Post on 12-Jan-2016
transcript
English Legal System
Trial on Indictment in the Crown Court
Aims
• The aims are this lecture are to:
1. Look at the history of the Crown Court and the allocation of business to the Court for trial on indictment;
2. Consider which judges try which cases in the Crown Court and how they are allocated;
3. Revise rights of audience in the Crown Court;4. Consider what an indictment is and the rules relating to the
drafting of indictments;5. Examine the procedure for managing cases in the Crown
Court6. Examine stages of a trial in the Crown Court.
Learning outcomes• By the end of this lecture you should be able to:
1. Outline the history of the Crown Court and the allocation of business to different judges within the Court;
2. State who has rights of audience in the Crown Court;3. Describe the purpose and rules relating to the
drafting of indictments in the Crown Court;4. Outline the main steps in the procedure of managing
cases in the Crown Court;5. Describe the conduct of a trial on indictment.
History of the Crown Court
• Created by the Courts Act 1971 to replace the ancient courts of assize and quarter sessions
• It is part of the Supreme Court of England and Wales by virtue of the Supreme Court Act 1981
Jurisdiction of the Crown Court
• Trial on Indictment – exclusive jurisdiction
• Committals for sentence• Appeals from the Magistrates against
conviction or sentence• Miscellaneous civil matters (e.g.
licensing appeals and care orders from the youth courts)
Who sits in the Crown Court?
• High Court or Red Judges
• Circuit Judges
• Recorders
• Deputy Circuit Judges
How is the work divided between the judges?
• Offences are categorized according to class
1. Treason and Murder – High Ct Judge
2. Manslaughter and Rape – High Court J
3. Indictable offences other than above – Circuit J
4. Triable either way – Circuit J/Recorder
Rights of Audience in the Crown Court
• Barristers
• Solicitors who have undertaken Law Society training and been granted ‘higher rights’
• Litigants in Person
The Indictment
• Like the information it forms the basis of the charge that will be read to the Defendant at the start of the trial
• Unlike an information it is subject to detailed rules contained in the Indictments Act 1915 and the Indictment Rules 1971
Indictments in Detail
• The indictment is divided into counts
• There is the rule against duplicity
• Joinder of Counts
• Joinder of Defendants
Preparing for trial in the Crown Court
• Reforms have been introduced in recent years with the aim of making the preparation for trial in the Crown Court more efficient
• There are three main kinds of hearings:
• Plea and Directions Hearings
• Pre-trial Hearings
• Preparatory Hearings
Plea and Directions Hearings
• Introduced by a Practice Direction in 1995
• Defence must supply a full list of prosecution witnesses they require to attend at trial
• Both sides should present a summary of the issues on which directions are sought
Other Types of Pre-trial Hearings in the Crown Ct
• Pre-trial rulings – formal rulings that are not irreversible but cannot automatically be re-considered
• Preparatory Hearings – these are for long and complex trials
Arraignment
• This is the process of putting the counts in the indictment to the accused one by one asking him whether he pleads guilty or not guilty
• Plea of not guilty puts the entire Prosecution case in issue
• If a Plea of Not Guilty the next step is normally to empanel a jury
• However, should be aware that the prosecution may not wish to proceed if the accused has pleaded guilty to some counts but not others
• The Defendant should make his plea of guilty personally, counsel should not do so on his behalf
• Williams [1978] QB 373
Refusal and Incapacity to Plead
• Muteness – malice/by visitation of God
• Unfit to plead – where D’s intellect is defective, so that he cannot comprehend the course of the proceedings so as to make a proper defence
Autrefois Acquit or Autrefois Convict
• Should not be tried twice for the same offence
• Also known as the rule against ‘double jeopardy’
Empanelling a Jury
• Eligibility for service
• Difference between a jury panel and the jury
• Challenges – abolition of the peremptory challenge by the Defence
The Prosecution
• The Duty of the Prosecutor – not the Prosecutor’s role to secure a conviction at all costs
• The Opening speech – giving the jurors an overall view of the case
The Prosecution Witnesses
• The Prosecution should call all the witnesses whose statements were tendered at Committal Proceedings
• The Prosecution have a duty to take all reasonable steps to secure the attendance of witnesses
Defence objections to Prosecution Evidence
• Not dealing with the rules of evidence in these lectures, but a lot of procedure at the Crown Court turns on the admissibility of evidence
• Fundamental principle that in the Crown Court the Judge decides these questions
• The D should give prior warning to the Prosecution
Submission of No Case to Answer
• P ends his case by saying ‘so that is the case for the Prosecution’
• Then counsel for D may make a submission of no case to answer
• The Judge can raise the matter as well
The Defence Case
• The Defence have the right to an opening speech where they intend to call another witness to testify to the facts of the case other than the accused
• Good Character Witnesses do not count for these purposes (Criminal Evidence Act 1898, s.2)
The Defence Evidence
D is competent, but not compellable (s.1 of Criminal Evidence Act 1898)
D can choose whether to give evidence
D should normally be called first if there are other witnesses
D should testify from the witness box
The decision to testify must be taken by D
Bar Code of Conduct
Closing Speeches
• After the Defence Evidence the Prosecution may sum up his case to the Jury
• The Defence then have the right to the last word – must not make things up, although can suggest that there is an innocent explanation based on the evidence
The Judge Sums Up
• Major Difference from Summary Trial
• Matters for the Judge to deal with in his summing up:1. His and the Jury’s Role;2. That it is for the Prosecution to prove its case; 3. The Judge defines the offence charged;4. Where two Ds in one indictment, the Judge must tell
the jury to consider them separately;5. Finally the Judge must deal with the evidence in the
case.
The Verdict
• The Jury retires to consider their verdict
• The jury can ask the judge for further explanations relating to the law
• No evidence shall be adduced before the jury after they have begun to consider their verdict
Majority Verdicts
• Until 1967 the verdict of a jury had to be unanimous
• Juries Act 1974 is the present legislation governing this area
• Provides for majorities of 11 to 1 or 10 to 2
• Judge directs them to try and reach a unanimous verdict
Summary of lecture
• You should now be able to:
1. Describe the jurisdiction of the Crown Court and how judges are allocated to different cases;
2. Explain what is meant by an indictment and the basic rules in drafting such a document;
3. Describe the procedure for managing cases in the Crown Court;
4. Outline the stages in a trial on indictment.