Episode 7 - Trial - R v Aidan Johnson, Bianca Jones and Conor Williams
Today Aidan, Bianca and Conor face trial in the Crown Court on a single count of murder.
After the end of Episode 6, Ethan Green - a vital prosecution witness - is now in a bit of bother himself, which causes more than a few problems for our prosecution barrister - Keith Lowe - in deciding how to proceed. But Ethan Green will soon be facing even greater problems himself.
Join our solicitors Georgina Hale (for Aidan), Holly Ibsen (for Bianca) and Ramesh Jayanshankar (for Conor) as they work with our barristers Gabriella, Henry and Ivy to put the finishing touches to the defence cases.
What is a Defence Statement? What does it contain and how does it differ from a defendant’s proof of evidence? As the case moves forwards, we discover that a defence is only as good as the information available to support it.
And who decides on the defence - the client, the solicitor or the barrister? Does it really matter whether a lawyer believes in their client’s innocence? Find out in this episode.
What are custody time limits? How long can a person remanded in custody be held before trial? Can these time limits be extended and what happens if they expire?
Join us in court as the jury are sworn in, ready to hear the trial of Aidan, Bianca and Conor. What will the judge say to the jury and what warnings will they receive? Is it possible to object to a juror, or is it just a question of getting what you are given?
And today the case starts. Listen as the prosecution barrister - Keith Lowe - opens the prosecution case to the jury, the start of the murder trial against Aidan Johnson, Bianca Jones and Conor Williams.
By the end of this episode, you’ll have a good idea of the impact of the case on all of them, and - in truth - this is just the beginning.
NOTES
Criminal cases backlog -
HM Courts & Tribunals Service - backlog of cases November 2023
https://www.gov.uk/government/statistical-data-sets/hmcts-management-information-november-2023
Custody Time Limits -
s.22 of the Prosecution of Offences Act 1985 - Custody Time Limits
https://www.legislation.gov.uk/ukpga/1985/23/section/22/enacted
s.43 of the Crime and Disorder Act 1998 (amendments to s.22 above)
https://www.legislation.gov.uk/ukpga/1998/37/section/43
Prosecution of Offences (Custody Time Limits) Regulations 1987 (SI 1987 No. 299) (these contain the applicable time limits) https://www.legislation.gov.uk/uksi/1987/299/contents/made
s.25 of the Criminal Justice and Public Order Act 1994 (No bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences)
https://www.legislation.gov.uk/ukpga/1994/33/section/25
Manchester Crown Court, ex parte McDonald [1998] EWHC 319 (Admin), Lord Bingham CJ. (The approach to extending Custody Time Limits) https://www.bailii.org/ew/cases/EWHC/Admin/1998/3532.html
Representing clients -
Bar Code of Conduct - Part 2 Rule C15 - barristers acting in the best interests of their clients
Defence Statements -
s. 6A of the Criminal Procedure and Investigations Act 1996 - Contents of a Defence Statement
https://www.legislation.gov.uk/ukpga/1996/25/section/6A
Rule 15.4 Criminal Procedure Rules (Defence Statements) https://www.legislation.gov.uk/uksi/2020/759/rule/15.4/made
Defence Statement Form (template) https://www.gov.uk/government/publications/defence-statement
Defence Witnesses -
s.6C of the Criminal Procedure and Investigations Act 1996 - Notification of Defence Witnesses
https://www.legislation.gov.uk/ukpga/1996/25/section/6C
(see also rule 15.4 Criminal Procedure Rules above)
Defence Witnesses Notice (template) https://www.gov.uk/government/publications/defence-witness-notice
Adverse Inferences -
s.11 of the Criminal Procedure and Investigations Act 1996 - Adverse inferences from Defence Statements and Defence Witness Notices https://www.legislation.gov.uk/ukpga/1996/25/section/11
Witness Summons and Arrest -
s.2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 - Issue of a Crown Court Witness Summons
https://www.legislation.gov.uk/ukpga/1965/69/section/2
s.4 of the Criminal Procedure (Attendance of Witnesses) Act 1965 - Warrant of Arrest for Unwilling Witness
https://www.legislation.gov.uk/ukpga/1965/69/section/4
Witness Summons form https://www.gov.uk/government/publications/form-n20-witness-summons
The Jury -
Crown Court Compendium Part 1, Chapter 2 (Jury Management); Chapter 3 (Trial Management) https://www.judiciary.uk/guidance-and-resources/crown-court-compendium/
‘Your Legal Responsibilities as a Juror’ (A Notice given to all Jurors) https://assets.publishing.service.gov.uk/media/5fbe9ee0e90e077ed7351b0a/j001-eng.pdf
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
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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.
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