Trial Procedure

Question 1

Who has the burden of proof?

Answer 1

Prosecution.

Exceptions: defences like insanity, duress, diminished responsibility (burden on D, balance of probabilities).

Question 2

What is the evidential burden?

Answer 2

Obligation to raise sufficient evidence (e.g., D raising self-defence).

Question 3

Outline the basic trial order in MC.

Answer 3

1. Prosecution opening speech
2. Prosecution witnesses (exam-in-chief, cross-exam, re-exam)
3. Defence cross-exam → possible submission of no case to answer (SNCTA)
4. Defence case (D testifies first if giving evidence)
5. Closing speeches (P then D)
6. Judge/magistrates’ summing up
7. Verdict → sentence/adjourn

Question 4

What is the Galbraith test for ‘no case to answer’?

Answer 4

1. No evidence on essential element of offence → case stops.
2. Evidence so weak/unreliable no reasonable tribunal could convict.

Question 5

What is a voir dire?

Answer 5

A trial-within-a-trial to decide admissibility of disputed evidence (e.g., confessions under s.76 PACE, ID under s.78 PACE).

Question 6

Is a defendant compellable as a witness?

Answer 6

No – they are competent but not compellable (s.1 Criminal Evidence Act 1898).

If they don’t testify, adverse inferences may be drawn (s.35 CJPOA 1994).

Question 7

What’s the rule on order of defence witnesses?

Answer 7

If D testifies, they must be called first before other defence witnesses.

Question 8

Difference between leading and non-leading questions?

Answer 8

• Exam-in-chief/re-exam → non-leading (open).
• Cross-exam → leading (closed, suggest answers).

Question 9

Who is competent to give evidence?

Answer 9

All persons (s.53 YJCEA 1999), unless they cannot understand questions or give intelligible answers.

Question 10

Are spouses compellable?

Answer 10

Generally not, except for specified offences (assault/sexual offences against under-16s).

Question 11

What are ‘special measures’?

Answer 11

Assistance under YJCEA 1999 for vulnerable/fearful witnesses (e.g., screens, live link, video evidence, intermediaries).

Question 12

What must the judge tell the jury when special measures are used?

Answer 12

That measures should not prejudice them against D.

Question 13

What is a solicitor’s overriding duty to the court?

Answer 13

To uphold justice and never mislead the court, even if acting in client’s best interests.

Question 14

What is the difficulty faced by the defendant’s solicitor when conducting a voir dire in a magistrates’ court?

Answer 14

Magistrates decide matters of both law and fact, meaning they are aware of the existence of inadmissible evidence unlike in the Crown Court where the judge conducts voir dire in the absence of the jury.

Question 15

Why might a defendant elect trial in the Crown Court when charged with an either-way matter?

Answer 15

The absence of a satisfactory procedure for dealing with the admissibility of disputed prosecution evidence in a magistrates’ court trial.

Question 16

What is the standard of proof

Answer 16

Prosecution must prove guilt beyond reasonable doubt and disprove Ds defence of alibi/SD beyond reasonable doubt.

Question 17

Outline basic trial order in CC

Answer 17

1. Jury sworn in
2. Opening speech by pros
3. Pros W give evidence and agreed s9 statements read by Prosecutor
4. SNCTA
5. Opening speech by D
6. DW give evidence
7. Prosecution closing speech
8. D closing speech
9. Judge summs up
10. Jury retire to consider verdict
11. Verdict announced