Opening submissions (oral) – usually only in HC jury trials
- DC criminal trial: opening is written
- Magistrates: no opening (the brief facts are the prosecution’s opening)
If you turn up earlier check the actual court list to ensure your case is still on the list
sometimes your case may be moved to another court
When you see police cases, turn up early
You need to fill in an attendance form, to be submitted to the clerk
then the clerk will know this case is represented by lawyer
instructing are usually late: they don’t fill in the form for you (fill out section B and C)
Private cases have priority in court allow them to go first before duty lawyer case
Be nice to the administrative clerks:
Never upset the clerk (befriend your clerk)
Interpreter (reads out the charge sheet, interprets what should said to the client)
Fresh cases: you don’t have the case number yet, talk to the prosecutor (you need to find out
who is responsible for your case)
Can you give me the case number?
Can you give me the set of most updated brief facts?
Ask are you going to object?
Assume client is on bail
First appearance: usually just ask adjournment (preserve the 1/3 discount)
- to receive the papers from the Prosecution in order for the client to seek legal advice
Sir, I appear on behalf of the defendant / corporate defendant (you need a representative from
the company – that person needs a letter authorizing him/her to represent the company (need
a company chop on the letter of authorization), but sometimes you can also represent the
company yourself – you need a letter proving you are authorized to represent the company) /
2nd defendant
(no need to introduce your name: the court has your attendance form)
Sir / Madam: don’t say “sir or madam”
Your Worship excessively religious (but outdated now)
Your case has multiple defendants
I appear for 1st Defendant / 2nd Defendant …
Listen carefully to what the interpreter says: sometimes the interpretation = so quick, there
may be wrong interpretation
Sometimes: your plea may not be only restricted to Not Guilty / Guilty
e.g. charge = trafficking in DD (this is a charge with a lesser alternative) // your plea: guilty
to possession of DD, not guilty to trafficking in DD
brief facts – prepared by police
summary of facts – prepared by DOJ counsel (prosecutor)
Your client’s recollection of his criminal records: may not be accurate
You should get the criminal records of your client from the prosecution, and then check with
your client
Magistrates sentences the D, gives brief “reasons for sentence” or adjourns for seeking
reports
e.g. when you want to apply for a ONE bindover
- there might be alternative methods of disposal of this case, so I am seeking an adjournment
time to make representations to the DoJ
plea bargain: e.g. PG to two, ask for withdrawal of the third charge
- taking a certain course:
- I would like to explore other possibilities with DoJ which may shorten the matter / so that
the matter doesn’t have to go to trial
There is something that I must explore with the DoJ
NPS: non-prejudicial statement (i.e. assistance to authorities) the vaguer the words are
used, the better it is
If you want an early break:
Sir, I note the time, I am not going to finish with this witness before the lunch break,
perhaps we will come back after lunch
At this juncture in time,
I am about to move on to a new topic, I won’t be finishing within 10 mins
Judicial interventions:
The judge wants more information about a particular aspect of the case the court may
ask
If you don’t know the answer for the judge’s question, ask to put the case down and take
further instructions
** Questions from the bench MUST BE ANSWERED it shows what the bench is
thinking an indicator of what you should drill
Take the hint from the bench’s questions
- e.g. the court already gets your point move on
65B proof by written statement not conclusive evidence
65C proof by admission conclusive evidence
you don’t have to admit anything, when in doubt, leave it out
otherwise, if you admitted & later wants to withdraw the admission
65C at trial will also apply at re-trial if someone does the first trial, then you do the re-
trial, your hands are tied
Admitted facts = first draft prepared by prosecution you need to check it and check it with
the defendant
Green
Is
De minimis prosecution case to stand
- Importance of NCTA submissions (halfway / half-time submissions)
- if you are making a submission on no case: sometimes it succeeds!
- still got to be done
Galbraith – not what the judge thinks what a reasonable jury would do
The judge: I find a bare case to answer i.e. satisfy case to answer, but not BRD
they you can tell the client not to testify
Putting your client in the witness box – most dangerous thing that could happen
If there is a possibility of getting through the case without your client testifying then this is
the best situation
But there are some occasions that your client has to go into the box
Voir dire –
Alternative procedure:
- call the PWs in order (usually: call the civilians first – they have other stuff to do in the day)
- deal with the voir dire thing when the relevant evidence comes up
Special issue: taking of the cautioned statement
- much more likely to put the client in the box
- because most of that evidence given by your client will not be admissible on the general
issue
Generally, for the special issue, the client will go in the box
- if the client is disbelieved on the special issue you are less likely to put them on the box
in the general issue
unless there is a glaring issue on the general issue that must require the explanation from
your client
You need to take note of EIC, XXN
why the statement should be rule out
Exhibit management
o important if you are fiat counsel / prosecution counsel
o your police officer, your investigating officer have the exhibits
o always look at the originals the police give you B&W copies that can’t clearly show
what’s on it (if you are the defence counsel, you have the right to look at the originals,
you can ask for it)
o have to make sure they are ready to go (with your investigating officer: if you are the
prosecution counsel // with your instructing solicitor: if you are the defence counsel)
taking on board what your client says: even if what your client says is complete nonsense
nowadays client likes to complain their counsel esp. when they lose
allege the counsel x put their case x try the other strategy
so make sure you get your client sign a set of declarations
Make sure you keep a note of what went on (this will be contemporaneous record)
esp. whenever you need to persuade the client to take a certain approach
Consult your chamber mates regarding a potential instructing solicitor / firm:
Do they pay?
Do they pay on time?
Do they do anything fishy?
Don’t get into trouble, don’t get a bad reputation
Trial Ad assessment: usually start at 3pm and ends at 8pm
(not 9am-9pm)
