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Defence Barrister Podcast
Chris Kessling
27 episodes
2 days ago
How does the criminal justice system really work? From the police station, to trial, sentence and all the way to appeals, criminal barrister Chris Kessling takes you through the world of the criminal courts in England & Wales. Using real case examples, this podcast will enable you to navigate the criminal courts yourself and fully understand how they operate in practice. If you are accused of a crime, are a victim of crime, or are going to court as a witness - if you want to know the details of what to expect at trial, sentencing or the appeals process - this weekly podcast will bring the whole court system to life. Backed up by the hugely popular Defence-Barrister.co.uk website, the criminal justice system will never have been made so clear.
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True Crime
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How does the criminal justice system really work? From the police station, to trial, sentence and all the way to appeals, criminal barrister Chris Kessling takes you through the world of the criminal courts in England & Wales. Using real case examples, this podcast will enable you to navigate the criminal courts yourself and fully understand how they operate in practice. If you are accused of a crime, are a victim of crime, or are going to court as a witness - if you want to know the details of what to expect at trial, sentencing or the appeals process - this weekly podcast will bring the whole court system to life. Backed up by the hugely popular Defence-Barrister.co.uk website, the criminal justice system will never have been made so clear.
Show more...
True Crime
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Episode 12 - The Final Word - Closing Speeches
Defence Barrister Podcast
1 hour 3 minutes 20 seconds
1 year ago
Episode 12 - The Final Word - Closing Speeches
The murder trial of Aidan Johnson & Conor Williams continues. We have now reached the penultimate stage of the trial - closing speeches by the prosecution and the defence - where each advocate will pull together the strands of the evidence and seek to put together a compelling argument with the intention of finally persuading the jury to reach what they say is the correct verdict. As we will discover, at the heart of a closing speech is good advocacy - the power of persuasion, the ability for each side to make a closing argument when each side has precisely the same material to work from. When are the prosecution and defence entitled to make a closing speech? And when making one, does anything go, or are there restrictions on what an advocate can say? Listen on to find out. As you listen to the closing speeches in this episode, you might want to place yourselves in the position of the jury, and if you have followed this case from the outset, to put to one side everything you know about this case that the jury has not heard, remembering that all the jury know is from the evidence that has been presented to them. How convinced, or otherwise, are you by the closing speeches you hear? Will the prosecution barrister, Keith Lowe, persuade you that either or both the defendants are guilty, and will the defence barrister Gabriella Hadden (for Aiden) persuade you that there is a reasonable doubt in his case, such that you are simply not satisfied so that you are sure of guilt, and your verdict will be Not Guilty. And after this episode, we will be moving ever closer to the final outcome, to Ivy Jewell’s closing speech for Conor Williams, followed by the judge’s summing-up of the facts and his directions on law to the jury, and from there to the stage when the jury retires to consider its verdict. After that, Aidan and Conor can only wait to hear what their ultimate fate will be. As ever, thank you for listening. NOTES Throughout this podcast I have referred to legislation, cases and to further information and reading. Please refer to the links in the Legal Notes below to access this information yourself. You will also find a list of the characters in this podcast below to help you. CHARACTERS Defendants - Aidan Johnson - (visually described at the scene as white, dark hair and a pink shirt) Bianca Jones - (visually described at the scene as white, slim, wearing a green top and with long dark hair) Conor Williams - (visually described at the scene as black, short hair, white t-shirt and stocky build) Prosecution Barrister - Keith Lowe Defence Barristers - Gabriella Hadden - representing Aidan Henry Irwin - representing Bianca Ivy Jewell - representing Conor Defence Solicitors - Georgina Hale - representing Aidan Holly Ibsen - representing Bianca Ramesh Jayanshankar - representing Conor The Deceased - Daniel Clarke - (visually described as having bright blond hair and dark clothing) Main Prosecution witnesses - Ethan Green (friend of Daniel Clarke) Finn Hawkins (friend of Daniel Clarke) LEGAL NOTES Closing speeches - Criminal Procedure Rule 25.9(2)(j) - when the prosecution can make a closing speech - and Criminal Procedure Rule 25.9(2)(k) - defence are always entitled to make a closing speech https://www.legislation.gov.uk/uksi/2020/759/rule/25.9/made Ekaireb [2015] EWCA Crim 1936 - in this case the Court of Appeal was critical of a practice of personal criticism being made of opposing advocates in closing speeches and made clear that such practice would not be tolerated. https://www.bailii.org/ew/cases/EWCA/Crim/2015/1936.html ADDITIONAL READING - DEFENCE-BARRISTER.CO.UK For additional detailed reading and further information 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 Email: podcast@defence-barrister.co.uk X https://twitter.com/defencebar Instagram https://www.instagram.com/defencebar/ 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 -https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/
Defence Barrister Podcast
How does the criminal justice system really work? From the police station, to trial, sentence and all the way to appeals, criminal barrister Chris Kessling takes you through the world of the criminal courts in England & Wales. Using real case examples, this podcast will enable you to navigate the criminal courts yourself and fully understand how they operate in practice. If you are accused of a crime, are a victim of crime, or are going to court as a witness - if you want to know the details of what to expect at trial, sentencing or the appeals process - this weekly podcast will bring the whole court system to life. Backed up by the hugely popular Defence-Barrister.co.uk website, the criminal justice system will never have been made so clear.