Court Procedure and Witness

• What kind of offences may be dealt with by plea of guilt by post?

  Summary only
• What age must a juvenile suspect of a summary only offence be to plead guilty by post?

  16 or 17
• For a plea of guilt by post, a summons/ requisition is served on the defendant with a “statement of facts” and a prescribed form of explanation. The defendant can plead guilty and put forward any mitigation in their absence.
• What kind of offences are most commonly dealt with by plea of guilt by post?

  Driving offences
• What is a GAP pre-trial hearing called?

  Early first hearing
• What is an NGAP pre-trial hearing called?

  Early administrative hearing
• Who can represent themselves at trial - defence or prosecution?

  Defence
• What is a Newton hearing?

  Where there is a disagreement about facts of indictable offence at Crown Court for GAP and prosecution is required to call evidence to support their version of facts
• What is the threshold for prosecution to reach for NGAP at Crown court?

  Beyond all reasonable doubt
• When can defendant be acquitted at NGAP Crown court?

  When prosecution fail to provide sufficient evidence about any element of the offence. Defence can submit "no case to answer" and judge decides whether to acquit. Prosecution can make representations if "no case to answer" is submitted
• What may the court do if the defendant fails to appear at the Mag to answer bail?

  1.Issue a warrant for their arrest under S7 of the Bail Act 1976;

  2. Appoint a later time for defendant to appear, in accordance with S129(3) of the Magistrates' Courts Act 1980;

  3. Proceed in the defendant's absence under S11(1) of the Magistrates' Courts Act 1980
• For witnesses to be called to court, they must be what?

  Competent and compellable
• What is a competent witness?

  In law, anyone, regardless of age, is competent at every stage of criminal proceedings
• What is a compellable witness?

  Must first be competent; and law requires witnesses to give evidence even if they don't want to
• If there is a risk a witness may not show up for court, what action can be taken?

  Prosecution or defence can apply for a summons, warrant or order requiring a witness to attend court
• Who can apply for a summons for a witness to attend court?

  Prosecution and defence
• Who is automatically not competent to give evidence for the prosecution?

  The accused
• When can a defendant be competent to provide evidence for prosecution?

  When the defendant has pleaded guilty and wants to provide evidence against co-defendant
• According to PACE S80, what offences are "specified" so that a spouse or partner of the accused can be compellable to give evidence in court?

  3a. it involves an assault, injury or threat of injury, to the spouse or partner or someone who was under 16 at the time;

  b. It is a sexual offence alleged to have been committed against someone who was underage at the time OR

  c. It consists of attempting or conspiring to commit, or aiding, abetting, counselling, procuring or inciting the commission of an offence in a or b above.
• What is the key feature about compellability?

  That the witness is required by law to give evidence, even if they don't want to. For a spouse or civil partner, they are compellable only for specified crimes
• Where a spouse or civil partner is giving evidence against the suspect at court, for an offence they were not compelled to give evidence for, what may strengthen the prosecution?

  If they can show the spouse or civil partner was told their giving evidence was not obligatory
• Does a witness count as a spouse or civil partner of the defendant after divorce or annulment?

  No - they are treated like any other witness
• True or false: a partner who lives with the defendant gets the same treatment as a spouse or civil partner?

  False - they are treated like any other witness
• What is the minimum age of a witness giving evidence at court?

  There is no age restriction
• What is the minimum age for a witness to be sworn in under oath to give evidence at court?

  14 - as long as they understand they are to be truthful and they are able to to give intelligent testimony
• How is intelligent testimony established for young witnesses or witnesses with a disability of the mind?

  An expert may determine it, or the court will consider the witness able to give intelligent testimony if they understand the questions put to them and are able to provide understandable answers
• Where a witness may be suffering from a condition, e.g. Alzheimer's, what measures can be taken to get evidence from them?

  A videotaped interview may be played in court where the witness is not fit to attend
• Who applies for a witness anonymity order?

  Prosecution or defence
• Who does the prosecution or defence apply to for a witness anonymity order?

  The court
• What three conditions must be met for a court to grant a witness anonymity order request?

  a.The order is necessary to protect the witness or another person, or the prevention of serious damage to property or real harm to the public interest;

  b. Taking these measures would be consistent with the defendant receiving a fair trial AND

  c. It is in the interests of justice that the witness testifies and they would not testify without the order and there would be real harm to public interest if the witness were to testify without the order.
• What is considered "eligible criminal proceedings" for the use of live video and/ or audio links in court?

  Preliminary hearing, summary trial and trial on indictment, or any other trial in Crown court.
• What must the court consider when determining whether live link is necessary?

  The importance of the witness’s evidence to the proceedings and whether the live link may inhibit any party from challenging or testing evidence.
• What offences may lead to witnesses being offered special measures at court?

  Anti-social behaviour injunctions, criminal behaviour orders; homicide offences, including manslaughter; offences involving a firearm, offensive weapon or knife
• What offences may lead to the victim being offered special measures at court?

  Adult victims of DV who are vulnerable or intimidated; adult victims of sexual offences, human trafficking offences, indecent photographs of children, including possession of said photos; slavery and trafficking offences and DA.
• Who is eligible for special measures in court?

  All witnesses under 18 at the time of the hearing/ trial, regardless of offence, unless they want to go to court to testify in person (so videoed interview or live link to be used); vulnerable witnesses affected by a mental disorder, impairment of intelligence and social functioning; vulnerable witnesses affected by physical disability or disorder; any witness or victim of a “relevant offence”
• What types of special measures are available for court?

  Screening witness from seeing defendant; live link, accompanied by a supporter; hearing evidence in private where offence is sexual or trafficking for exploitation; dispensing with wigs and gowns; admitting video recording for evidence in chief; admitting video of cross-examination and re-examination; questioning witness through an intermediary for young or incapacitated witnesses; aids for communication for young or incapacitated witnesses; an investigation anonymity order or witness anonymity order.
• How may a witness refresh their memory at court?

  State in their oral evidence that a document was prepared at an earlier time and is likely to be a better recollection than now. They may then refer to it
• What counts as a "document" for a witness to refer to when giving oral evidence?

  A written document or audio recording. A transcript needs to have been made of audio document
• How may a visual-audio recording be used by a witness in a court of law?

  It can be viewed by witness to refresh memory, but not immediately before giving evidence.
• How many rights are in the Victims' Code of Practice?

  12