A Guide to Crown Court Trials

When a person is charged with a criminal offence, they will make their first appearance at their local Magistrates' Court. The hearing that is conducted at the Magistrate's court will determine whether the case should be referred to the Crown Court or whether it can be completed at the Magistrates'. In most circumstances, cases will only be referred to a Crown court if they are more serious in nature, or if the offender has a history of committing other crimes in the past.

This guide explains the role of the Crown Court, detailing the types of cases that would be heard by a Crown Court, the process that these trials follow and the responsibility of juries and witnesses in such cases.

Which types of cases will be referred to the Crown Court?

Whether a case is referred to the Crown Court over whether it remains at a Magistrates' Court will depend on the type of offence that has been committed. The more serious offences will be heard at a Crown Court, and less serious cases will remain at Magistrates' Court level. In some cases, the type of offence may be heard in either court.

If an offender pleads guilty when they first appear in court, they may be sent immediately to the Crown Court for sentencing, depending on the nature of their offence and how serious it is.

If the accused pleads not guilty or they indicate that they are likely to issue a not guilty plea, the Magistrates' Court will decide whether they think that they can hear the case or whether it would be better suited to a referral to a Crown Court. If the case is referred, the accused will appear at a Crown Court shortly afterwards.

Crown Court Plea Hearing and Trial Preparation

The initial hearing at a Crown Court is to hear the plea of the defendant. This is the time where the charges against the accused are confirmed, and a plea of guilty or not guilty will be requested.

If the defendant pleads ‘not guilty', the court will set out the next steps for trial. This will include confirming the dates for the prosecution evidence to be prepared as well as any other issues that the court deems appropriate. The court will then either set a fixed date for the trial to commence or will submit the case to a ‘warned list' which is outlined below.

If the case is set to have a fixed date trial start, the defendant will know exactly when their trial will commence. Once the trial starts, it will run until it has been heard in full and a conclusion has been reached.

Crown Court ‘Warned List'

A ‘warned list' is used by a Crown Court as a list of backup cases that can be called if another trial cannot go ahead. When a case is added to the ‘warned list', the court can call it for hearing at any time during a set period, if required. The usual set period is two weeks but this can vary between courts, and the court will make it clear how long the case will remain on the ‘warned list' at the time of adding it.

If a case is called up from the warned list, the defendant will usually receive notice that their trial will begin on the working day before it is due to start. This means that the defendant must remain available for the two week period. If the case is not heard during the two week period on the warned list, it will be entered into the next available position on an upcoming warned list. This will continue until the case is called.

Juries in a Crown Court Trial

When a case is heard at a Crown Court, it will be heard by a jury. The jury is made up of twelve people who will determine whether they believe the defendant is guilty or not guilty, once they have listened to all of the available evidence. There will also be many other people present at the Crown Court, including the prosecution team, defence team and a judge.

It will be up to the judge to supervise proceedings and to make ruling where necessary. The ruling will be made to help the jury fulfil their role, but they will not be used to help to decide whether the accused is guilty or not.

A jury for a Crown Court trial is made up of twelve members of the public who have been chosen at random. The jurors will come from any walk of life and will only be able to perform their role if they do not know the defendant - if it transpires that the defendant is known to any member of the jury, that member will be immediately removed and replaced. This is to ensure the defendant receives a fair trial.

Crown Court Trial Processes

When the trial begins in a Crown Court, the Judge can make rulings relating to any legal arguments that are put forward by the defence or prosecution. This is the first step in the trial, and once it is complete, the jury can be selected.

The prosecutor will commence the case by giving details to the jury about the allegations made against the defendant. The information that is given by the prosecutor does not act as evidence and is only used for informative purposes.

There will be various pieces of evidence that are presented to the jury in a Crown Court trial. Witness evidence relates to statements that are made by witnesses who saw, heard or had a connection to the alleged offence. Witness evidence may also come from a police officer who investigated the case.

The prosecutor will invite all witnesses to explain their version of events to the jury. If the defence does not agree with any of the statements made by the witness, they can ask questions. This process is referred to as ‘cross-examination', and if there are any other accused people, their legal representatives will also be able to cross-examine the witness.

If there is any available CCTV that shows the crime being committed, this will be played to the jury. Likewise, any material evidence or pictures may be presented to the jury to help them to decide whether they think the defendant is guilty or not.

Once the prosecuting team have made their case and presented all of their evidence, the defence team will be invited to argue a case on behalf of the defendant. This is the opportunity for the defence to present evidence that counters what has already been seen, to highlight a lack of evidence or to suggest that any evidence presented by the defence is weak. If the judge agrees with the defence team, the trial can potentially be brought to an end at this point, in which case the defendant would be released.

Defence in a Crown Court Trial

If the defence is unable to persuade a judge that the prosecuting evidence is weak or unreliable, the trail will continue. The defence case will be presented to the court and this may include evidence from the defendant. A defendant cannot be forced to speak in court, but if they enter the witness box to give evidence, they will be asked questions by their barrister. After the barrister has asked questions, the prosecution team, will be entitled to cross-examine the defendant.

If a defendant opts against giving evidence in a court, the judge is likely to tell the jury that they can consider the defendant's choice not to stand when they decide whether they are guilty or not guilty.

If the defence team has any witnesses that can help support the defendant, they can call them to the witness box. Again, defence witnesses will be asked questions by the defence barrister and can then be cross-examined by the prosecution team.

Once all evidence has been presented, the legal advocate from both sides will make a closing speech. This speech is made to the jury and is used to try to further highlight the case for prosecution or defence. The prosecution barrister will deliver their speech first, followed by the defence. Both sides will attempt to raise arguments to the jury that make them agree with their side.

The Judge will then ‘sum up' the case by summarising the trial to the Jury. The judge will use this opportunity to inform the jury of the applicable laws relating to the case and will remind them of the most crucial pieces of evidence that have been presented in the trial.

The Judge will tell the jury that they will only be able to find the defendant guilty of the crime that they are accused of if they are convinced ‘beyond reasonable doubt' that the defendant is guilty.

Jury Decision Making at a Crown Court Trial

The judge will then release the jury to a private room for them to discuss the trial in depth and to talk among themselves about whether they believe the defendant is guilty or not guilty. Only the jury are entitled to partake in these discussions, and their conversations cannot be interrupted by anyone - even the judge and barristers.

The Jury will decide amongst themselves as to whether they believe the defendant is guilty or not guilty of the offences that they are alleged to have committed.

It is usual for the judge to require that all twelve of the jurors have to be in agreement as to whether the defendant is guilty or not and this is referred to as a ‘unanimous decision'. However, if it is not possible for the jury to all agree on the verdict, the judge may accept a ‘majority verdict', whereby a minimum of ten jurors must agree with whether the defendant is guilty or not guilty.

If the jury is not able to reach a majority verdict, where at least ten jurors agree, this will result in a ‘hung jury'. The judge may then demand that the trial is repeated in front of a new jury.

Once a decision has been reached by the jury, either unanimously or as a majority verdict, the jury will return to the court. The judge will ask the foreman of the jury to confirm whether a unanimous or majority decision has been reached and will then ask for the verdict of guilty or not guilty for each of the counts against the defendant.

Sentencing Following a Crown Court Trial

If the defendant is found guilty on at least one count following a trial at the Crown Court, the Judge will then be responsible for sentencing them. The sentence refers to the penalty or punishment that will be imposed on the defendant.

The judge may issue the sentence shortly after the guilty verdict is reached or may adjourn to consider the most suitable sentence. An immediate decision on sentencing is more likely if the crime or crimes that the defendant has been found guilty of are serious.

If the judge decides to adjourn in order to review reports before making a decision relating to sentencing, the defendant will either be remanded in custody or released on bail. The sentencing hearing will usually follow within three weeks.

What happens after a Crown Court Trial?

Once a trial has been completed in a Crown Court, the defendant will be found either guilty or not guilty. If they are found not guilty of committing the crime that they have stood trial for, they will be issued with a discharge from the court, the case will be concluded, and the defendant can return to their normal life.

However, if the defendant is found guilty of the criminal offence for which they have stood trial, the court can either issue them with their sentence immediately or can adjourn to sentence at a later date. If the court adjourns, they will prepare a pre-sentence and may choose to review a number of additional reports that are compiled by the probation service. These reports are used to help determine the most appropriate sentence.