27/11/2019
TRIAL AND SENTENCE
TRIAL PREP, PROCESS, AND SENTENCING
CONSIDERATION OF CASE BEFORE TRIAL
Actus reus and Mens rea of Offence
Prosecution vs Defendant’s version of events
Facts in issue and proof of facts
Requirement of further evidence
Always good to go to the place where the offence took place – potentially take an expert with you? E.g. RTA expert can determine from
tyre marks how fast the car was going / can examine the damage done to the car
WITNESSES AS TO FACTS
Statement
Attendance at trial
Ask D about any possible witnesses, contact witnesses yourself and keep contact between D and witness to a minimum. Take a proof
of evidence from the witness yourself. Ask witness if they will come to court, check availability, seek witness summons from the court.
Magistrates Court Act – write to the witness regarding court.
All witnesses do not need to attend trial – only those who are challenged.
Evidence which is accepted – read under s.9 CJA
Facts agreed between D and P may be admitted under s.10 CJA
ADMISSIBILITY AGREED - S 9 STATEMENTS – CJA 1967
Formalities – statement must be:
Signed – whilst aware the statement must be true otherwise will be in contempt of court
Declaration of truth
Served – on the other parties to the case
No objection within 7 days – within the relevant period
ADMISSIONS UNDER SECTION 10 CJA 1967
“Either the CPS or the defendant may formally admit certain facts either in advance of trial or at the trial itself”
OUTCOMES
Trial – if you don’t plead before the trial, evidence is given in court and a verdict is made – either guilty or not guilty
Guilty
o Sentencing
Not Guilty
o Acquittal – may the D be released from the dock
, 27/11/2019
MAGISTRATES TRIAL
Prosecution - burden of proof to prove beyond a reasonable doubt
Opening speech – sets the scene, explain the law, any aspects of law which are relevant to the case
Witness evidence – any identification issues?
Each witness is examined in chief by the prosecution and then cross-examined by the D advocate
o Re-examination by the person calling the witness – usually don’t need to re-examine unless necessary as points
should already have been dealt with. Not an opportunity for advocates to ask something they have forgotten – be
honest with the court and ask if there are any objections to ask the question.
Officer in the case called to give details of the interview
Defence
D gives evidence first – is there a part of the prosecution case which needs answering? Can you argue self-defence?
Automatism? Is it better to give evidence or to give an adverse inference?
o S.35 CJPOA
Witnesses
Closing speech – if the D is represented. Point of cross-examination. Ask questions to show weaknesses and contradictions in
prosecution’s case. Underlie D’s case. Deal with significance of any previous convictions – must be sure of D’s guilt before
convicting.
PURPOSE OF SENTENCING S 142 CJA
Any court dealing with an offender in respect of his offence must have regard to the following purposes of sentencing:-
Punishment – of the offenders
Deterrent – reduction of crime
Rehabilitation - reformation
Reparation – by offenders to persons affected by their offences
Protection – of the public
TYPES OF SENTENCE
Custodial sentence – prison, detention in young offender’s institute, usually a determinate period – for a set fixed period. Life
sentence = indeterminate period.
o Suspended terms of custody = only going to prison if D breaches these terms
Community sentence – Community Service Act = unpaid work, drug rehabilitation, curfews, fines/payment of money to the
court, discharges = absolute (rare) or conditional (D may be resentenced for the offence if they commit another offence in the
discharge period)
o Similarities between suspended sentences.
Fine
Discharge
ADDITIONAL ORDERS – ANCILLARY ORDERS
Compensation – technical pieces of legislation.
o S.130-133 Powers of Criminal Courts (Sentencing) Act 2000 – order is available when the D receives a custodial
sentence. Compensation order to any personal injury, loss or damage resulting from that offence or any other offence
Prosecution costs – order for costs should never exceed what the D is able to pay. Must be reasonable. Described as a
contribution to the prosecution’s costs.
Victim surcharge – D must pay a sum of money which is over and above the sentence they receive depending on the type of
sentence they receive.
o Conditional discharge = £21
TRIAL AND SENTENCE
TRIAL PREP, PROCESS, AND SENTENCING
CONSIDERATION OF CASE BEFORE TRIAL
Actus reus and Mens rea of Offence
Prosecution vs Defendant’s version of events
Facts in issue and proof of facts
Requirement of further evidence
Always good to go to the place where the offence took place – potentially take an expert with you? E.g. RTA expert can determine from
tyre marks how fast the car was going / can examine the damage done to the car
WITNESSES AS TO FACTS
Statement
Attendance at trial
Ask D about any possible witnesses, contact witnesses yourself and keep contact between D and witness to a minimum. Take a proof
of evidence from the witness yourself. Ask witness if they will come to court, check availability, seek witness summons from the court.
Magistrates Court Act – write to the witness regarding court.
All witnesses do not need to attend trial – only those who are challenged.
Evidence which is accepted – read under s.9 CJA
Facts agreed between D and P may be admitted under s.10 CJA
ADMISSIBILITY AGREED - S 9 STATEMENTS – CJA 1967
Formalities – statement must be:
Signed – whilst aware the statement must be true otherwise will be in contempt of court
Declaration of truth
Served – on the other parties to the case
No objection within 7 days – within the relevant period
ADMISSIONS UNDER SECTION 10 CJA 1967
“Either the CPS or the defendant may formally admit certain facts either in advance of trial or at the trial itself”
OUTCOMES
Trial – if you don’t plead before the trial, evidence is given in court and a verdict is made – either guilty or not guilty
Guilty
o Sentencing
Not Guilty
o Acquittal – may the D be released from the dock
, 27/11/2019
MAGISTRATES TRIAL
Prosecution - burden of proof to prove beyond a reasonable doubt
Opening speech – sets the scene, explain the law, any aspects of law which are relevant to the case
Witness evidence – any identification issues?
Each witness is examined in chief by the prosecution and then cross-examined by the D advocate
o Re-examination by the person calling the witness – usually don’t need to re-examine unless necessary as points
should already have been dealt with. Not an opportunity for advocates to ask something they have forgotten – be
honest with the court and ask if there are any objections to ask the question.
Officer in the case called to give details of the interview
Defence
D gives evidence first – is there a part of the prosecution case which needs answering? Can you argue self-defence?
Automatism? Is it better to give evidence or to give an adverse inference?
o S.35 CJPOA
Witnesses
Closing speech – if the D is represented. Point of cross-examination. Ask questions to show weaknesses and contradictions in
prosecution’s case. Underlie D’s case. Deal with significance of any previous convictions – must be sure of D’s guilt before
convicting.
PURPOSE OF SENTENCING S 142 CJA
Any court dealing with an offender in respect of his offence must have regard to the following purposes of sentencing:-
Punishment – of the offenders
Deterrent – reduction of crime
Rehabilitation - reformation
Reparation – by offenders to persons affected by their offences
Protection – of the public
TYPES OF SENTENCE
Custodial sentence – prison, detention in young offender’s institute, usually a determinate period – for a set fixed period. Life
sentence = indeterminate period.
o Suspended terms of custody = only going to prison if D breaches these terms
Community sentence – Community Service Act = unpaid work, drug rehabilitation, curfews, fines/payment of money to the
court, discharges = absolute (rare) or conditional (D may be resentenced for the offence if they commit another offence in the
discharge period)
o Similarities between suspended sentences.
Fine
Discharge
ADDITIONAL ORDERS – ANCILLARY ORDERS
Compensation – technical pieces of legislation.
o S.130-133 Powers of Criminal Courts (Sentencing) Act 2000 – order is available when the D receives a custodial
sentence. Compensation order to any personal injury, loss or damage resulting from that offence or any other offence
Prosecution costs – order for costs should never exceed what the D is able to pay. Must be reasonable. Described as a
contribution to the prosecution’s costs.
Victim surcharge – D must pay a sum of money which is over and above the sentence they receive depending on the type of
sentence they receive.
o Conditional discharge = £21
