Trial: Crown Court

Question 1

How many are in a jury?

Answer 1

12

Question 2

What is the process for trials in the crown court?

Answer 2

1. legal arguments
2. jury selection
3. P opening speech (and D?)
4. P evidence
5. No case to answer?
6. D right to give evidence
7. D opening spech (if one or more D witnesses)
8. D evidence
9. legal discussions
10. Closing speeches
11. Summing up
12. Verdict

Question 3

What judges sit in the crown court?

Answer 3

• circuit judges
• recorders
• high court judges

Question 4

Who is the arbiter of law?

Answer 4

Judge

Question 5

Who is the arbiter of fact?

Answer 5

Jury

Question 6

What will a judge direct a jury on?

Answer 6

Matters of law
Finding not guilty

Question 7

Can a judge direct a jury to find someone guilty?

Answer 7

No

Question 8

When can legal arguments be heard?

Answer 8

Pre trial
Before/after jury sworn in

Question 9

What are the common legal arguments dealt with prior to the commencement of a jury trial?

Answer 9

• Bad character applications
• Hearsay applications
• S76/s78 applications
• Abuse of process applications

Question 10

Can a defendant object to a juror?

Answer 10

Yes

Question 11

What will a prosecution opening speech address?

Answer 11

• What case is about
• Areas of dispute
• Why D is guilty
• What counts D faces

Question 12

When can witness statements be read out rather than live evidence?

Answer 12

When not in dispute

Question 13

What is a ROTI?

Answer 13

Record of Taped Interview produced in edited form, jury gets copy and read out.

Question 14

What is read out when there was a no comment interview?

Answer 14

agreed written admissions stating what D was asked about and that D replied no comment

Question 15

What is a submission of no case to answer?

Answer 15

Judge directs jury to acquit on grounds that prosecution evidence is insufficient for any reasonable court to properly convict, but only if prosecution had opportunity to make representations

Question 16

Is a defendant obliged to give evidence?

Answer 16

No but can draw adverse inferences

Question 17

What is required if Defendant is giving no evidence?

Answer 17

Confirmation of advice by legal representative