Episode 8 - Prosecution Case Part 1 - Examination-in-Chief, Coming Up to Proof, Ministers of Justice

As the trial gets underway, the prosecution calls Finn Hawkins to give evidence, the first witness in the case against our three defendants, Aidan Johnson, Bianca Jones & Conor Williams, all of whom are accused of murdering 23 year old Daniel Clarke outside Bradley's Nightclub in the early hours of Saturday morning in late January. In this episode we follow the questioning by the prosecution of Finn Hawkins. And in this episode, we delve into trial advocacy: What exactly is examination-in-chief? What does it really mean not to lead a witness? What does it mean to ‘come up to proof’ and how do you elicit evidence from a forgetful or hostile witness? And, as we’ll find out, prosecution witnesses can say something that might surprise you. Finn Hawkins is no exception, and his new evidence will give the jury - and all the barristers - food for thought. As we move through the trial, we also look at the duties of a prosecution barrister and what it means to be ‘a minister of justice’, as well as the rules on when the defence can make an opening speech in a criminal trial. We know that our three defendants have a barrister and solicitor representing each of them, but who exactly represents each prosecution witness? As ever, thank you for listening. I very much hope that you enjoy this episode. NOTES Throughout this podcast I have referred to legislation, cases and to further information and reading. Please refer to the links in the Legal Notes below to access this information yourself. You will also find a list of the characters in this podcast below to help you. 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 Defence Barristers - Gabriella Hadden - representing Aidan Henry Irwin - representing Bianca Ivy Jewell - representing Conor Defence Solicitors - 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) LEGAL NOTES Defence Opening Speech - Criminal Procedure Rule 25.9(2)(g) - When the defence can make an opening speech in the Crown Court https://www.legislation.gov.uk/uksi/2020/759/rule/25.9/made Prosecution Duties - Farquharson Guidelines: the Role of Prosecuting Advocates https://www.cps.gov.uk/legal-guidance/farquharson-guidelines-role-prosecuting-advocates Treasury Counsel https://www.cps.gov.uk/cps/treasury-counsel Memory Refreshing - s.139 of the Criminal Justice Act 2003 - Refreshing the memory of a witness https://www.legislation.gov.uk/ukpga/2003/44/section/139 Hostile Witnesses - s.3 of the Criminal Procedure Act 1865 - Cross-examining your own ‘hostile’ witness during examinination-in-chief https://www.legislation.gov.uk/ukpga/Vict/28-29/18/section/3 Eye Witnesses - R v Turnbull [1977] QB 224 - Turnbull Guidelines on CPS website https://www.cps.gov.uk/legal-guidance/identification#:~:text=The%20Court%20of%20Appeal%20in,the%20quality%20of%20the%20identification. 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. CONTACT Email: podcast@defence-barrister.co.uk X https://twitter.com/defencebar Instagram https://www.instagram.com/defencebar/ COPYRIGHT Music and content created and recorded by Chris Kessling © 2024. All rights reserved. External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence - https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/