PREPARATION AND CONDUCT OF A CRIMINAL TRIAL 

 

The first of this month’s 2 presentations will be on Wednesday, 13th April and will consider aspects of both preparation and conduct of a criminal trial – whether that be a trial in the Magistrates’ Court or the Crown Court.

Criminal trials are never easy but the more you know the more relaxed you become about them. As usual, there will be 20 issues for consideration during this 1-hour presentation and you may find, upon reading them, that there are tactics that you have never even considered!

THE CASE-LAW COVERED IN THIS PRESENTATION WAS HANDED DOWN IN 2022/2021/2020

Clients have an expectation that you all have the adversarial qualities of a Marshall Hall – the truth, as always, is that you will simply do your very best for the client.

The following 20 issues will be considered:

1 – Seeking the consent of the Court to allow your client to refresh his/her memory from an evidential proof, whilst testifying – see Section 139 of the Criminal Justice Act 2003

2 – Putting your client in the witness box and getting him to adopt his police station interview as the examination-in-chief – a troublesome tactic for your opponent!

3 – What to do for the best when your client simply doesn’t turn up for the trial

4 – Appreciating who bears the burden and the extent to which the burden must be discharged – raising defences evidentially – persuading the Court legally, albeit on a balance of probabilities, of your defence

5 – Reprehensible Behaviour, falling within Section 98 (a) of the Criminal Justice Act 2003 – AAM and Regina [2021] EWCA Crim 1720

6 – Section 119 of the Criminal Justice Act 2003 and Section 114 (1) (d) and the interesting case of Muldoon and Regina [2021] EWCA Crim 381

7 – DNA evidence and the very interesting 2022 Court of Appeal decision of Regina v Belhaj-Farhat [2022] EWCA Crim 115

8 – The consequences of attacking the character of the deceased in the proceedings – Regina v Colecozy–Rogers [2021] EWCA Crim 111

9 – Advising on the evidential significance of text messages – R v Bedward [2021] EWCA Crim 721

10 – The different methods by which the Court receives evidence in a criminal trial

11 – 25 things you really do need to know about The Criminal Procedure Rules and the Criminal Practice Directions in 2022 – The Criminal Procedure Rules are not decorative! – The Court of Appeal in R v Smith [2020] EWCA Crim 777

12 – Calling a witness out of turn – see Section 79 of the Police and Criminal Evidence Act 1984

13 – Hearsay considerations at Court – statements being read as opposed to live oral testimony from the mouth of the witness in the witness box

14 – Bad Character considerations at Court – defendants and non-defendants

15 – Seeking to avoid the adverse inferences at trial as a result of the ‘no comment’ interviews at the Police Station

16 – Body cam footage and the 999 call – admissibility issues – Section 118 of the Criminal Justice Act 2003

17 – Some useful things to say in your closing speech

18 – Thinking laterally when dealing with Section 114 (1) (d) of the Criminal Justice Act 2003

19 – Notification by the defence to the prosecution of defence witnesses they propose to call at trial – the time periods and consequences for non-compliance

20 – The triggers for IDPC/Evidence/Disclosure (unused material)

It will be a live session conducted via ZOOM. There is absolutely no requirement for any attendee to have purchased ZOOM. We just send you an email and you click on the link. It could not be simpler.

Anyone wishing to attend this training session (or wishing to have the full set of notes and the recording afterwards without ever attending) should simply email  here: mailto: colin@thelegaleagle.org or ring me (or send me a text) – 07887 842985 and book a place

IMPORTANT

PLEASE LET US KNOW THE EMAIL ADDRESS OF THE PERSON TO WHOM WE SHOULD SEND THE INVOICE IF IT IS TO SOMEONE OTHER THAN YOURSELF

Invoices will be sent AFTER the presentation and the normal terms of business apply i.e. payment within 14 days – the cost for each person attending or purchasing the recording is £50 +VAT – if you have attended the presentation there will be no additional charge for a copy of the recording.