1 / 11

CRIMINAL BAR ASSOCIATION

Anita
Download Presentation

CRIMINAL BAR ASSOCIATION

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

    1. CRIMINAL BAR ASSOCIATION TRIAL ADVOCACY ANDREW EDIS QC FOR THE CROWN DAVID ETHERINGTON QC FOR THE DEFENCE

    3. Evidence in Chief AE Admissions/Hearsay/Bad Character Schedules Vulnerable witnesses Hostile witnesses Forgetful witnesses Expert witnesses Phones Interviews

    4. Cross-Examination by Defence DE The Purpose of Cross-Examination I: testing the evidence The Purpose of Cross-Examination II: putting your case The best preparation for cross-examination: the dangers of assumption The length of cross-examination: when to sit down Cross-examination of vulnerable and young witnesses: keep it simple

    5. Legal Submissions DE The Tactical Decision: Winning the Case v. Losing the Judge and Jury Skeleton Arguments Authorities Importance of the Judgment. How to best assist the Judge deliver a “bullet-proof” decision.

    6. Defendant in Chief (& Defence Witnesses) DE Why are you calling the evidence? The impact of adverse inferences Assessing the approach needed – what can your client say; what will his evidence achieve? The “Barbara Woodhouse” test: walkies! How to deal with any obvious weaknesses in the Defence case.

    7. Cross–Examination of Defendant AE Establish precisely how much of your factual case is admitted Section 34 Are we going to hear from your mother? Are we going to hear from your expert? Lies Defence Statement Bad Character

    8. Prosecution Closing Speech The elephant trap (also known as “the Judge’s written directions”) Enjoy yourself Be brief: decide how long you need to be and do not take any longer Section 35: how much can you say? Bring your ear plugs

    9. Defence Closing Speech DE Identifying the real issue: choosing your battlefield Capitalising on any prosecution errors Remember the Onion & PEEL IT Imagery Avoiding irony Working with the jury: detail matters Fuelling that nagging doubt

    10. SUMMING UP AND VERDICT Listen to the Summing Up If there is a conviction, both counsel have a responsibility to ensure that the court passes a lawful sentence and is aware of SC Guidelines, guideline cases of the CACD A-G’s Guidance (watch for derogatory mitigation) but always:-

More Related