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

2. 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.

3. 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.

4. 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

5. 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)

6. 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

7. 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

8. Rights of Audience in the Crown Court
Barristers
Solicitors who have undertaken Law Society training and been granted ‘higher rights’
Litigants in Person

9. 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

10. Indictments in Detail The indictment is divided into counts
There is the rule against duplicity
Joinder of Counts
Joinder of Defendants

11. 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

12. 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

13. 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

14. 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

15. 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

16. The Defendant should make his plea of guilty personally, counsel should not do so on his behalf
Williams [1978] QB 373

17. 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

18. Autrefois Acquit or Autrefois Convict
Should not be tried twice for the same offence
Also known as the rule against ‘double jeopardy’

19. Empanelling a Jury Eligibility for service
Difference between a jury panel and the jury
Challenges – abolition of the peremptory challenge by the Defence

20. 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

21. 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

22. 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

23. 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

24. 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)

25. 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

26. D should testify from the witness box
The decision to testify must be taken by D
Bar Code of Conduct

27. 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

28. 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.

29. 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

30. 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

31. 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.