Trial on Indictment in the Crown Court English Legal System Trial on Indictment in the Crown Court

Aims The aims are this lecture are to: Look at the history of the Crown Court and the allocation of business to the Court for trial on indictment; Consider which judges try which cases in the Crown Court and how they are allocated; Revise rights of audience in the Crown Court; Consider what an indictment is and the rules relating to the drafting of indictments; Examine the procedure for managing cases in the Crown Court Examine stages of a trial in the Crown Court.

Learning outcomes By the end of this lecture you should be able to: Outline the history of the Crown Court and the allocation of business to different judges within the Court; State who has rights of audience in the Crown Court; Describe the purpose and rules relating to the drafting of indictments in the Crown Court; Outline the main steps in the procedure of managing cases in the Crown Court; 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 Make sure that I mention when disclosure will normally take place

How is the work divided between the judges? Offences are categorized according to class Treason and Murder – High Ct Judge Manslaughter and Rape – High Court J Indictable offences other than above – Circuit J 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: His and the Jury’s Role; That it is for the Prosecution to prove its case; The Judge defines the offence charged; Where two Ds in one indictment, the Judge must tell the jury to consider them separately; 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: Describe the jurisdiction of the Crown Court and how judges are allocated to different cases; Explain what is meant by an indictment and the basic rules in drafting such a document; Describe the procedure for managing cases in the Crown Court; Outline the stages in a trial on indictment.