Trial procedure in magistrates' court and Crown Court - Stag...

Learning Outcomes

This article outlines trial procedure in magistrates' court and Crown Court, including:

• The full sequence of a criminal trial in magistrates' and Crown Court and the rationale behind each stage
• Roles and responsibilities of magistrates, district judges, juries, and trial judges, including authority over law and fact and powers at verdict and sentencing
• Burden and standard of proof, differences in prosecution and defence responsibilities, and exceptions such as diminished responsibility
• Legal and evidential burdens and the correct application of 'beyond reasonable doubt' and 'balance of probabilities'
• Stages of a criminal trial: opening of the prosecution case, evidence procedures, submissions of no case to answer, presentation of the defence case, closing speeches, and delivery of verdicts
• Procedural mechanisms, including submissions of no case to answer, legal arguments, rights of address, and the order of examination-in-chief, cross-examination, and re-examination
• Leading and non-leading questions and their practical significance for defendants, witnesses, and advocates
• Verdict mechanics and announcement, including unanimous and majority verdicts and requirements for reasons in summary proceedings
• The sentencing process following conviction, sentencing principles, available orders, and referral to the Crown Court where appropriate
• Definitions of key procedural criminal law terms, practical application in real-world practice, and techniques for SQE1-style scenarios
• A pragmatic, logical, and ordered approach to advising on the stages of any criminal trial

SQE1 Syllabus

For SQE1, you are required to understand trial procedure in magistrates' court and Crown Court and the stages of a criminal trial, with a focus on the following syllabus points:

• the full sequence and content of procedural stages in criminal trial for magistrates' and Crown Court
• function and authority of magistrates, district judges (magistrates’ courts), Crown Court judges, and juries
• operation, allocation, and roles of summary, either-way, and indictable-only offences (including venue rules and 'three strikes' burglary)
• burden and standard of proof—distinguishing prosecution from defence likelihoods
• legal and evidential burdens; reverse and ordinary burdens
• principles governing opening, evidence presentation, submissions of no case to answer, and closing speech order
• rules around competence, compellability, and special measures for witnesses (including spouse rules and youth court)
• key differences between leading and non-leading questions, and the significance at each trial stage
• procedures for 'no case to answer' submissions, their test, and the consequences of upholding or rejecting them
• verdicts: process for magistrates’, district judges', and jury decision-making, including majority/unanimous directions and retirement requirements
• post-verdict steps: sentencing, reports (e.g. pre-sentence), sentencing powers of magistrates’ and Crown Court
• written and oral reasons for verdicts and sentence
• exclusion and admissibility of evidence (including submissions under ss. 76 and 78 PACE)
• ethics and duty of the advocate in trial (especially relating to misleading the court, conduct where a client confesses guilt privately, and conflict of interest)

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 highly structured procedural sequence, balancing the need for efficiency with the fundamental requirements of fairness and legal certainty. The trial process reflects a centuries-old commitment to the rule of law and the concept of the presumption of innocence, ensuring that defendants are only convicted where the proper legal standards have been observed and applied.

This process includes a distinction between different types of criminal offences: summary only, either-way, and indictable-only. Each class of offence dictates not just the initial forum (magistrates' or Crown Court), but the process by which trial is conducted, including issues of plea, allocation, and jurisdiction to sentence. The allocation process, and the associated 'plea before venue' procedure, is particularly important for either-way offences—where both the court and, at times, the defendant play an active role in selecting the appropriate trial venue.

At each trial, distinct roles are played by judicial officers, juries, advocates, and witnesses. Rules of evidence, procedure, burden, and standard of proof operate together to determine how facts are proven and issues are resolved. This article explains each step of the criminal trial in both magistrates' and Crown Court, providing clear reference to the statutory and common law rules that form the procedure, and clarifies the mechanisms through which fairness is achieved.

Key Term: summary offence
An offence triable only in the magistrates' court.

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

Key Term: indictable-only offence
An offence triable only on indictment in the Crown Court (for example, murder or robbery).

The Structure of Criminal Trials

Magistrates' Court Trials

The overwhelming majority of criminal cases commence in the magistrates' court. Trials here are heard either by a panel of up to three lay magistrates, advised by a legal advisor, or by a single district judge (magistrates' courts).

Key Term: magistrates
Lay persons appointed to hear criminal cases in the magistrates' court, responsible for findings of fact, verdict, and sentence in most summary and either-way cases.

Key Term: district judge
A legally qualified judge sitting alone in a magistrates' court, who rules on law and fact in criminal proceedings.

The Procedural Stages of a Magistrates' Court Trial

• Plea and case management: Following charge and service of initial details of the prosecution case (IDPC), the defendant is asked to indicate a plea. If not guilty is indicated, the case is set down for trial at a later date, after standard directions and preparation.
• Opening of the prosecution case: The prosecuting advocate presents an outline of the facts, the charge(s), the relevant law, and the evidence expected.
• Prosecution evidence: Each prosecution witness is examined in chief, cross-examined by the defence, and may be briefly re-examined. Exhibits and documents are introduced. The transcript or summary of a defendant's interview (if relied upon) is formally presented. Witness competence and compellability rules apply (with exceptions for the accused, co-accused, and spouses).
• Submission of no case to answer: At the close of the prosecution case, the defence may make a legal argument that the evidence is insufficient for a conviction.
• Defence case: If the submission is unsuccessful, the defence may, but need not, present evidence (including calling the defendant to testify). Defence witnesses are examined, cross-examined, and re-examined in the same way as prosecution witnesses.
• Closing speeches: Closing arguments are then made (by the prosecution where the defendant is represented and has called evidence other than his own, otherwise normally just by the defence).
• Verdict: The magistrates or district judge will retire to consider their verdict, returning in open court. They are required to give sufficient reasons for their decision, especially in summary trials.
• Sentence: Where the defendant is convicted, a plea in mitigation is heard before sentencing. The magistrates or judge may impose any sanction within the court's powers (which may include a custodial sentence or community penalty, subject to statutory limits).

Key Term: prosecution case
The totality of facts, evidence, and argument produced by the Crown to establish each element of the offence charged.

Key Term: defence case
All evidence, facts, and argument produced to suggest a reasonable doubt on any element, to advance a defence, or to mitigate the consequences.

Key Term: sentence
The punishment or order imposed by the court following conviction (e.g., imprisonment, community order, fine).

The Mechanics of Witness Evidence and Questioning

Rules on calling, questioning, and challenging the evidence of prosecution and defence witnesses are governed by the Criminal Procedure Rules and the common law. The order is:

• Examination-in-chief (by calling party; non-leading except for non-contentious matters or hostile witnesses)
• Cross-examination (by opposing party; leading questions permitted)
• Re-examination (to clarify points arising from cross-examination only)

Key Term: examination-in-chief
The initial questioning of a party's own witness to elicit their evidence.

Key Term: cross-examination
The questioning of a witness by the opposing advocate, intended to test credibility or reliability.

Key Term: re-examination
Follow-up questions by the party who called the witness, strictly limited to matters arising from cross-examination.

Leading questions suggest their own answer and are generally not permitted in examination-in-chief except for preliminary matters or where a witness is declared hostile.

Key Term: leading question
A question that suggests its own answer (e.g., 'You saw the defendant at 10pm, didn’t you?')

Key Term: non-leading question
A question which calls for open, unprompted answers (e.g., 'What did you see, and when?')

Special Measures and Vulnerable Witnesses

Provisions exist for special measures to assist vulnerable or intimidated witnesses, including screens, video-links, and intermediaries, subject to statutory and judicial guidance.

Key Term: special measures
Procedural arrangements by the court to support vulnerable or intimidated witnesses, as authorised by law, and designed to improve the quality of evidence given at trial.

Submission of No Case to Answer

The power to make a submission of ‘no case to answer’ arises at the close of the prosecution case. The test is:

• Whether, taking the prosecution's evidence at its highest, a reasonable tribunal properly directed could properly convict. If not, the judge must withdraw the case from consideration, and the defendant must be acquitted.

Key Term: submission of no case to answer
A legal argument inviting the tribunal to dismiss the case before the defence is called, on the ground that the prosecution’s evidence is insufficient as a matter of law.

Crown Court Trials

Crown Court trials deal with indictable-only offences and with either-way offences where the magistrates’ court has declined summary jurisdiction or the defendant has elected jury trial.

Key Term: jury
A group of twelve randomly selected members of the public, sworn to deliver a verdict on the evidence.

Key Term: judge
The judicial officer presiding over the trial: rules on law, manages procedure, sums up the evidence and law for the jury, and passes sentence.

Stages of a Crown Court Trial

• Jury empanelment: Twelve jurors selected and sworn.
• Arraignment: The indictment is read out and the defendant enters a formal plea to each count.
• Opening of the prosecution case: The Crown outlines the charge and evidence to be adduced, summarising issues for the jury.
• Prosecution evidence: As in magistrates’ court, evidence is led through examination-in-chief, cross-examination, and re-examination.
• Submission of no case to answer: The test is as above; the judge must direct an acquittal if the test is not satisfied (see R v Galbraith [1981] 2 All ER 1060).
• Defence case: The defendant should be informed of their right to give evidence; if the defendant does not, an adverse inference may be drawn (Criminal Justice and Public Order Act 1994, s 35). Defence witnesses are called and examined.
• Defence opening speech: In Crown Court but not in magistrates' court, the defence may make an opening speech if the defendant intends to call witnesses other than themselves.
• Closing speeches: Prosecution and then defence make closing addresses to the jury.
• Judge's summing up: The judge explains the law, reviews the evidence, and gives directions on how to approach their task, including burden and standard of proof and any applicable legal principles.
• Jury deliberation and verdict: The jury retires and, after sufficient deliberation (at least two hours and ten minutes), is invited to return a unanimous or, if not possible, a majority verdict.
• Sentence: Sentencing may proceed immediately or be adjourned for further information or reports.

Key Term: arraignment
The formal calling upon the defendant to plead to each charge in the indictment at the start of the Crown Court trial.

The Burden and Standard of Proof

The burden of proof in criminal trials rests with the prosecution (the 'Golden Thread'—Woolmington v DPP [1935] AC 462), save for specific defences where statute reverses it (notably, diminished responsibility).

Key Term: burden of proof
The obligation to prove a fact in issue to the required standard.

Key Term: standard of proof
The degree to which the fact-finder must be persuaded: in criminal trials, 'beyond reasonable doubt', i.e., they must be sure.

Where the defence is required by law to prove an element (e.g., insanity, diminished responsibility), the standard is 'on the balance of probabilities'—that is, more likely than not. For most defences, it is sufficient for the defendant to raise an evidential issue, the legal burden remaining on the prosecution.

Competence and Compellability of Witnesses

Most witnesses are both competent and compellable, with important exceptions. The defendant is never compellable for the prosecution. A spouse or civil partner is only compellable for the prosecution in limited cases—namely, those involving specified offences against the spouse or a person under 16. Children and vulnerable witnesses may be special measures eligible.

Key Term: competence
Legal capacity of a witness to give evidence.

Key Term: compellability
Legal obligation for a competent witness to testify.

Special Features—Verdicts, Majority Verdicts, and the Role of the Jury

In Crown Court trials, the jury aims to reach a unanimous verdict. If after a prescribed period unanimity cannot be reached, the judge may direct that a verdict may be reached by a majority of 11–1 or 10–2, depending on the number of jurors remaining. Where a majority cannot be reached, the jury will be discharged and a retrial may be ordered.

Key Term: verdict
The formal decision of the court or jury on the guilt or acquittal of the defendant.

Key Term: majority verdict
A lawful decision where not all but most of the jurors agree, provided the statutory requirements are satisfied.

Announcing and Explaining the Verdict

In magistrates' courts, the panel or district judge must give sufficient, structured reasons for their verdict. In the Crown Court, the jury gives the verdict but is not required to provide reasons.

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. Without some evidence on this element, no reasonable tribunal could convict.

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 and the case must proceed. If there is some evidence on which a properly directed jury could convict, it is for the jury to determine. Only where no reasonable jury could convict will the judge uphold the submission.

Verdicts and Sentencing

On conclusion of the evidence and closing speeches, the tribunal (magistrates, district judge, or jury) must deliver a verdict. Unanimous verdicts are required in the first instance in jury trials; majority verdicts are allowed following proper judicial direction and sufficient time. In all cases, the decision must be announced in open court.

If convicted, the defendant will be sentenced by the court (either immediately or after an adjournment for reports). Magistrates' sentencing powers are limited (maximum 12 months for multiple either-way offences), but they may refer more serious cases to the Crown Court.

Where a Newton hearing is required due to a substantial dispute as to the factual basis of sentence following a guilty plea, the court may hear evidence to resolve the issue before proceeding to sentence.

Special rules govern the credit available for an early guilty plea and the forming of sentences when multiple counts or offences are involved (the totality principle). Sentences must be justified in open court with reasons.

Key Term: exclusion of evidence
The process by which the court may or must prevent the admission of certain evidence if, for example, it is unfair, unreliable, or obtained in a manner that would make its inclusion contrary to the interests of justice (e.g., under ss. 76 or 78 of the Police and Criminal Evidence Act 1984).

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• The procedural sequence of a criminal trial in magistrates' and Crown Court, including the preparation, opening, evidence, legal submissions, and conclusion.
• The rules concerning plea, allocation, and choice of trial venue for summary, either-way, and indictable-only offences.
• Roles and functions of magistrates, district judges, jury, and judge, with their respective duties regarding law, fact, verdict, and sentence.
• The operation and division of the burden and standard of proof, including legal and evidential burdens, exceptions (such as diminished responsibility), and standards to be adopted.
• Mechanisms for challenging the sufficiency of evidence, including the standard for submissions of no case to answer and the effect if upheld.
• Differences between types of questioning of witnesses; understanding of competence and compellability, special measures, and their application in both courts.
• Requirements for delivery of verdicts and the legal route for majority verdicts in jury trials, including announcement and, where applicable, sufficiency of reasons.
• The process and principles forming sentencing after conviction, such as early guilty plea discount, Newton hearings, totality principle, and sentencing powers of each court.
• Application of the rules on exclusion of evidence to ensure fairness and the proper administration of justice.
• The professional and ethical duties of trial advocates, including the duty not to mislead the court and how to proceed where a client confesses but wishes to plead not guilty.

Key Terms and Concepts

• summary offence
• either-way offence
• indictable-only offence
• magistrates
• district judge
• prosecution case
• defence case
• sentence
• examination-in-chief
• cross-examination
• re-examination
• leading question
• non-leading question
• special measures
• submission of no case to answer
• jury
• judge
• arraignment
• burden of proof
• standard of proof
• competence
• compellability
• verdict
• majority verdict
• exclusion of evidence