Crown Office and Procurator Fiscal Service Working Together to be the Best Giving Evidence in Court Aileen Gordon Senior Procurator Fiscal Depute Crown.

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Presentation transcript:

Crown Office and Procurator Fiscal Service Working Together to be the Best Giving Evidence in Court Aileen Gordon Senior Procurator Fiscal Depute Crown Office and Procurator Fiscal Service

Working Together to be the Best To give participants some insight as to how to prepare for court and what to expect when they get there AIM AIM

Crown Office and Procurator Fiscal Service Working Together to be the Best Learning Outcomes [ Learning Outcomes [ By the end of the course participants will: Have a better understanding of the criminal court system Be able to prepare effectively to appear in court Know more about the process of giving evidence

Crown Office and Procurator Fiscal Service Working Together to be the Best Format Format Criminal Courts Fatal Accident Inquiries The role of the fiscal The role of the defence Preparing for court Giving evidence Mock trial

Crown Office and Procurator Fiscal Service Working Together to be the Best THE CRIMINAL COURTS IN SCOTLAND

Crown Office and Procurator Fiscal Service Working Together to be the Best SOLEMN SUMMARY High CourtSheriff and JurySheriffJP

Crown Office and Procurator Fiscal Service Working Together to be the Best THE CROWN OFFICE AND PROCURATOR FISCAL SERVICE (COPFS)

Crown Office and Procurator Fiscal Service Working Together to be the Best The Role of COPFS The Role of COPFS Investigation and Prosecution of Crime Investigation of Sudden or Suspicious Deaths Investigation of Complaints Against the Police

Crown Office and Procurator Fiscal Service Working Together to be the Best Criminal Cases Criminal Cases Evidential Issues Burden/standard of Proof Specific issues Age, vulnerability Lack of Corroboration Circumstantial Evidence Forensic Evidence

Crown Office and Procurator Fiscal Service Working Together to be the Best Forensic Evidence Forensic Evidence May be positive/negative/neutral Obligations of Disclosure Failure disclose fatal to conviction Significance of forensics? Munro v HMA (HC Appeal XC271/09) JM v HMA [2012] HCJAC 52

Crown Office and Procurator Fiscal Service Working Together to be the Best The Role of the Fiscal The Role of the Fiscal To present the facts (‘The Crown Case’) in a fair and objective manner To assist the court in delivery of a just verdict/ruling/sentence in the case

Crown Office and Procurator Fiscal Service Working Together to be the Best The Role of the Defence The Role of the Defence To test/challenge the Crown case To put forward any defence (if so instructed) To protect the interests of their client and ensure the have a fair trial

Crown Office and Procurator Fiscal Service Working Together to be the Best FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976

Crown Office and Procurator Fiscal Service Working Together to be the Best Fatal Accident Inquiries Fatal Accident Inquiries Mandatory or Discretionary Mandatory – deaths in custody/accidents at work Sheriff Court Civil Procedure Interested Parties represented Determination of Sheriff

Crown Office and Procurator Fiscal Service Working Together to be the Best Preparing for Court Preparing for Court Do prepare! Submit/read your report Refresh your memory Access to statement Do not speak to other witnesses Let PF know of any difficulties

Crown Office and Procurator Fiscal Service Working Together to be the Best Giving Evidence Giving Evidence Stay calm Take a deep breath Remain professional Answer the questions asked Don’t ‘answer back’ Do ask for clarification if needed Refer to Productions eg Report

Crown Office and Procurator Fiscal Service Working Together to be the Best Defence Tactics Defence Tactics Challenge qualification/experience Challenge your professionalism Challenge your procedures Challenge your memory Challenge your credibility

Crown Office and Procurator Fiscal Service Working Together to be the Best Objections Objections How to react Stop speaking Wait for Guidance Being sent out of room What happens next?

Crown Office and Procurator Fiscal Service Working Together to be the Best Other issues Other issues Multiple accused Re-examination Questions from Judge Stand bys Last minute problems

Crown Office and Procurator Fiscal Service Working Together to be the Best Final Thought Final Thought Don’t worry about it You are not the one on trial!!

Crown Office and Procurator Fiscal Service Working Together to be the Best PRACTICAL EXERCISE: MOCK TRIAL

Crown Office and Procurator Fiscal Service Working Together to be the Best To give participants some insight as to how to prepare for court and what to expect when they get there AIM AIM

Crown Office and Procurator Fiscal Service Working Together to be the Best Learning Outcomes [ Learning Outcomes [ By the end of the course participants will: Have a better understanding of the criminal court system Be able to prepare effectively to appear in court Know more about the process of giving evidence

Crown Office and Procurator Fiscal Service Working Together to be the Best Any Questions?