Trial procedure, plea, evidence presentation and submission of no case
This domain tests the running order of a criminal trial and the precise standard for a submission of no case.
Arraignment and plea
- The charge is read and explained in a language the accused understands.
- If the plea is guilty, the court must be satisfied it is unequivocal and voluntary, then hear the facts and any previous convictions.
- If not guilty, the plea is recorded and the trial proceeds.
- Plea agreements, where used, require court approval and must be free of pressure.
The trial
Prosecution opening; examination-in-chief, cross-examination and re-examination; exhibits tendered with objections ruled on at the point of tender; voire dire on voluntariness of a confession; careful scrutiny of identification evidence; close of the prosecution case.
Submission of no case
At the close of the prosecution the accused may submit no case. The test is whether there is evidence on which a reasonable court, properly directing itself, could convict, not whether the evidence is strong enough to convict. If upheld, the accused is acquitted; if not, the defence opens. The accused may give evidence on oath, call witnesses, or make an unsworn statement. Article 19(10) means there is no compulsion to testify, and silence is not evidence of guilt.
Worked example
The only identification witness says he saw the accused for a few seconds at night from 50 metres. The prosecution also proves the accused ran from a house two streets away. Submission: identification is an essential element, and a fleeting night-time observation at that distance without an identification parade is weak, but if the witness positively identifies and gives a basis, the court will usually call on the defence, because weakness goes to weight. If the witness says only 'I saw someone' and never identifies the accused, there is no evidence on the element and the submission succeeds.
Traps that cost marks
- Arguing weight of evidence at the no-case stage instead of the existence of evidence.
- Failing to object to inadmissible evidence when it is tendered.
- Treating an unsworn statement as evidence on oath.
- Forgetting that a guilty plea still requires the facts to be narrated and admitted.