Trial procedure in magistrates' court and Crown Court - Stages of a criminal trial

Learning Outcomes

After studying this article, you will be able to outline the sequence of a criminal trial in both magistrates' and Crown Court, explain the roles of the judge, magistrates, and jury, describe the burden and standard of proof, and identify the main procedural stages including submissions of no case to answer, verdicts, and sentencing. You will also be able to define key terms and apply these principles to SQE1-style scenarios.

SQE1 Syllabus

For SQE1, you are required to understand the procedural stages of a criminal trial in both magistrates' and Crown Court. Focus your revision on:

• the sequence of events in a criminal trial in both courts
• the roles of magistrates, district judges, juries, and judges
• the burden and standard of proof in criminal trials
• the process and purpose of submissions of no case to answer
• how verdicts are reached and announced
• the sentencing process following conviction

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What is the standard of proof required for the prosecution in a criminal trial?
2. Who decides the verdict in a Crown Court trial?
3. What is a submission of no case to answer, and when can it be made?
4. What is the main difference between a summary offence and an indictable-only offence in terms of trial venue?

Introduction

Criminal trials in England and Wales follow a structured sequence of stages, designed to ensure fairness and clarity. Most cases begin in the magistrates' court, but more serious offences are tried in the Crown Court. Understanding the order of trial events, the roles of the participants, and the key legal principles is essential for SQE1.

The Structure of Criminal Trials

Magistrates' Court Trials

Most criminal cases start and finish in the magistrates' court. The trial is heard by either a bench of lay magistrates or a district judge.

Key Term: magistrates
Lay persons appointed to hear criminal cases in the magistrates' court. They decide guilt and sentence in summary and either-way offences.

Key Term: district judge
A legally qualified judge who sits alone in the magistrates' court and decides both law and fact.

Key Term: summary offence
A criminal offence that can only be tried in the magistrates' court.

Key Term: either-way offence
An offence that may be tried in either the magistrates' court or the Crown Court, depending on seriousness and other factors.

Stages of a Magistrates' Court Trial

1. Opening of the prosecution case: The prosecution outlines the charge and the evidence to be called.
2. Prosecution evidence: Prosecution witnesses are called and examined, then cross-examined by the defence.
3. Submission of no case to answer: After the prosecution case, the defence may argue that the evidence is insufficient for conviction.
4. Defence case: If the case continues, the defence presents its evidence and calls witnesses.
5. Closing speeches: Both sides may summarise their cases.
6. Verdict: The magistrates or district judge decide whether the defendant is guilty or not guilty.
7. Sentence: If guilty, the court moves to sentencing.

Key Term: prosecution case
The evidence and arguments presented by the prosecution to prove the defendant's guilt.

Key Term: defence case
The evidence and arguments presented by the defence to challenge the prosecution's case or raise a defence.

Key Term: sentence
The punishment or order imposed by the court following a conviction.

Submission of No Case to Answer

After the prosecution has presented its evidence, the defence may make a submission that there is "no case to answer." This means the prosecution's evidence is insufficient to support a conviction, even if taken at its highest.

Key Term: submission of no case to answer
A legal argument made by the defence that the prosecution's evidence is insufficient to require a response from the defendant.

Crown Court Trials

Serious offences (indictable-only and some either-way offences) are tried in the Crown Court before a judge and jury.

Key Term: indictable-only offence
An offence that can only be tried in the Crown Court.

Stages of a Crown Court Trial

1. Jury empanelment: Twelve jurors are selected to decide the facts.
2. Arraignment: The defendant is formally charged and enters a plea.
3. Opening of the prosecution case: The prosecution outlines the case to the jury.
4. Prosecution evidence: Prosecution witnesses are called and cross-examined.
5. Submission of no case to answer: The defence may argue that the prosecution's evidence is insufficient.
6. Defence case: The defence presents its evidence and calls witnesses.
7. Closing speeches: Both sides summarise their cases to the jury.
8. Judge's summing up: The judge explains the law and reviews the evidence for the jury.
9. Jury deliberation and verdict: The jury retires to consider its verdict and announces it in open court.
10. Sentence: If guilty, the judge imposes sentence.

Key Term: jury
A group of twelve lay people who decide the facts and deliver a verdict in Crown Court trials.

Key Term: judge
The legal professional who presides over the trial, rules on law, and sentences the defendant.

The Burden and Standard of Proof

The prosecution must prove the defendant's guilt. The standard is "beyond reasonable doubt"—the court or jury must be sure of guilt to convict.

Key Term: burden of proof
The obligation on the prosecution to prove the defendant's guilt.

Key Term: standard of proof
The level of certainty required for a conviction—"beyond reasonable doubt" in criminal cases.

Worked Example 1.1

Scenario:
A defendant is tried in the magistrates' court for theft. After the prosecution calls its witnesses, the defence submits there is no case to answer because the prosecution has not produced any evidence that the property belonged to another.

Answer:
The magistrates should uphold the submission and dismiss the case. Proof that the property belonged to another is an essential element of theft.

Worked Example 1.2

Scenario:
In a Crown Court trial for robbery, the prosecution presents its case. The defence makes a submission of no case to answer, but the judge finds there is some evidence on which a jury could convict.

Answer:
The judge should reject the submission. If there is any evidence on which a jury could properly convict, the case must proceed.

Verdicts and Sentencing

After hearing all the evidence and closing speeches, the magistrates, district judge, or jury must decide on a verdict. In the Crown Court, the jury must try to reach a unanimous verdict, but a majority verdict may be accepted in some cases.

If the defendant is found guilty, the court proceeds to sentence. Sentencing may occur immediately or after reports are prepared.

Key Term: verdict
The formal decision of the court or jury as to whether the defendant is guilty or not guilty.

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• The sequence of a criminal trial in magistrates' and Crown Court.
• The roles of magistrates, district judges, juries, and judges.
• The prosecution bears the burden of proof to the standard of beyond reasonable doubt.
• The defence may make a submission of no case to answer after the prosecution case.
• Verdicts are delivered by magistrates, district judges, or juries, depending on the court.
• Sentencing follows conviction and is imposed by the court or judge.

Key Terms and Concepts

• magistrates
• district judge
• summary offence
• either-way offence
• indictable-only offence
• prosecution case
• defence case
• submission of no case to answer
• sentence
• jury
• judge
• burden of proof
• standard of proof
• verdict