Exclusion of Evidence

Introduction

This chapter takes you through the **conduct of a criminal trial** — both the **summary trial** in the magistrates' court and the **trial on indictment** in the Crown Court. It sets out the **stages of each trial in sequence**, the **submission of no case to answer** under **R v Galbraith [1981]**, the rules on **leading and non-leading questions**, the **competence and compellability** of witnesses (including the **defendant's spouse** under **s. 80 PACE 1984**), the regime of **special measures** under the **YJCEA 1999**, **modes of address** in court, and the **solicitor's duty to the court** under the **SRA Code of Conduct** and **R v Farooqi [2013]**.

Assessment focus

Trial procedure is heavily examined in the SQE1 FLK2 Criminal Practice assessment. You should be able to **order the stages** of a summary trial and a trial on indictment, identify when each party may make an **opening or closing speech**, and apply the **Galbraith** three-limb test to a submission of no case to answer. You must distinguish a no-case submission (**sufficiency** of evidence) from closing submissions (**weight** of evidence). High-frequency single best answer (SBAQ) topics include: the **compellability of the defendant's spouse** under s. 80 PACE 1984 (the 'specified offence' exception); the **two-stage special measures test** and the **single live-link measure** available to defendants; **leading questions** in examination-in-chief versus cross-examination; and the **solicitor's duty not to mislead the court**. This is a closed-book assessment — commit the cases, statutory sections and the majority-verdict numbers to memory.

Study tips

1) Learn the **stages of a summary trial** and a **trial on indictment** in order, noting the **differences** (jury empanelling; no-case submission heard in the absence of the jury; summing up and route to verdict in the Crown Court). 2) Memorise the **Galbraith** three limbs: (i) no evidence = stop; (ii) evidence at its highest cannot support conviction = stop; (iii) **credibility/reliability = leave to the jury**. 3) Learn the **majority-verdict numbers**: 12 jurors = 10–2; 11 = 10–1; 10 = 9–1; **not available with 9 jurors**; after **at least 2 hours 10 minutes**. 4) For **spouse compellability** (s. 80 PACE 1984): not compellable for the prosecution **unless a specified offence** (assault/injury to spouse or a person under 16, or a sexual offence against a person under 16); **former spouse and cohabitee are compellable**. 5) Remember the **only** special measure for a **defendant** is the **live link** (with three qualifying conditions); and that the solicitor's **duty to the court overrides** the duty to the client (**R v Farooqi**).