Crown Court Trial Procedure and Advocacy
Trial structure
A Crown Court trial proceeds by arraignment, jury selection, prosecution opening, evidence, a possible Galbraith submission, defence case, closing speeches, summing up, and verdict. Advocacy rules: examination-in-chief uses non-leading questions; cross-examination uses leading questions; re-examination clarifies new matters. Ethics require candour and no misleading of the court.
Vulnerable witnesses
Special measures, intermediaries, and ground rules hearings protect vulnerable witnesses. The advocate must not cross-examine beyond what is necessary or harass a witness.
Traps
Galbraith has two limbs: no evidence, or evidence so tenuous that no jury could convict. A hostile witness application is not automatic. A majority direction is a judicial discretion after the jury has had time to deliberate.
Worked example
If the complainant contradicts an earlier statement, apply to treat them as hostile; the court may allow cross-examination on the statement, but the jury must still assess reliability.