Before the trial begins Expand Any outstanding legal issues, for example about evidence, are resolved
Preliminary matters Expand Any legal arguments relating to evidence may be argued now or at any point during the trial.
Opening speeches Expand In the magistrates’ court the prosecution can give either an opening or a closing speech, they will usually make an opening speech. The court can invite the defence to make a short speech identifying the issues in the case.
The jury is sworn Expand Jurors are chosen at random from the electoral roll for the local area. Most people between 18-70 who have lived in the UK for at least 5 years are eligible, unless they have particular types of criminal convictions or mental disorders. Others may be excused if they have language difficulties or for reasons such as work obligations. When a juror recognises the name of one of the witnesses involved in the trial or recognises the defendant, the judge may excuse them from sitting on the jury to avoid any suggestion that the juror might be biased. The prosecution and the defence cannot exclude jurors unless they have a good reason.
Prosecution evidence Expand The prosecution’s evidence may include witnesses giving evidence in court or having their statements read. The victim of the crime is usually the first person to give evidence. Once you have given your evidence the prosecution will call any other prosecution witnesses that they have. For example, if you told someone about the assault soon afterwards that person may be called to tell the court what you said. This is known as recent complaint evidence. It is one of the few occasions when the court will attach importance to what a victim of crime tells a third party who is not either their doctor or a police officer investigating the case. Each witness will be questioned by the prosecution (examination-in-chief) and then questioned by the defence (cross-examination), and then may be re-examined by the prosecution. The District Judge or magistrates may also ask some questions. Witnesses may produce exhibits such as photographs or CCTV. The police officer in charge of the investigation may read out the defendant’s interview and answer questions about the investigation. If the defence do not dispute a witness’s account, their written statement may be read to the court. This often happens when scientific evidence (such as the presence of DNA) is not disputed by the defence or when medical evidence is not contested. Another way for undisputed evidence to be presented to the court is by admissions. Admissions are formal agreements between the prosecution and defence, which are put in writing and read to the court. They relate to facts in the case that both sides agree on. In certain limited circumstances a statement can be read to the court where the defendant does not consent (e.g. where the witness does not testify because of fear). At the end of the prosecution’s case, when all evidence against the defendant has been heard, the prosecutor will tell the court that she or he has reached the end of the prosecution case.
Prosecution opening speech Expand The CPS prosecutor will start the case with a speech. The speech may include: What charges the defendant faces. Who will be giving evidence and why. The burden and standard of proof (that it is for the prosecution to prove the case so that the jury are sure of the defendant’s guilt).
Submission of no case to answer Expand A submission of no case to answer is an argument made by the defence, at the end of the prosecution’s case. In a criminal trial the burden is on the prosecution to prove that an offence took place, not on the defendant to prove that it did not. No case to answer is when the defence argues that the prosecution evidence is insufficient for any reasonable court to properly convict. This means the prosecution has not produced any evidence that could be relied on to convict the defendant or the evidence is too weak. If the judge decides there is no case to answer then the case will end. If the judge rejects the submission and decides that there is a strong enough case against the defendant, it will be the defendant’s turn to call evidence. There are other (unusual) circumstances where a case may end at this point in a trial. This includes situations where the defendant was charged with the wrong offence.
Defence opening speech Expand The defence are allowed to make an opening speech to help the jury understand the issues in dispute in the case.
Defence evidence Expand The defence case starts as soon as the prosecution case ends. Defence witnesses will be called (including the defendant if he is giving evidence) and will be examined-in-chief by their lawyer. Defence witnesses will then be cross-examined by the prosecution and re-examined by the defence lawyer.
Prosecution evidence Expand The prosecution’s evidence may include witnesses giving evidence in court or having their statements read to the jury by the prosecutor. The victim of the crime is usually the first person to give evidence. The court may play your statement if the statement was video recorded. Once you have given your evidence the prosecution will call any other prosecution witnesses that they have. For example, if you told someone about the assault soon afterwards that person may be called to tell the court what you said. This is known as recent complaint evidence. It is one of the few occasions when the court will attach importance to what a victim of crime tells a third party who is not either their doctor or a police officer investigating the case. Each witness will be questioned by the prosecution (examination-in-chief) and then questioned by the defence (cross-examination). The witness may then be asked some further questions prosecution (re-examination) and the judge may also ask some questions. Witnesses may show exhibits to the jury, such as photographs or CCTV. The police officer in charge of the investigation may read out the defendant’s interview and answer questions about the investigation. If the defence do not dispute a witness’s account, their written statement may be read to the court. This often happens when scientific evidence (such as the presence of DNA) is not disputed by the defence or when medical evidence is not contested. Another way for undisputed evidence to be presented to the court is by admissions. Admissions are formal agreements between the prosecution and defence, which are put in writing and read to the court. They relate to facts in the case that both sides agree on. In certain limited circumstances a statement can be read to the jury where the defendant does not consent (e.g. with the permission of the judge where the witness does not testify because of fear). At the end of the prosecution’s case, when all evidence against the defendant has been heard, the prosecutor will tell the court that she or he has reached the end of the prosecution case.
Closing speeches Expand At the end of the defence case the prosecution and then the defence address the jury in closing speeches. The prosecutor and defence barristers will both summarise their side of the case to the jury, emphasising the evidence that is important and helpful to their case, and explaining to the jury why they should convict (prosecution) or acquit (defence). The lawyers are allowed to be biased in favour of their own case in these closing speeches.
Submission of no case to answer Expand A submission of no case to answer is an argument made by the defence, at the end of the prosecution’s case. This is why it is often referred to as a half-time submission. In a criminal trial the burden is on the prosecution to prove that an offence took place, not on the defendant to prove that it did not. No case to answer is when the defence argues that the prosecution evidence is insufficient for any reasonable court to properly convict. This means the prosecution has not produced any evidence that the jury could use to convict the defendant or the evidence is too weak. If the judge decides there is no case to answer then the judge will direct the jury to find the defendant not guilty and the case will end. If the judge rejects the submission and decides that there is a strong enough case against the defendant, it will be the defendant’s turn to call evidence. There are other (unusual) circumstances where a case may end at this point in a trial. This includes situations where the defendant was charged with the wrong offence.
The magistrates or district judge will retire to consider their verdict Expand Magistrates will be given any advice on the law they need from the legal adviser. Legal advisers sit next to the magistrates and advise them on points of law to help them come to a decision. The burden and standard of proof In a criminal trial the burden is on the prosecution to prove that an offence took place, not on the defendant to prove that it did not. This is called the burden of proof. The magistrates or district judge have to be sure that the defendant is guilty before they can convict him. If they are not sure they must acquit him. This is called the standard of proof. It is the prosecution’s responsibility to present enough evidence so that the magistrates are sure. If a defendant is found not guilty, it does not necessarily mean that the magistrates/district judge did not believe the victim, it means that there was insufficient evidence for them to be sure that the defendant was guilty of the offence that he was charged with.
Defence case summary Expand The defence case starts as soon as the prosecution case ends. If the defendant intends to call a witness other than himself, his representative can then summarise the defence case.
Verdict Expand The magistrates or district judge will find the defendant either guilty or not guilty.
Defence evidence Expand The defence case must begin with the defendant’s evidence if he is choosing to give evidence followed by any witnesses he has. The defendant cannot be forced to give evidence at trial, but if he does not the jury may take this into account when deciding their verdict. If the defendant gives evidence he will be examined-in-chief by his legal representative and then cross-examined by the prosecution and finally re-examined by his legal representative. A defendant can only be asked about any previous convictions he has in certain circumstances, such as when a judge has decided that they are relevant to the case or when the defendant has attacked another person’s character. Whether or not the defendant gives evidence, he then rely on other evidence such as witnesses who support the defendant’s account of events, or character witnesses who will speak of their knowledge of the defendant’s character.
Closing speeches Expand At the end of the defence case the prosecution and then the defence address the jury in closing speeches. The prosecutor and defence barristers will both summarise their side of the case to the jury, emphasising the evidence that is important and helpful to their case, and explaining to the jury why they should convict (prosecution) or acquit (defence). The lawyers are allowed to be biased in favour of their own case in these closing speeches.
Summing up by the judge Expand The judge’s summing up consists of two parts: directions in relation to the law, and a summary of the evidence. Directions of the Law When the judge gives directions to the jury, they are obliged to follow those directions. The most important direction is about the burden and standard of proof (below). The Crown Court Bench Book provides a very comprehensive guide to the directions that judges should give at trial, and the particular words that they should use in those directions. Directions on sexual violence cases In a case involving sexual violence, there may be further directions that are very important. The courts are alert to the fact that some people make assumptions about the victims of sexual offences, and those who are accused of such crimes. The judge, in her or his summing up, will tell the jury to deal with the case without bias or resorting to stereotypes and may direct them as follows: To avoid making assumptions based on stereotypes as to who a ‘typical victim’ is or how they behave. That the experience of rape or a sexual assault may be as traumatic if the complainant and defendant know each other as if they are strangers. To avoid preconceived views as to how a complainant will react to the experience of sexual assault, that some complainants will display signs of distress and others will not. That it would be wrong to assume that a complainant will always report the offence immediately. A late complaint, or delay in reporting, does not necessarily mean a complaint is false. That there is no requirement in law that sexual assault be accompanied by force or threats of force for the defendant to be found guilty. That there is no typical response to being sexually assaulted. The complainant not ‘fighting back’ should not be taken to mean that she consented to the sexual activity. Not to assume that where there is inconsistency in the complaint, that this means that the account is necessarily untrue. It depends on the circumstances and the individual, and quality of memories can be affected by trauma. Summary of evidence The judge will also give a summary of the evidence. The judge must be fair to both the prosecution and defence when summarising the evidence. The judge is entitled to keep the summary brief and not mention every point raised at trial as long no bias is shown to one particular side, any particular witnesses, or particular pieces of evidence.
Appeal Expand The defendant has a right to appeal a conviction and/or sentence to the Crown Court. Notice of appeal has to be lodged at the magistrates’ court within 21 days of sentence (even if the appeal is only against conviction). On application by the defendant this time limit may be extended.
Jury returns a verdict Expand The jury decide the verdict: whether the defendant is guilty or not guilty of each charge. The burden and standard of proof In a criminal trial the burden is on the prosecution to prove that an offence took place, not on the defendant to prove that it did not. This is called the burden of proof. The jury has to be sure that the defendant is guilty before they can convict him. If they are not sure they must acquit him. This is called the standard of proof. It is the prosecution’s responsibility to present enough evidence so that the jury is sure. If a defendant is found not guilty, it does not necessarily mean that the jury did not believe the victim, it means that there was insufficient evidence for them to be sure that the defendant was guilty of the offence that he was charged with. If someone is found guilty then he will be sentenced for the offence. Sentencing can happen immediately after the jury gives its verdict or at a future hearing after pre-sentence reports are obtained on the defendant. If the jury finds the defendant not guilty then he is acquitted of the offence and no further action can be taken against him. Someone who has been acquitted of an offence cannot usually be tried again for the same offence. Where the defendant is being tried on multiple charges, the jury may reach mixed verdicts. This means they may convict on some charges and acquit on others. If the jury cannot reach a verdict on a particular charge it is said that the jury is hung, and the prosecution may decide to have a second trial (often referred to as a re-trial).
Appeal against conviction Expand The defendant may seek to appeal against his conviction and/or sentence. Appeals from the Crown Court are made to the Court of Appeal if the Court of Appeal gives its permission. A notice of appeal has to be lodged with the Crown Court within 28 days of conviction or sentence, although a defendant can apply for permission to appeal outside of the time limit.
Specialist support for Black and minoritised women Expand African Women's Care AWC provides support to BME women and their children who are experiencing or threatened with Domestic Abuse as well as delivering a wide range of health related support services targeted at changing perceptions and mind-sets among BME families. Helpline: 0208 9618389 Website: africanwomencare.org.uk African Women's Voices Website: africanwomenvoices.co.uk Amadudu Women's Refuge Refuge for women and children fleeing domestic abuse. Website: amadudu.org Anah Project Women’s refuge and support services. Website: anahproject.org Angelou Centre Support, including accommodation, for black, minoritised and migrant survivors of domestic and sexual violence. Website: angelou-centre.org.uk Apna Ghar Women's Centre Apna Ghar is a charity run by and for minority ethnic women living in South Tyneside. Website: apnagharwomenscentre.com Apna Haq Supporting BME survivors of domestic and sexual violence. Website: apnahaq.org.uk Asha Projects Advice and accommodation for South Asian women and children fleeing domestic violence and sexual abuse. Website: ashaprojects.org.uk Ashiana Network Refuge services for South Asian, Turkish and Iranian women. Website: ashiana.org.uk Asian Women's Resource Centre Services for women who are, or have been experiencing domestic abuse. BAWSO Specialist services for Black and Minority Ethnic women and children experiencing domestic abuse and sexual violence. Website: bawso.org.uk Hemat Gryffe Women's Aid Advice and refuge primarily to Asian, Black and minority ethnic women and children experiencing domestic abuse, honour based violence and forced marriage. Website: hematgryffe.org.uk Humraaz Support for black and minoritised women affected by domestic violence. Website: humraaz.co.uk IMECE Women's Centre Support for minority women experiencing violence, forced marriage, 'honour' based violence. Website: imece.org.uk Imkaan The only UK-based, umbrella women's organisation dedicated to addressing violence against Black and Minoritised women and girls i.e. women which are defined in policy terms as Black and 'Minority Ethnic' (BME). Website: imkaan.org.uk Iranian and Kurdish Women's Rights Organisation (IKWRO) Support for Middle Eastern and Afghan women and girls who are at risk of ‘honour’ based violence, forced marriage, child marriage, female genital mutilation and domestic violence. Website: ikwro.org.uk Jewish Women's Aid Support for Jewish women and children affected by domestic abuse & sexual violence. Website: jwa.org.uk Latin American Women's Aid Website: lawadv.org.uk Latin American Women's Rights Service Support for Latin American women and children fleeing gender-based violence. Website: lawrs.org.uk Panahghar BME multi lingual support and access to safe refuge for victims and their families of domestic abuse, sexual abuse or gendered abuse. Website: safehouse.org.uk PHEOBE Centre P.H.O.E.B.E (Promotion of Health, Opportunity, Equality, Benevolence and Empowerment) promotes greater a greater number of black and ethnic minority women and children to receive domestic abuse support and counselling services across Suffolk. Website: phoebecentre.org.uk Roshni Support for black, Asian & Minority Ethnic communities (BAME) affected by domestic abuse including Forced Marriage & Honour Based Abuse. Website: Saheli Support for Asian women and their children fleeing domestic abuse and/or forced marriages. Website: saheli.org.uk Shakti Women's Aid Support for black and minority ethnic women, children, and young people who have experienced, domestic abuse. Website: shaktiedinburgh.co.uk Southall Black Sisters Website: southallblacksisters.org.uk
Other Expand Hourglass For victims of elder abuse. Website: https://wearehourglass.org/ National Society for the Prevention of Cruelty to Children (NSPCC) Website: nspcc.org.uk One in Four For survivors of child sexual abuse. Website: oneinfour.org.uk Respond Specialist support services for people with learning disabilities, autism or both who have experienced abuse, violence or trauma. Website: respond.org.uk