Crown Court Trials: Frequently Asked Questions
A criminal trial can be a very daunting and an intimidating prospect for many whether it be a trial in the Magistrates Court
or at the
Crown Court,
for various reasons the whole process can cause both physical and mental affects on a defendant’s health. At Eventum Legal our lawyers have many years of experience in preparing cases for trial and offering excellent support to their clients during their case. We have provided below answers to the most frequently asked questions by our clients when they are preparing for trial.
Who Will Be In The Courtroom?
In the courtroom during a criminal trial there will be various people:
The Judge
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
The court clerk sits below the judge facing the courtroom, they are responsible for managing the proceedings and the court timetable.
The barristers
Both the prosecution barrister and the defence barrister will usually sit on the 1st or 2nd bench facing the judge.
The Solicitors
We will sit on the bench behind the barrister. We are there to assist the barrister and our client throughout proceedings.
Court Usher
The court usher sees people in and out of the courtroom.
The defendant
The defendant will sit in the dock, this is usually behind Perspex glass and they will be sat with a dock officer.
The jury
The jury sit in seats at the side of the courtroom, they can see the defendant, witnesses and legal representatives clearly.
The public
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.
How Many People are on the Jury and How Are They Selected?
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.
What If I Know Someone Who Is Selected To Be On The Jury?
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.
Where Will I Sit In Court?
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.
Will The Witnesses See Me?
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.
What Does My Barrister Do?
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.
Will My Solicitor Be At Court?
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.
Are the Public Allowed to Watch My Trial?
Courthouses are public places, the public are able to attend court and sit in the public gallery to watch proceedings.
Will The Press Be At Court?
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.
Do I Have To Give Evidence?
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.
Will My Accuser Be At Court?
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.
Can I Go Home at The End of Each Trial Day?
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.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
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