It’s a looong time since I followed a UK trial; is the format generally
Prosecution submit evidence chronologically, where that is uncontested, that can be done via statement.
If a witness appears in person, the defence can question them after the prosecution has lead them through the evidence.
Can the Prosecution summon the defendant as a “witness” or is he classed as a defence witness and can only take the stand if the defence decide that he’s not going to harm their case in which case the defence attempt to pick holes in recorded testimony such as police interviews?
I blame watching US court scenes for my confusion!
ETA so if above correct, the police CCTV man could be first to be cross-examined by defence? What would they try and throw doubt on?
I wasn't a trial lawyer - but here are my best answers and hazy recollections
1. Typically there are a large number of exhibits which are just placed or read into evidence uncontested. Examples are things like mobile records, proof of car ownership etc etc. In general the prosecution must present the entire factual chain of evidence, even where the defence intends to accept numerous aspects.
To speed up trial process, numerous aspects are agreed in advance - this removes the need to argue about basic facts. So for example, even though PR admits it, the prosecution still needs to prove PR was the owner, and driver of the car in question. So they might produce the certificate from the relevant authority showing who is the owner of the car with the relevant registration for example. This evidence can just be entered into the record - the defence doesn't challenge it. Also because PR admits he was in fact the driver, there is no need for a witness on this point.
2. Where a witness is called for direct testimony, the other side can then cross examine, and then comes redirect (if necessary)
3. The accused cannot be compelled to testify by the prosecution (right to silence).
The danger of the accused testifying in this instance, is his version will be cross examined, based on his inconsistent prior statements. One of the challenges for the defence, is without testimony from the accused, they have no way of advancing a version, as only PR was present in the last moments of Libby's life.
4. I don't really think the CCTV itself will be challenged directly. Rather, the defence will try to claim other explanations for what is seen.