Originally Posted by An Thropologist:
“OK that makes sense. 'The bundle' is what is exchanged before the trial. I have some recent experience in civil law. As claimants we had to put together 3 copies of our bundle. One for the defendants, one for the court/tribunal and one for us. They had to be identical and numbered the same. We got a copy of the defence bundles several weeks before the hearing.
When we got to court all three 'judges' had copies of both bundles. It was a First Tier Tribunal hearing. Plus there was a copy on the witness stand. So when a reference was made to a particualr item it was the same page for everyone and everyone had the same information.
In our case the matter was settled out of court half way through the first day. But one assumes the tribunal 'judges' would have taken their bundles into the deliberation room with them.”
Very different situation in CRMINAL TRIALS. In Criminal cases before a Judge and Jury, the roles are entirely separate the Judge is the sole arbiter of the law in the case, the Jury are the arbiters of fact.
The evidence that the jury makes its decision on is the evidence that has been introduced in the actual trial and no more or less. Some evidence is legally necessary but uncontraversial (like a statement from a person who owns the stolen property and identifies it when recoered) so the parties can agree to have the statement read out or make an admission about the relevant fact without having to have the witness in court.
Otherwise witnesses have to give their evidence first "in chief" and then it is challenged in cross examination. The jury bases its decision on the WHOLE of that witnesses' evidence on the day of trial but do not see the statement.
Just because someone is CONSISTENT in their account doesn't prove that their account is truthful. INCONSISTENT statements are different and a witness will be challenged as to why their account has changed.
There will be a bundle of statements and paper exhibits that the Judge, the Prosecutor and the Defence will have. They will know what is inconsistent and what isn't so they will be able to make a decision to make a challenge or not.
These bundles are not the same as a Jury bundle. Ordinarily, a JB (at the beeginning of a trial) will contain a copy of the indictment (the charge) and, various pre-agreed documents (if any). As the trial progresses the JB will grow as copies of various exhibits are added to it.
In many trials (like Helen's) there would be little in the JBs even by the end of the case because all the evidence is what has come live from the witnesses' mouths. In others (like frauds) there would be tons and tons of stuff for the jurors to take into the jury room because witnesses would have been producing lots of paper and would be pointing out relevant entries.
ETA sorry about using capitals. Not shouting but this machine is a bit tempremental about letting me bold or italicise stuff for emphasis.