Crown court trial procedures

This is done to ensure that the case will still be able to proceed. Potential jurors are advised of the names of the witnesses to the case to ensure that none of the jurors have prior knowledge or a close relationship with them — or anyone else who might be close to the case a relative of a witness, for example. If a potential juror does have a close connection with someone involved in the case they will be excused.

The Crown Prosecutor and the defence barrister are both allowed the opportunity to challenge jurors and if the challenge is valid, the judge will excuse the potential juror. The judge will then instruct the jury, advising them that they will decide the case based upon the evidence presented to them in the court proceedings.

They are told that they can discuss the case among themselves but not with anyone else who is not on the jury. Jurors are not allowed to use social media or the internet, nor are they allowed to speak to anyone outside of court to obtain information about the case or contact witnesses.

Jurors are made aware in advance that if they do any of these things they can face prosecution themselves. The trial commences with the Crown Prosecutor giving their opening speech. The Crown Prosecutor explains what the case is about, including the charges faced by the defendant and the case that the Crown has against the defendant. An indictment is a document that contains the counts or charges that the defendant is facing.

After the prosecution has completed their opening speech, the barrister for the defendant is given the opportunity to address the jury to set out the issues in the case. This is to assist the jury in getting a good grasp on the case as well as any issues disputed by the defence. If the defence declines an invitation to provide a statement of issues as directed by the judge, then the judge may make a direction that the jury is to be provided with the defence statement.

The defence statement must be served by the defence on the Crown counsel and the court early on in the proceedings. The statement sets out the outline of the defence and the aspects of the Crown case that the defendant disputes and the reasons for that position. The judge will then provide further assistance to the jury by informing them about the relevant law and any legal issues they might expect to hear about. The Crown Prosecutor will present their case to the court by calling witnesses and examining them directly while they are under oath.

The first witness will be called, sworn in, or affirmed, and then the direct examination would commence with the witness being asked questions by the Crown. Documents, pictures, or videos can also be put to a witness for identification or clarification. Once identified or clarified, the items can then be entered as an exhibit. With each witness, after the Crown has completed their questions, the defence is allowed to ask their own questions known as cross-examination.

If a witness is fearful of the accused, they may be allowed to give their testimony remotely via video in the courtroom or behind a privacy screen. Should you require specific advice in connection with a real case or situation, please contact us immediately so that we can provide specific advice.

Nick Titchener, director and solicitor advocate of Lawtons, is a dedicated criminal solicitor with considerable experience in legal cases involving sexual offences, violence and assault. Nick also oversees the overall management of Lawtons Solicitors, a specialist firm of criminal law defence solicitors with branches across London, Hertfordshire, Bedfordshire and Essex.

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In Brief Crown Court is where the most serious offences are heard, and these can include either way or indictable only offences. Which cases go to the Crown Court? What is a plea and trial preparation hearing? When will Crown Court listed cases be held? What are the Crown Court trial stages of procedure? What happens after a Crown Court trial? About the author Nick Titchener, director and solicitor advocate of Lawtons, is a dedicated criminal solicitor with considerable experience in legal cases involving sexual offences, violence and assault.

How long does a Crown Court trial last? There is no set length for a trial, nor is it possible to accurately predict how long a Crown Court trial will take.

However, length tends to be determined by the complexity of a case. Where relatively straightforward cases take no more than a few days, other cases can take several weeks or even months. The standard jury service period in the UK is two weeks. While jurors may be required to serve for much longer than this, it indicates that Crown Court trials are not usually expected to exceed two weeks in length. How long does it take for a case to go to Crown Court?

A case is listed for mention if there is an administrative matter to be ruled upon before the main trial can proceed or proceed any further. Generally, there is a two week or a three week "warn period" but if your case does not begin during this period, your case will go into another warn period — normally a few months later. The defendant will be represented in court by a barrister or a solicitor.

The prosecution the Crown will also be represented by an advocate, as will any co-defendants in your case, and one of the first tasks for the judge is to rule on any legal arguments put forward by the advocates. Once the jury is sworn in, the prosecutor will inform the jury on the details of the case and call prosecution witnesses to provide evidence, which will then be cross examined by a defence barrister.

As soon as all of the prosecution witnesses have given evidence, the defendant is heard, followed by the prosecution defence witnesses. The barristers will make their closing statements when all of the evidence has been heard, whilst the judge will summarise the evidence, informing the jury of the relevant law relating to the charges. Following this, the jury will retire to deliberate over the evidence hear and consider their verdicts before making a decision as to whether the defendant is guilty or not guilty.

If the defendant is found not guilty, they will be discharged from the court and the case is concluded. If the defendant is found guilty, the court can either sentence them immediately or it may be adjourned to prepare reports, or it may be deferred scheduled for a future date to see how the defendant behaves during that period.