Episode 6 - Witnesses, Evidence, Proof

As Aidan, Bianca and Conor head for trial at the Crown Court on a charge of murder, the prosecution and defence are preparing their cases. In this episode, we focus on evidence, and the potential problems with evidence when putting a case together. How does the prosecution prove a case to the criminal standard of proof, and how do they go about building a case which is strong enough to convince a jury to convict? What exactly does a prosecution case consist of? The next hearing before trial will be the PTPH (or Plea and Trial Preparation Hearing), which is the main case management hearing at the Crown Court, when the indictment is put to the defendants and where the judge gives directions to ensure that both the prosecution and defence are ready for trial. Not only do we look at how the prosecution builds a case, but we also start to look at how the defence prepares. How do they approach their task of defining the defence, and preparing to undermine the prosecution evidence to such an extent that the jury will find a defendant not guilty of the crime they are charged with. During this episode and when the trial gets underway, we’ll find out. And what happens if a defendant or prosecution witness has previous convictions or some other troubling past? We’ll look at this too - at what is known as Bad Character evidence - and the implications it can have for a case going to trial. What approach should be taken when a witness is unwilling to attend court, or becomes so unreliable that it would be dangerous to call them as a witness? What are Special Measures and how are they used to help witnesses give evidence? And is it possible to introduce a witness’s written witness statement at trial when you cannot get that witness to court? This introduces the Hearsay Rule, but like with most rules, there are exceptions. As we will find out, there’s more than a few witness problems in this case and, by the end of this episode, we’ll discover why the prosecution have at least one very good reason to be concerned. NOTES - CHARACTERS Defendants - Aidan Johnson - (visually described at the scene as white, dark hair and a pink shirt) Bianca Jones - (visually described at the scene as white, slim, wearing a green top and with long dark hair) Conor Williams - (visually described at the scene as black, short hair, white t-shirt and stocky build) Prosecution Barrister - Keith Lowe Barristers for the defendants - Gabriella Hadden - representing Aidan Henry Irwin - representing Bianca Ivy Jewell - representing Conor Solicitors for defendants - Georgina Hale - representing Aidan Holly Ibsen - representing Bianca Ramesh Jayanshankar - representing Conor The deceased - Daniel Clarke - (visually described as having bright blond hair and dark clothing) Main Prosecution witnesses - Ethan Green (friend of Daniel Clarke) Finn Hawkins (friend of Daniel Clarke) Unused Material Witnesses George Ingram (nightclub security) Harvey Jenkins (nightclub security) LEGAL NOTES Links to statutes and other material referred to in this podcast: PTPH - Criminal Practice Directions 2023, 5.2 Case progression and trial preparation - https://www.judiciary.uk/wp-content/uploads/2023/04/Criminal-Practice-Directions-2023-1.pdf PTPH forms (versions for a single defendant or for cases involving multiple defendants) https://www.gov.uk/government/publications/plea-and-trial-preparation-hearings-ptph-for-1-to-5-defendants Written witness statements - s.9 of the Criminal Justice Act 1967 - Proof by written statement https://www.legislation.gov.uk/ukpga/1967/80/section/9 Criminal Procedure Rule 16.2 - Content of written witness statement https://www.legislation.gov.uk/uksi/2020/759/rule/16.2/made Template - a blank s.9 statement https://www.gov.uk/government/publications/written-witness-statement s.89 of the Criminal Justice Act 1967 - offence of providing a false witness statement https://www.legislation.gov.uk/ukpga/1967/80/section/89 Hearsay - s. 116 of the Criminal Justice Act 2003 - Admissibility of hearsay evidence where a witness is unavailable https://www.legislation.gov.uk/ukpga/2003/44/section/116 Application to rely on hearsay evidence https://www.gov.uk/government/publications/notice-to-introduce-hearsay-evidence Bad Character - s.98 of the Criminal Justice Act 2003 - meaning of Bad Character https://www.legislation.gov.uk/ukpga/2003/44/section/98 S.112 of the Criminal Justice Act 2003 - meaning of ‘misconduct’ https://www.legislation.gov.uk/ukpga/2003/44/section/112 s.101 of the Criminal Justice Act 2003 - Applying to introduce the Bad Character of a defendant https://www.legislation.gov.uk/ukpga/2003/44/section/101/enacted Application form to introduce a defendant’s Bad Character https://www.gov.uk/government/publications/notice-to-introduce-evidence-of-a-defendants-bad-character R v Hanson [2005] EWCA Crim 824 https://www.bailii.org/ew/cases/EWCA/Crim/2005/824.html s.100 of the Criminal Justice Act 2003 - Applying to introduce the Bad Character of a non-defendant (such as a witness) https://www.legislation.gov.uk/ukpga/2003/44/section/100/enacted Application form to introduce a non-defendant’s defendant’s Bad Character https://www.gov.uk/government/publications/application-to-introduce-evidence-of-a-non-defendants-bad-character Special Measures - Chapter 1 of the Youth Justice and Criminal Evidence Act 1999 - Special Measures for young, vulnerable or intimidated witnesses https://www.legislation.gov.uk/ukpga/1999/23/part/II/chapter/I Special Measures Application Form https://www.gov.uk/government/publications/application-for-a-special-measures-direction ADDITIONAL READING - DEFENCE-BARRISTER.CO.UK For additional detailed reading on many aspects of what is covered throughout this series, please go to Defence-Barrister.co.uk https://www.defence-barrister.co.uk written by Chris Kessling, Criminal Barrister. PLEASE NOTE: It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to: Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice. I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor. Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court. The story, all names, characters, and incidents portrayed in this podcast are fictitious. No identification with actual persons (living or deceased), places, buildings, and products is intended or should be inferred. Thank you for your understanding. 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