The decision whether to admit or exclude evidence lay with the court of trial.

Where a defendant is tried before judge and jury, both have their roles to play and together they constitute the court of trial.

In May 1680 Lawton and two others were empowered to purchase a bell for the colony, to be used for giving notice of the sittings of the assemblies, courts of trial, and general councils.

If the answer turns out to be by a 'dock identification'(i.e. the witness is identified for the first time in court) then it must be remembered that this procedure is potentially so unfair to the accused that the court of trial retains a discretion to prevent it (Horsham JJ., ex p.