Crown Court Trials: Frequently Asked Questions

In the courtroom during a criminal trial there will be various people: 

The judge will be sat at the front of the courtroom, he will oversee the other people in the room. The judge is responsible for the law and they will ensure the law is followed throughout proceedings. 

The court clerk sits below the judge facing the courtroom, they are responsible for managing the proceedings and the court timetable. 

Both the prosecution barrister and the defence barrister will usually sit on the 1st or 2nd bench facing the judge. 

We will sit on the bench behind the barrister. We are there to assist the barrister and our client throughout proceedings. 

The court usher sees people in and out of the courtroom. 

The defendant will sit in the dock, this is usually behind Perspex glass and they will be sat with a dock officer. 

The jury sit in seats at the side of the courtroom, they can see the defendant, witnesses and legal representatives clearly. 

Criminal courtrooms are open to the public. The public sit in the gallery which can be located in different areas of the courtroom depending on the courtroom itself. In older courts the gallery can be higher up looking down on proceedings. In newer more modern courts they can be placed on the opposite side of the jury. 

A Jury applies to Crown Court trials only and there are 12 members of the public who sit on the jury, they are selected at random through the process referred to as empanelling. Although only 12 people will sit on a trial, initially many more are asked to go into court for the selection process to take place. The court usher will randomly select from 15-16 people brought into the courtroom.

In cases expected to last for more than 4 weeks the court can start a case with 2 extra jurors who can take the place of any of the 12 who are unable to continue for any reason (e.g. due to illness). 

The minimum number required on a jury is 9 people so starting a longer trial with extra jurors reduces the risk of having to abandon the trial. 

Before the trial begins the jury will take the jury oath or affirmation, they will be told of the main witnesses in the case for both sides, together with any locations relevant to the case. This is to ensure that the jury have no prior knowledge of connection with anyone involved in the case. 

During the trial our client’s are referred to as the defendant. The defendant will usually sit in a dock in the court room behind Perspex glass with a security officer with them, this officer is called the dock officer.  

The witnesses may see you unless special measures have been granted for them. Special measures can include; a curtain or screens which will be placed around the witnesses to prevent you seeing them and them seeing you, if a witness statement is agreed by the parties the witness will not be required to attend court in person, their statement will be read, and finally where a procedure referred to as a section 28 hearing is granted for the complainant they will not be required to attend court for trial, their evidence will be pre-recorded and played to the jury at court. 

Your barrister is the advocate in court, they are specially trained in presenting cases in court and have an in-depth knowledge of proceedings and evidential rules and procedures in place. 

We always advise our clients that it is beneficial to have your solicitor at your trial. Your solicitor will have much more involvement directly with you than you barrister, and will be very familiar with your case. Their presence can be a huge benefit to your barrister as they bring their expertise and knowledge of you and your case, and also it is a benefit to the client and any supporting friends/family that may be at court. 

Courthouses are public places, the public are able to attend court and sit in the public gallery to watch proceedings.

The press do attend court, usually the press will be much more interested in high profile cases or cases of extreme seriousness. There is no automatic right to have the press excluded from attending the court, should a reporting restriction be necessary either party may apply to the court for this. Reporting restrictions are very rare but are granted in cases concerning children. 

We are often approached by clients who are concerned about the press and the repercussions of their personal details being printed in their local news or even the news on a national scale. Please contact one of our lawyers who will listen to the facts of your case and particular concerns you have regarding any publication of your case. 

A defendant does not have to give evidence, it is their choice. There are many reasons as to why a defendant may not wish to give evidence, or may even be advised not to give evidence. 

If the complainant in the case is giving live evidence at court he or she will be required to attend court. However, in many sexual offence cases a complainant does give evidence via a link whether it be live or have been pre recorded at an earlier hearing, this hearing is referred to as a section 28 hearing as explained above. 

Unless you are remanded into prison prior to the trial a defendant will be entitled to leave court at the end of each of their trial days which is usually subject to bail conditions. On the final trial day whether a defendant leaves the courtroom is dependent upon the verdict and the judges views on sentence. In some instances a case will be adjourned for reports to be prepared and the defendant will be released on bail, however if the court is of the view that a custodial sentence is inevitable the defendant can be remanded into custody immediately to await their sentencing date. 

If you have been charged with a criminal offence, please contact our team free of charge and we can explain in detail the process that will apply to your case.