Trial in the Crown Court

Question 1

Which Judges may sit on the Crown Court?

Answer 1

• Circuit Judges (Your Honor).
• Recorders (Your Honor).
• High Court Judges (My Lord, My Lady).

High Court Judges handle the most serious cases, e.g. Murder, Terrorism, Complex Fraud.

Question 2

What is the Structure of a Crown Court Trial?

Answer 2

1. Legal Arguments.
2. Jury Selection.
3. Preliminary Instructions to the Jury.
4. Prosecution Opening Speech.
5. Defence Clarification of Matters in Issue.
6. Prosecution Evidence.
7. Conclusion of the Prosecution Case.
8. Submission of No Case to Answer.
9. Right to Give Evidence and Adverse Inferences.
10. Defence Opening Speech.
11. Defence Evidence.
12. Legal Discussions.
13. Closing Speeches.
14. Judge’s Summary.
15. Jury Retirement.
16. Verdict.

Question 3

What happens during the Legal Arguments Stage?

Answer 3

• Case Management.
• A Voir Dire, should the Parties wish to dispute any factual issues Pre-Trial.
• Submission of Legal Arguments, should the Parties wish to dispute any legal issues Pre-Trial.

Question 4

What happens during the Jury Selection Stage?

Answer 4

12 Jurors are chosen at random from a Panel of 16 and sworn in.

Question 5

What happens during the Preliminary Instructions to the Jury Stage?

Answer 5

The Judge will explain to the Jury:

• Their role in the Trial;
• That they may only decide using the Evidence presented in the Trial; and
• That they must not discuss the Trial with anyone except their fellow Jurors.

Question 6

What happens during the Prosecution Opening Speech Stage?

Answer 6

The Prosecution outlines its case.

Question 7

What happens during the Defence Clarification Stage?

Answer 7

At the Judge’s Invitation, the Defence clarifies which issues are in dispute to help the Jury better understand the case.

Question 8

What happens during the Prosecution Evidence Stage?

Answer 8

The Prosecution:

• Calls Witnesses and conducts Cross-Examination.
• Reads a transcript of the Defendant’s Interview(s), with copies available to the Jury.

Question 9

What happens during the Conclusion of Prosecution Case Stage?

Answer 9

The Prosecution closes its case.

Question 10

What happens during the Submission of No Case to Answer Stage?

Answer 10

• The Defence argues the Prosecution has presented insufficient Evidence for any reasonable Court to properly Convict.
• The Prosecution is given a chance to make representations.
• If the Defence is successful, the Judge must direct the Jury to Acquit.

The Judge may make such a Direction of their own motion, and may do so at any point in the Trial.

Question 11

What happens during the Defendant’s Right to Give Evidence Stage?

Answer 11

• The Judge asks the Defence whether the Defendant will testify; and
• Ensure they have properly advised on the risk of not testifying.

If the Defendant has not been advised, the Judge must adjourn the Trial to ensure they are.

Question 12

What happens during the Defence Opening Speech Stage?

Answer 12

• The Defence may outline its case; but
• Will only be allowed to if it will call Witnesses other than the Defendant.

Question 13

What happens during the Defence Evidence Stage?

Answer 13

• The Defence examines the Defendant in Chief.
• The Prosecution Cross-Examines the Defendant.
• The Defence Re-Examines the Defendant.

The same process is repeated for Co-Defendants and Witnesses.

Question 14

What happens during the Legal Discussions Stage?

Answer 14

The Jury is dismissed to allow the Prosecution, Defence, and Court to resolve outstanding legal issues.

Question 15

What happens during the Closing Speeches Stage?

Answer 15

The Prosecution and Defence give their Closing Speeches, in that order.

Question 16

What happens during the Judge’s Summary Stage?

Answer 16

The Judge summarises the case to the Jury, providing:

• An explanation of applicable legal aspects;
• An outline of the Evidence presented on both sides; and
• A Direction to elect a Foreman and reach a unanimous decision within a reasonable time.

A ‘reasonable time’ is at least two hours, ten minutes.

If the Jury is unable to reach a unanimous decision, the Judge may not accepting anything lower than 10-2 split.

Question 17

What happens during the Jury Retirement Stage?

Answer 17

• A Jury Bailiff swears to keep the Jury in some private and convenient place and not to speak, or to allow anyone to speak, to the Jury.
• The Jury retires to deliberate.

The Jury are entitled to ask questions to the Judge by passing a note to the Bailiff.

Question 18

What happens during the Verdict Stage?

Answer 18

• The Jury informs the Bailiff they are finished, the Court reassembles, and the Foreman delivers the Verdict.
• The Defendant is either Acquitted, Convicted of the Offence Charged, or Convicted of a Lesser Offence.