When a case goes to trial, it involves a structured legal process aimed at determining whether the defendant is not guilty or guilty of the offence charged. Trials can take place in either the Magistrates’ Court or the Crown Court, with each court handling different levels of offence or complexity. This article breaks down the trial process, looking at what happens at each stage in both courts.
What are the key pre-trial procedures in UK criminal cases?
Before a case goes to trial in either the Magistrates’ Court or Crown Court, key steps are taken to prepare a case for trial. In a Magistrates’ Court, the defendant attends an initial hearing where charges are read, and a plea is entered. The court then decides whether the case should be dealt with at the Magistrates’ level or referred to the Crown Court.
In the Crown Court, a similar pre-trial process occurs, but it is more detailed, especially for serious charges. A case management hearing will take place and is called a Pre-Trial & Preparatory Hearing (PTPH). This will enable the defence and prosecution to deal with the evidence needed at trial and to discuss legal matters. A trial date will be set, and the Judge will provide directions for the future progression of the case. Pre-trial issues, such as the admissibility of evidence, may also be addressed.
For both courts, disclosure of evidence is crucial. This process ensures both sides exchange relevant information, such as witness statements and physical evidence, to guarantee a fair trial.
Who decides the verdict in a trial?
The verdict is decided by either a judge or a jury, depending on the court and the case type. In the Magistrates’ Court, a District Judge or a panel of three Magistrates decides both the verdict and sentence. This court typically handles less serious offences like theft, common assault or driving offences.
In the Crown Court, the trial is more formal and will take longer. A jury of 12 people decides whether the defendant is guilty or not guilty based on the evidence. A Jury can only convict if they are sure beyond a reasonable doubt. The Judge oversees the trial, ensures legal procedures are followed and, if needed, deals with the sentence if the defendant is convicted. The Crown Court deals with serious offences like murder, rape, GBH or fraud offences.
What happens during the opening statements of a UK trial?
At the start of the trial, it is usual for just the prosecution to deliver an opening speech. This will provide an overview of the case and outline what evidence the Prosecution will use to prove guilt.
It will be made clear to whoever is making the decision that it is for the Prosecution to call evidence to establish the defendant’s guilt beyond doubt.
How is evidence presented and examined in a trial?
In both Magistrates’ and Crown Courts, the prosecution presents its case first, calling witnesses and submitting evidence. Witnesses are examined by the prosecution and cross-examined by the defence, allowing the defence to challenge the credibility of the evidence. In Magistrates’ Court, proceedings are quicker and involve fewer witnesses, while Crown Court trials tend to be more complex, with more witnesses and evidence. The Judge/Magistrates ensures that the evidence is presented lawfully in both courts.
What is the role of cross-examination in a UK trial?
Cross-examination allows the opposing party to challenge evidence and witness credibility. Whether your case is in the Magistrates’ Court or Crown Court, the defence cross-examines witnesses, questioning their recollection or motives. Cross-examination aims to ensure that the defence case is outlined to witnesses and to seek to undermine or discredit the prosecution’s case. The Magistrates or Jury will carefully consider these exchanges when deliberating, and if they are not sure after hearing all the evidence, they must find the defendant not guilty.
How do closing arguments influence the outcome of a UK trial?
Closing speeches summarise the evidence and suggest conclusions that the different sides want you to draw from the evidence. The prosecutor will present arguments to show why the defendant is guilty beyond all reasonable doubt. The defence will present arguments to support the defendant’s case or show why prosecution witnesses are not capable of belief or mistaken in what they say. These arguments are not evidence, rather, they provide both sides an opportunity to summarise their case
What happens after a UK trial?
After all the evidence and closing arguments, the Magistrates or Jury will consider the evidence and competing arguments. In Magistrates’ Court, the District Judge or Magistrates decide the verdict. In Crown Court, the jury returns a verdict of guilty or not guilty. If the defendant is guilty, sentencing follows, either immediately or at a later date. In Magistrates’ Court, magistrates handle sentencing; in Crown Court, the Judge issues the sentence.
If you’re looking for trusted legal support with going to trial, we’re here to help. At Lawtons, our experienced team is ready to guide you through any legal challenges that come with both the Magistrates’ and Crown Court. Contact us today to see how we can help you.
