Friday, January 8, 2010

What can defense lawyers object about in a magistrate court?

Exactly the same things they'd object to in any other criminal court. For example:


- Admissibility of evidence (Hearsay, expert evidence from a non expert witness, PACE issues etc)


- Prosecution conduct in court (leading questions to prosecution witnesses, witness badgering, questioning on irrelevant issues etc)


- Prosecution conduct before trial (e.g. failure to give notice of evidence, abuse of process)





Most of these issues will not be dealt with as ';objections'; as the evidence is given but will have been raised and decided before trial or agreed between the lawyers. ';Objections'; will only occur if something goes wrong e.g. if the witness gives inadmissible evidence unprompted, or the lawyer forgets what was decided before hand and asks the wrong question.





If there are really substantial issues of evidence and a not guilty plea, the defendant is likely to be advised to elect jury trial because then admissiblity will be dealt with by a learned Judge, rather than a district judge or even the clerk of the court and 3 lay magistrates.





Objections in the English courts system are not nearly so energetic as they appear on American television. Lawyers are taught to stand up and politely interrupt with words such as ';Sir, while I hesitate to interrupt m'learned friend, that is the *third* leading question he has asked this witness....'; At which point the judge will tell the erring learned friend to re-word his question...What can defense lawyers object about in a magistrate court?
Unless there are special rules for a certain magisterial court, the court operates exactly like it was before a judge. As such, a defense attorney can make all of the same objections as before a full fledged judge.
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