crown office and procurator fiscal service working together to be the best giving evidence in court...

Crown Office and Procurator Fiscal ServiceWorking Together to be the Best

Giving Evidence in Court

Aileen GordonSenior Procurator Fiscal DeputeCrown Office and Procurator Fiscal Service


To give participants some insight as to how to prepare for court and what to expect when they get there

AIMAIM


Learning OutcomesLearning Outcomes[[

By the end of the course participants will:

Have a better understanding of the criminal court system

Be able to prepare effectively to appear in court

Know more about the process of giving evidence


FormatFormat

Criminal Courts Fatal Accident Inquiries The role of the fiscal The role of the defence Preparing for court Giving evidence Mock trial


THE CRIMINAL THE CRIMINAL COURTS IN COURTS IN SCOTLANDSCOTLAND


SOLEMN SUMMARY

High Court Sheriff and Jury Sheriff JP


THE CROWN THE CROWN OFFICE AND OFFICE AND

PROCURATOR PROCURATOR FISCAL SERVICE FISCAL SERVICE

(COPFS)(COPFS)


The Role of COPFS The Role of COPFS

Investigation and Prosecution of Crime

Investigation of Sudden or Suspicious Deaths

Investigation of Complaints Against the Police


Criminal CasesCriminal Cases

Evidential Issues Burden/standard of Proof Specific issues Age, vulnerability Lack of Corroboration Circumstantial Evidence Forensic Evidence


Forensic EvidenceForensic Evidence

May be positive/negative/neutral Obligations of Disclosure Failure disclose fatal to conviction Significance of forensics? Munro v HMA (HC Appeal

XC271/09) JM v HMA [2012] HCJAC 52


The Role of the FiscalThe Role of the Fiscal

To present the facts (‘The Crown Case’) in a fair and objective manner

To assist the court in delivery of a just verdict/ruling/sentence in the case


The Role of the DefenceThe Role of the Defence

To test/challenge the Crown case To put forward any defence (if so

instructed) To protect the interests of their

client and ensure the have a fair trial


FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY

(SCOTLAND) ACT 1976


Fatal Accident InquiriesFatal Accident Inquiries

Mandatory or Discretionary Mandatory – deaths in

custody/accidents at work Sheriff Court Civil Procedure Interested Parties represented Determination of Sheriff


Preparing for CourtPreparing for Court

Do prepare! Submit/read your report Refresh your memory Access to statement Do not speak to other witnesses Let PF know of any difficulties


Giving EvidenceGiving Evidence

Stay calm Take a deep breath Remain professional Answer the questions asked Don’t ‘answer back’ Do ask for clarification if needed Refer to Productions eg Report


Defence TacticsDefence Tactics

Challenge qualification/experience

Challenge your professionalism Challenge your procedures Challenge your memory Challenge your credibility


ObjectionsObjections

How to react Stop speaking Wait for Guidance Being sent out of room What happens next?


Other issuesOther issues

Multiple accused Re-examination Questions from Judge Stand bys Last minute problems


Final ThoughtFinal Thought

Don’t worry about itYou are not the one on trial!!


PRACTICAL EXERCISE:

MOCK TRIAL


To give participants some insight as to how to prepare for court and what to expect when they get there

AIMAIM


Learning OutcomesLearning Outcomes[[

By the end of the course participants will:

Have a better understanding of the criminal court system

Be able to prepare effectively to appear in court

Know more about the process of giving evidence


Any Questions?

crown office and procurator fiscal service working together to be the best giving evidence in court...

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