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Flashcards

RB9: Jury Procedure

item1388 Red Book N/a Inglês 41 flashcards

Flashcards do conjunto (41)

  1. 1First of all, trial by judge alone must [meet what criterion?]. If that criterion is met, then in what (2) circumstances may a trial be conducted by a judge alone?First of all, trial by judge alone must BE IN THE INTEREST OF JUSTICE.
    1. TAMPERING: When there is a REAL AND PRESENT danger of JURY TAMPERING
    2. COMPLEX FRAUD: NB (not in force as of 31/12/2013) (RB 54)
  2. 2What (3) conditions must be met if a judge is to try alone some, but not all, of the counts on an indictment?1. The number of counts means that trial by jury of all the counts would be impracticable; AND
    2. Each count or group of counts tried with the jury can be taken as a sample of counts which could be tried w/o jury; AND
    3. It is in the IOJ (RB 54)
  3. 3If D is absent on any date fixed for trial, then the judge [is obliged to/has discretion to] [only start/start or continue/only continue] the trial without D.If D is absent on any date fixed for trial, then the judge HAS DISCRETION to START OR CONTINUE the trial without D (RB 54)
  4. 4What circumstances should be considered when assessing whether the court may start or continue the trial in the absence of D? (9)1. Nature and circumstances of D's absence (is it voluntary?)
    2. Would adjournment resolve the situation (plus length of adjournment)
    3. Whether D wanted or waived representation
    4. If D's representatives have or could take instructions
    5. Extent of disadvantage to D
    6. Risk of jury reaching an improper conclusion based on the absence
    7. Effect of delay on the memory of Ws
    8. Undesirable nature of separate trials for multiple Ds (RB 55)
  5. 5Court has discretion to protect its process from abuse by staying an indictment when it would be IMPOSSIBLE TO GIVE D A FAIR TRIAL. In what (4) situations might it be impossible to give D a fair trial?1. Disclosure failures by P
    2. Adverse media publicity
    3. Key evidence being unavailable to D to examine
    4. Delay in charging D
  6. 6The court may stay an indictment if it would be impossible to give D a fair trial. What other reason might justify the staying of an indictment?AFFECT THE COURT'S SENSE OF JUSTICE & PROPRIETY TO TRY D
    The proceedings amount to a misuse or manipulation of the court's process because it would offend the court's sense of justice and propriety to try D in the circumstances of the case. (RB55)
  7. 7Staying an indictment as an AOCP: 1. What sort of notice must be given? 2. Who determines the application, on what evidence? 3. Who bears BOP, and to what standard?1. WRITTEN notice
    2. The trial judge determines the matter, considering any material provided by P&D
    3. D bears BOP, and must discharge it on BOProbs (RB55)
  8. 8On what (2) grounds may someone be barred from serving on a jury?1. Mentally disordered; or
    2. Disqualified
  9. 9On what (4) grounds may someone be disqualified from jury service (exclude mental disorder)Someone may be disqualified from jury service if that person:
    1. Is on BAIL at the time service is required
    2. Has EVER had a custodial sentence in UK of 5Y+
    3. Has in LAST 10Y had ANY custodial sentence or suspended custodial sentence in UK
    4. In last 10Y has had a community order in E&W (RB 55)
  10. 10What is the 'impartial observer' test in the context of deciding whether a juror should stand down?A juror should stand down if an impartial observer would conclude on the facts that that juror has an APPEARANCE of bias
    (RB 56)
  11. 11What will D be informed of before a juror is sworn in?D will be informed that he has the right to CHALLENGE THE EMPANELLING OF A JUROR before the juror is sworn in (RB 57)
  12. 12What are the (2) means of challenging a juror? Which of those means are available to P and which are available to D?1. Standby
    2. Challenge for cause
    1. Standby is available to P ONLY
    2. Challenge for cause is available to both D and to P
  13. 13T or F: When P uses standby, it must give reasons. In what (2) circumstances is the standby challenge generally used? T or F: It is not acceptable to use the standby challenge to achieve a racially balanced jury.FALSE: If P challenges a juror with 'standby' the P is not required to give reasons
    1. Jury is vetted and juror is deemed unsuitable
    2. Juror is manifestly unsuitable for the type of trial to be conducted (RB 56)
    TRUE: It is not acceptable to use the standby challenge to achieve a racially balanced jury.
  14. 14When is 'challenge for cause' generally used? How is 'challenge for cause' made, practically? What if the reason for challenge is simple, and what if it is complex?Challenge for cause is used when the potential juror is suspected of bias
    Say 'challenge' before juror's oath is taken
    Simple: state reason when challenge is made
    Complex: jurors asked to leave so challenge can be explained and questions put to potential juror if the court so directs (RB 56)
  15. 15A jury is made up of X members. Up to Y members of the jury can be discharged for illness or necessity. The trial [must/may] be abandoned if more than Z jurors have to be discharged.A jury is made up of 12 members. Up to 3 members of the jury can be discharged for illness or necessity. The trial MUST be abandoned if more than 3 jurors have to be discharged. (RB 57)
  16. 16In what (3) circumstances may the entire jury be discharged?1. PREJUDICIAL EVIDENCE: The jury hears prejudicial and inadmissible evidence.
    2. INDECISION: Jury can't reach a verdict
    3. CONTAMINATION: An individual juror has been discharged and there is a risk that juror contaminated the whole jury
    (RB 57)
  17. 17The jury has heard inadmissible and prejudicial evidence. Discharge [is/is not] automatic.Discharge is NOT automatic (RB 57)
  18. 18What is the test for deciding whether a jury that has heard inadmissible and prejudicial evidence should be dischargedThe test for discharging the jury is whether there is a REAL POSSIBILITY OF INJUSTICE as a result of the evidence having biased the jury. (RB 57)
  19. 19There are multiple Ds and one has changed his plea to Guilty. 1. Should the trial continue against the other D's? 2. What is the exception to the above?1. YES: the trial should continue against the other Ds even if one has changed plea to G
    2. UNLESS the other Ds being tried by te same jury would cause those other Ds PARTICULAR UNFAIRNESS. (RB57)
  20. 20What are the procedural steps in a jury trial (10)1. Reading the indictment
    2. P opening speech
    3. P gives C case
    4. [D submits NCTA, if appropriate]
    5. D makes D case
    6. Closing speeches
    7. Summing up
    8. Jury retires
    9. Verdict given
    10. Sentence
  21. 21What is the 'Reading of the indictment?' When does it happen?i. Court clerk reads the indictment out to the court, and states that D pleaded NG
    ii. Once the jury has been empanelled
    (RB57)
  22. 22What is the P opening speech intended to do?The P opening speech should focus the jury's mind on the issues they will need to address (RB 57)
  23. 23What statutory section allows for read witness statements? How are read witness statements introduced to court? T or F: Read witness statements have the same value as live evidence.Section 9, Criminal Justice Act 1967
    ('section 9 statements)
    P reads the whole document, including the statement of truth
    TRUE: Section 9 statements have the same value as live evidence.
  24. 24On what three conditions may a witness statement be read?1. The evidence is not disputed
    2. The defence has consented
    3. A successful hearsay application has been made (RB 57)
  25. 25What is the statutory section that allows facts not in dispute to be admitted into evidence?Section 10, Criminal Justice Act 1967
    ('Section 10 admissions')
    (RB 57)
  26. 26P must call (or offer to call) the witnesses named in the committal/sending bundle, unless [one of three conditions applies]P must call (or offer to call) the witnesses named in the committal/sending bundle unless:
    1. D agrees to the WS being read; or
    2. W is no longer credible in P view; or
    3. It makes more sense for D to call the W because the Ws evidence is so contradictory t the P case. (RB 58)
  27. 27A W has not been included in the committal/sending bundle. What step must P complete if that W is to be called?A W not included in the committal/sending bundle can only be called to give evidence at trial if his WS is disclosed to D in a NOTICE OF FURTHER EVIDENCE
    (This is part of P's ongoing disclosure duties) (RB 58)
  28. 28A submission of NCTA is made in accordance with the case of R v [X]. The submission will succeed if [what one of two conditions is met?]A submission of NCTA is made in accordance with the case of R v Galbraith. The submission will succeed if:
    1. There is NO EVIDENCE that D committed the alleged offence; or
    2. The evidence TAKEN AT ITS HIGHEST is such that NO REASONABLE JURY PROPERLY DIRECTED COULD PROPERLY CONVICT ON IT. [memorise this] (RB58)
  29. 29The submission will fail if: 1. ... 2. ...The submission will fail if:
    1. There is evidence on which the jury could properly convict; and/or
    2. The strength of the case relies on matters exclusively for the jury to decide.
    (RB 58)
  30. 30D is under no obligation to call evidence in his own defence, but what risk is precipitated by D's failure to call evidence?D is under no obligation to call evidence in his own defence, but risks an ADVERSE INFERENCE if he does not. (RB 58)
  31. 31On what condition may D make an opening speech?D make an opening speech at the opening of the D case IF HE IS CALLING WITNESSES OF FACT OTHER THAN D HIMSELF. (RB 58)
    TRUE: It is rare for D to make an opening speech.
  32. 32If D intends to testify himself, when must he testify? What is the exception to the above rule?If testifying, D must do so BEFORE ANY OTHER LIVE WITNESSES.
    Unless the judge gives leave for other live witnesses to testify before D
  33. 33In what order do D's give evidence if there are multiple D's? What is the process for XX? In what order will the D's and P conduct XX?If there are multiple D's, the case will be PRESENTED IN THE ORDER THE Ds APPEAR ON THE INDICTMENT
    The process for XX: Each D will be cross-examined by his Co-Ds first (IN THE ORDER THEY APPEAR ON THE INDICTMENT) and then P last (RB 58)
  34. 34If D seeks to adduce alibi evidence, he must provide [what] to the P in advance or else risk an adverse inference.If D seeks to adduce alibi evidence, he must provide PARTICULARS OF THE WITNESS TO P IN ADVANCE, or else risk an adverse inference (RB 59)
  35. 35If D represents himself in person at trial, what (3) things should the judge do to ensure fairness of proceedings?If D represents himself in person at trial, the judge should:
    1. Ask questions to test the P witnesses
    2. Prevent repetitious questioning of P witnesses by D
    3. Instruct the jury that D is entitled to represent himself and has been warned about the difficulties of doing so
  36. 36As in the MC, X will give a closing speech first, and Y last. Co-Ds make speeches [in what order]?As in the MC, P will give a closing speech first, and D last. Co-Ds make speeches IN THE ORDER THEY APPEAR ON THE INDICTMENT. (RB 59)
  37. 37After the closing speech, there is the summing up. What is the summing up?Summing up: The judge summarises the evidence and explains the law to the jury. (RB 59)
  38. 38T or F: Submissions regarding points of law generally must be made before the jury, in simplified form. [What happens next?]F: In general, submissions regarding points of law will be MADE TO THE JUDGE IN THE ABSENCE OF THE JURY.
    After submissions are made, the judge makes a ruling on the law and the jury returns to court (RB 59)
  39. 39Submissions regarding the admissibility of evidence may be dealt with at X or during Y.Submissions regarding the admissibility of evidence may be dealt with at PCMH or during THE TRIAL. (RB 59)
  40. 40What happens if submissions about the admissibility of evidence are made during the trial? (2)If submissions regarding the admissibility of evidence are made during the trial, then:
    1. It should be made at the point the disputed evidence is about to be called;
    2. The jury will be asked to retire if a relevant point (RB 59)
  41. 41What happens during

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N/a Red Book FlashCards sobre RB9: Jury Procedure, criado por item1388 em 25-10-2015.
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