From Report to Court: Digital Guide

If you have made a statement to the police then you may have to attend court to give evidence. Some witnesses in criminal proceedings are called to give evidence about things they have seen or heard. This includes the evidence of the person who has experienced sexual violence.

Expert witnesses are called to give the court their professional opinions relating to their jobs. For example, a forensics expert may be asked to give evidence about whether DNA found at the scene of the crime matches the DNA of the defendant.

Character witnesses are sometimes called to talk about what sort of person the defendant (or someone else relevant to the case) is.

If you have given the police a witness statement you will be told when you have to attend court, usually by letter. It is important to keep the police informed if you change your address. The CPS, usually through the Witness Care Unit, will try to arrange a court date that is as convenient for you as possible, although the decision as to when a date is set for trial is ultimately up to the court.

If you have any concerns about attending court, or if you think it may be difficult for you to attend, you should tell the person who asked you to go to court as soon as possible. If something unexpected happens on the day of the trial and you cannot get there you should contact the police officer dealing with the case or the court immediately.

It may be that you attend court but the case is delayed, and you must return at a later date. This can be very frustrating. The court will do everything it can to ensure that cases are not delayed. It is important to attend court each and every time you are asked.

Can I watch the trial?

As a victim of crime, you have the right to be present during the defendant’s trial. If you are going to be giving evidence for the prosecution you will not be allowed into court until after you have given your evidence. This is to ensure that your evidence is not influenced by anything that happens in the courtroom during the trial.

Once you have given evidence you can stay for the rest of the trial if you wish. You are entitled to take a friend or other supporter with you.

Usually, any members of the public can sit in the public gallery and watch the trial, except in the Youth Court.

Remember, if you are sitting in the public gallery to watch the trial there will be no screens or other special measures in place to prevent you from seeing the defendant, or to prevent him from seeing you.

Witness Care Units

Witness Care Units are staffed by representatives from the police and CPS. They are responsible for supporting anyone who gives evidence for the prosecution in criminal proceedings.

Witness care units are involved from the point when the defendant is charged through to the end of criminal proceedings.

Witness Care Units should:

• Give you a single point of contact, with a named officer, who will assist you through the criminal justice process and be responsible for coordinating support and other services for you
• Assess and meet your needs by identifying what assistance you need to be able to attend court and give evidence, including arranging childcare, an interpreter or transport to court
• Inform you about your case, including the outcome

In some areas you may have little or no contact with the Witness Care Unit. If this is the case then the above actions will normally be carried out by your main contact within the police force.

The Witness Service

The Witness Service is separate from the Witness Care Units, and it provides free, independent and confidential support for both prosecution and defence witnesses in every criminal court in England and Wales.

The Witness Service can:

• Arrange a pre-court visit for you so that you can see the court and courtroom and are familiar with the roles of those who will be present during the trial
• Provide information and emotional support through the court process
• Provide separate waiting areas, where available, at the court
• Provide practical help around attending court, such as with claiming expenses
• Provide support in the court while you are giving evidence and throughout the trial

If you have an Independent Sexual Violence Advisor (ISVA) then they can also provide the support listed above.

For more information on ISVAs see here.

The Witness Charter

The Witness Charter sets out the standards of care you can expect if you are a witness to a crime or incident in England and Wales.

Here a few examples of key standards taken from the Witness Charter:

• You will be treated with dignity and respect at all times by each of the service providers you have contact with in the criminal justice system.
• Applications for special measures should be made on your behalf to the court in good time and, if approved, should be available when you give your evidence in court.
• The date that you are due to give evidence should be arranged with your availability in mind. Your waiting time to give evidence in court should be kept to a minimum and, where possible, not exceed two hours.
• Measures will be taken in court to ensure that it is a safe environment for all and to ensure that prosecution witnesses, defence witnesses and their family and friends wait in separate areas.
• You will be given information (or the details of where information can be found) about the court and court process in advance of giving evidence so that you know what to expect.
• You can refresh your memory of what you said in your statement or in video-recorded evidence in advance of giving evidence in court.
• You can claim expenses for travel to and from the court and compensation for loss of earnings incurred as a result of attending court.

A full copy of the Witness Charter is available to read here.

Special measures are practical steps that are taken to make the process of giving evidence at trial less intimidating for vulnerable and intimidated witnesses.

A vulnerable witness is a witness:

• who is under 18

or

• whose evidence would be diminished because of a mental or physical illness or disability.

An intimidated witness is a witness:

• who is a victim of a sexual offence (unless the victim does not want to be treated as an intimidated witness)

or

• who is experiencing fear and distress about testifying (in deciding if someone’s evidence is weakened because of their fear and distress, the court will consider factors including the witness’s age, social, cultural, religious and ethnic origins, the nature of the offence and the defendant’s behaviour towards the witness either directly or indirectly)

Special measures that may be available to assist witnesses to give evidence are:

• Placing a screen in the court room so the defendant and witness cannot see each other.
• Giving evidence by a live link (this means you will give evidence from outside the court room and appear on screen for the judge, jury, prosecution and defence to see).
• Giving evidence in private, which means without members of the public watching. Anyone in the public gallery, including the defendant’s friends and family, will be asked to leave (this special measure is limited to cases that involve sexual offences and those involving intimidation).
• The judge and lawyers can remove their wigs and gowns to make the witness feel more comfortable.
• Video-recorded evidence-in-chief.
• Examination of a witness through an intermediary (someone appointed by the court to assist a witness because, for example, they have a disability that affects their ability to communicate).
• Examination using communication aids (such as a symbol book or alphabet boards).

Giving evidence by a live link means you will give evidence from outside the courtroom. You will appear on a screen for the judge, jury, prosecution and defence lawyers to see. The court can provide for you to have a supporter with you in the live link room. They do not have to be a court official, but they must comply with National Standards that relate to witness supporters. Organisations like Citizens Advice may provide this service. Your Independent Sexual Violence Adviser (ISVA), if you have one, may be able to take on this role, but it must be with the court’s prior approval.

If you provided a video recorded statement, then this will be automatically admitted as your evidence at the trial unless this would not be in the interests of justice. You may still be required to give further evidence if the defence want to question you or if you have further evidence to provide.

In addition to special measures, the following additional protections are available for witnesses:

• preventing victims of sexual offences from being cross-examined by the defendant himself (this means he cannot ask you questions himself, it has to happen through a lawyer)
• restriction on evidence and questions about the complainant’s sexual history
• restrictions on media reporting of information likely to lead to the identification of certain adult witnesses in criminal proceedings (for further information see Anonymity)

Cross examination and defendants who don’t have a lawyer

Changes to legal aid mean that more defendants are likely to be representing themselves at trial. However, defendants charged with sexual offences are not allowed to directly cross-examine witnesses who are the complainants of these crimes. In these cases, the judge or magistrates will appoint a lawyer to represent the defendant only for the purpose of cross-examining the victim and other vulnerable or intimidated witnesses.

How can I get special measures?

If you have experienced sexual violence or domestic abuse you are automatically eligible to receive special measures (although you can decide not to receive them if you wish).

Being eligible for special measures does not mean that the court will automatically provide them. A judge will decide which special measures you should receive following an application on your behalf by the CPS. The court will consider whether the special measures or combination of them is likely to improve the quality of your evidence.

The type of special measures that you will be given depends on what would best enable you to give evidence, and what is available at the court that will hear your case.

If a trial date has been set, and you have not discussed special measures with anyone, you should contact the police officer dealing with your case. Your views on special measures will be passed by the police to the CPS who will make an application for special measures to the court before the trial begins. The decision about what special measures you receive is made by the magistrates/district judge or the Crown Court judge (depending on whether the trial occurs in the magistrates’ or Crown Court).

The Victims’ Code states that you you are entitled to request interpretation into a language you understand:

• when reporting a criminal offence
• when being interviewed by the police
• when giving evidence as a witness

At trial, if English is not your first language, an interpreter will be provided for you. Your interpreter should be familiar with the court process, any legal terms, and be able to translate into the language or dialect of your choice.

You can also request a translation of:

• the written acknowledgment of the reported crime
• a copy of the relevant parts of document you need to see at interview or trial
• the document informing you of the date, time and place of trial
• the outcome of criminal proceedings and at least brief reasons for the decision where available

If you are unhappy with a decision not to provide interpretation or translation services, you can make a complaint to the service provider (usually the police or CPS).

You may have to attend court over several days. You can think about ways to make going to court as comfortable for you as possible. It is for you to decide what you feel you need at court.

For example, you can choose to wear clothes that make you feel comfortable and take something to read while you are waiting.

When you attend court for the trial, the lawyer who is prosecuting the case (called the prosecutor) should come and meet you and explain what is going to happen in court.

They should explain that your account of the sexual violence is going to be challenged by the defendant’s lawyers. The prosecutor should also tell you what the defendant’s account is, which means what he is saying happened. For example, he might argue that you consented to the sexual activity or that he was not responsible for the sexual offence that was committed. You will be asked about his version of events.

Whilst you cannot practice or rehearse your evidence with anyone, you can think about the questions that you might be asked, what your answer may be and how you want to answer.

You can also think about the support that you want at court. For example, do you want someone from the Witness Service to come into court and sit near you while you give evidence? If you are receiving support from an ISVA or another specialist service, such as a local Rape Crisis service, do you want them to attend court with you?

As most criminal trials occur in public you might also want to think about whether you want your friends or family to attend.

Trials are usually heard in open court, which means that the public has access to the courtroom and the press can report on what happens. This is because of the important principle that justice can be seen to be done.

A judge can order that some or all of a trial be heard in private (with one named person present to represent the press as well as the defendant, legal representatives and any interpreters). However, this is unusual and the main concern of the court is to see that justice is done.

The fact that you might find giving evidence in open court difficult or uncomfortable may not be enough to persuade the court to hear your evidence in private. If you think the trial in your case should be heard in private then speak to the CPS prosecutor or your contact at the police.

Whether or not the court sits in private, if you have experienced sexual violence your identity should not be revealed by the press. It would be a criminal offence for anyone to publish any details about you that might identify you.

For more information on protecting your identity see the section on anonymity.

A criminal trial involves the prosecution presenting their case supported by evidence, and the defence challenging that case and evidence. The order of events at a trial differs slightly depending on whether your case is heard in the magistrates’ court or at the Crown Court.

If the trial is going to be at the Crown Court see section on the outline of a crown court trial.

If the trial is going to be at the magistrates court see section on the outline of a magistrates court trial.

Preliminary matters

Any legal arguments relating to evidence may be argued now or at any point during the trial.

The Jury is sworn

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 opening speech

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).

Defence opening speech

The defence are allowed to make an opening speech to help the jury understand the issues in dispute in the case.

Prosecution evidence

• 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.

Submission of no case to answer

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.

Defence case summary

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.

Defence evidence

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

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

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.

Jury returns a verdict

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

• 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.

The case is tried before either a single District Judge or three magistrates.

Before the trial begins

Any outstanding legal issues, for example about evidence, are resolved

Opening speeches

• 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.

Prosecution evidence

• 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.

Submission of no case to answer

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 evidence

• 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.

Closing speeches

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.

The Magistrates or District Judge will retire to consider their verdict

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.

Verdict

The magistrates or district judge will find the defendant either guilty or not guilty.

Sentence

Sentencing may be dealt with either immediately or after pre-sentence reports.

Appeal

• 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.

When you arrive at court to give evidence you should be provided with a private place to wait so that you do not come into contact with the defendant, his family or any other defence witnesses. You can be accompanied by an Independent Sexual Violence Adviser, someone from Witness Services, or another support organisation while you wait. They can also accompany you into court and support you while you give evidence. Friends and family can come to court and should be allowed to wait with you. They will have to sit in the public gallery during the trial. If your friends or family are witnesses in the case, they will have to wait until after they have given evidence before they can sit in court.

Before you give evidence

Before you give evidence in court you will be given an opportunity to refresh your memory by either re-reading your written statement or watching your video statement. This will usually take place just before you give evidence; for example, on the morning of trial, or day before you are due to attend court. If your video statement is going to be played during the trial it may have been edited since you gave it to the police.

This could be to remove information that would affect your or another witness’ confidentiality or to ensure that evidence that is inadmissible (not allowed for a legal reason) does not go before a jury.

Where the video has been substantially edited you should have been notified in advance of the trial. If you are concerned about the way that your video has been edited, you can discuss this with the police officer dealing with your case.

The CPS prosecutor

The prosecutor is the lawyer from the Crown Prosecution Service (CPS) that will be presenting the case for the Crown (or the State). They should introduce her or himself to you and answer any questions that you have about the trial, although they will not be able to discuss your evidence with you. The prosecutor will have prepared the case and should know if you have any particular fears or concerns. As the prosecutor is responsible for the trial, they will be quite busy, and so the amount of time that she or he will have to discuss things with you may be limited.

The prosecutor should ensure (as far as is possible) that you are not asked to attend court unnecessarily. You may, however, have to wait before being called into court. The prosecutor and trial judge will try to ensure that you do not have to wait longer than two hours in the Crown Court and one hour in the magistrates’ court.

If there is likely to be a longer delay the prosecutor should explain the reason and try to give you an idea of how long you will have to wait. There are a number of reasons why cases are delayed. Sometimes it is because a juror is late attending court, or because legal arguments need to be made before the trial can begin. If something causes the case to be put off until another day, the prosecutor will try to make sure this date is convenient for you. If you attend court to give evidence and the case is discontinued, you should be invited into the courtroom where the judge should give you an explanation of what has happened.

The verdict means the decision that is reached by the jury or the magistrates / judge on whether the defendant is guilty or not guilty.

When the trial was in the Magistrate’s Court

If the trial took place in the magistrates’ court it is the magistrates or district judge who decides whether or not the defendant is guilty. Magistrates do not need to all agree on a verdict. Where there are three magistrates and two have one view, that is enough for the verdict to be given. If there are only two magistrates and they cannot agree, the case will have to be reheard by different magistrates. If the trial has been heard by a district judge, then they make the decision alone.

When the trial was in the Crown Court

Juries are always initially asked to reach a unanimous verdict – a verdict upon which they all agree.

After this time has passed without the jury reaching a unanimous verdict they will be told they can return a majority verdict. That is where eleven agree and one disagrees or where ten agree and two disagree.

Once a jury has deliberated for a minimum of two hours and ten minutes, the judge can decide whether to ask them to reach a majority decision rather than a unanimous decision. The judge does not have to do this immediately.

Sometimes jurors are unable to agree on a verdict and the judge must discharge them (send them home). This means that the there has been no decision on whether the defendant is guilty or not guilty. This is called a hung jury. In this situation, the CPS can decide to hold a retrial of the defendant with a different jury and only in very limited circumstances will it be prevented from doing so (for example, when there has been a long delay and the offence is not considered serious).

Usually there will only be one re-trial. Where two juries fail to reach a verdict, the presumption is that the prosecution will not seek a third trial unless there are exceptional circumstances. Factors that might justify a third trial include:

• jury interference – this is where someone has been bribing or coercing the jury to give a certain verdict (this is also a criminal offence)
• additional evidence that has recently come to light and was not available at earlier trials

The jury are not allowed to discuss their deliberations (discussions) with anyone outside of the jury room.