Court procedure
The prospect of appearing in court can be scary. Let TheSite.org give you the lowdown on what you can expect to happen.
1. The Magistrates' Court
Why am I here?
If you're 18 or over, and have been charged with committing a criminal offence, you are required to attend a hearing in court. In England and Wales, over 95% of criminal cases are dealt with in more than 700 magistrates' courts. Such cases can be divided into three categories:
- Summary Offences
These are lesser offences, such as minor assault or motoring offences. Cases such as these are usually heard by a panel comprising at least two magistrates (up to a maximum of seven) known as a Bench and a Court Clerk. - Either-way offences
These are cases that can be heard by a magistrate or at a Crown Court before a judge and jury. Theft or handling stolen goods may be considered either-way offences. A Crown Court can impose stiffer sentences, if found guilty. - Indictable-only offences
These are serious charges, such as manslaughter, murder, rape and robbery, which are always heard at a Crown Court, before a judge and jury.
What happens inside?
A magistrates' hearing can take place in a court room, with a gallery for the general public, or in a private room (although people connected to the case such as witnesses and solicitors may be invited to attend).
Going to court can be stressful. If you're at all concerned, you can contact the Customer Services Officer at the court in which you are due to appear.
The Customer Services Officer can do the following:
- Arrange for you to tour the court in advance, and familiarise yourself with the surroundings;
- Make sure you avoid contact with any other party involved in the case, should this be an issue, for example, in cases of assault.
On the day of the case, your solicitor or defence representative will arrange to meet you outside the courtroom. No doubt you will be feeling tense, but they will understand how you're feeling, and be supportive throughout.
What do I plead?
At the beginning of the case, you will be read the charges, and asked to plead guilty or not guilty.
- If you admit you are guilty, the magistrates will hand down a sentence. This may be a prison term, community service or a fine. The maximum sentence a magistrate can pass down is six months imprisonment, or a £5,000 fine.
- If you plead not guilty, your case will be heard in full. This means you will have an opportunity to present the case for your innocence (with the help of a defence lawyer), while the prosecution lawyer will also have a chance to prove that you are guilty. Witnesses may also be called, and you might also have to answer questions from either side.
- If you are found not guilty, or 'acquitted', you are free to leave the court with your name cleared. If you are found guilty, having pleaded otherwise, you will face a prison term, community sentence or fine.
2. Crown Court
Why am I here?
Cases heard by Crown Court will have been transferred there by the Magistrates' Court, to be tried by a judge and jury. There are different reasons for this:
- The charges are 'indictable-only' such as manslaughter, murder, kidnapping, fraud, armed robbery and rape. This means a jury must hear the trial and give their verdict;
- The case has been heard by a Magistrates' Court, and the defendant found guilty, but sentencing has been referred to the Crown Court for a tougher sentence than the magistrates are able to issue. This may happen if details have emerged during the case that warranted a greater punishment;
- A magistrates' court will have referred the case for appeal.
What happens inside?
- There are 90 Crown Courts in England and Wales. The most famous is The Old Bailey in London, where the most serious/high profile cases are heard.
- A judge and jury of 12 people will hear the case, along with defense and prosecution lawyers. There will also be a gallery for members of the public and the press.
- The defendant is expected to take a seat on the dock (a raised platform) and stand when requested. Understandably, this can be an intimidating experience, but as the case proceeds things become more familiar.
- The average trial lasts for a day or so, but can extend into weeks and months if the evidence is complicated (i.e. in fraud trials).
What do I plead?
- The guilty/not guilty plea procedure is much the same as it is in a Magistrates' Court. The difference is that the judge can hand down stiffer sentences, and if you plead not guilty then the jury will hear your case.
- At the end of the trial, the jury will retire to a private room to discuss the case and decide whether you are guilty or not guilty.
- The debate inside this room is highly confidential. Once a decision has been made, the head juror will pass the verdict to the judge.
- If the jury finds you not guilty then you are free to leave the court. If they find you guilty then the judge will pass sentence. In a Crown Court, if the crime is serious this can extend to a recommendation of life imprisonment.
3. Youth Court
Why am I here?
If you are aged between 10 and 17 and charged with an offence, the case will be heard at a youth court. This is usually held at a Magistrates' Court, but at a different time from adult cases, or in a room set apart from the others.
In serious cases, such as murder, if the defendant is 14 or over, the case may be heard at Crown Court.
What happens inside?
- The purpose of a youth court is to maintain the welfare of the defendant, especially if they are very young. The case is still heard in full, but explained to the defendant in terms they understand.
- Media coverage and public access is heavily controlled. In many cases, the media may be banned from reporting the case in order to protect the identity of the defendant. Under certain circumstances, for example if the crime is serious or a matter of national interest, the reporting ban may be lifted.
What do I plead?
- No conviction is sought in a youth court. Instead, magistrates can make a 'finding of guilt'.
- Rather than handing down a sentence, magistrates can issue an order made upon that finding.
- Depending on the crime, and the circumstances of the case, this could be anything from a fine to a community punishment or detention and training order.
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