Court proceedings for trial

During a criminal trial, the prosecution presents their case supported by evidence, and the defence challenges 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.

Source:

Rights of Women

Once the trial begins, any legal arguments or matters about the evidence can be discussed at the beginning or at any point during the trial.

Juries are members of the public, unrelated to the case who 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 to serve unless they have particular types of criminal convictions or mental disorders. The prosecution and the defence cannot exclude jurors unless they have a good reason.

If a jury knows someone involved with the case, the Judge will ask them to excuse themselves.

Source:

Rights of Women

In the Crown Court, the trial begins with a round of opening speeches to set the summary of the legal arguments.

The CPS prosecutor may cover the following in their speech:

• Charges on the defendant.

• Who will be giving evidence and why.

• The evidence (also referred to as "the burden and standard of proof").

The defence's speech will aim to lay out the issues in dispute in the case to show the defendant was not guilty. If the defence decides not to do this, the jury may be shown the defendant’s statement.

If your case is being held in a magistrates court

The case will be presented before a single District Judge or three magistrates.

Before the opening speech, the legal teams will discuss any outstanding legal issues, for example about evidence.

The prosecution usually makes an opening speech presenting a summary of the legal arguments. The court can invite the defence to make a short speech to identify any issues with the case.

Source:

Rights of Women

Date checked: 31.05.2020

The prosecution’s evidence may include witnesses giving evidence in court or having their statements read to the jury by the prosecutor.

The survivor is usually the first person to give evidence and after you have given your evidence the prosecution will call any other prosecution witnesses that they have.

When a defendant doesn't wish to dispute a witness statement, he may consent to this being read or played to the jury if it was video recorded. In certain limited circumstances, a statement can be read to the jury even if the defendant does not consent (e.g. with the permission of the judge where the witness doesn't wish to testify because of fear).

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.

For example, if you told someone about the assault soon afterward that person may be called to tell the court what you said. This is known as "recent complaint evidence". This evidence is often given a high level of importance.

This could be through live testimony or through a statement being read in court - again, statements are commonly read when defendants do not contest the evidence.

Defendants are unlikely to contest scientific or DNA evidence. Undisputed evidence may also be presented to the court through "admissions". These are formal agreements between the prosecution and defence, which are put in writing and read to the court. They detail the facts in the case that both sides agree on.

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.

Source:

Rights of Women

Date Checked: 24.05.2020

At the end of the prosecution's case, a submission of no case to answer is an argument made by the defense. This is possible in both the Crown Court and the Magistrate's Court.

During a criminal trial, it is the responsibility of the prosecution to prove that an offense took place, not the responsibility of the defendant to prove that it did not happen.

Two outcomes could arise:

1) It is possible for the judge to find the defendant not guilty and end the case if the judge considers that there has not been sufficient evidence presented during the case for the jury to convict the defendant. This situation might arise if the evidence produced by the prosecution is shown to be unreliable in cross-examination. Some examples of such an event are when the key witnesses contradict themselves or change their account of events.

2) The judge could reject the submission of no case to answer if there is a strong enough case against the defendant. In this situation, it will be the defendant’s turn to present evidence. In the situation where the defendant was charged wrongly of the offense, the case could end at this point in a trial.

Source:

Rights of Women

The defence case starts as soon as the prosecution case ends.

If the defendant would like to call a witness other than themselves, their representative will then summarise the defence case.

Source:

Rights of Women

Checked 24.05.20

The defence case must begin with the defendant’s evidence if they are choosing to give evidence. This will be followed by any other evidence or witnesses they have. These witnesses may support the defendant’s account of events, or be character witnesses who will speak of their knowledge of the defendant’s character.

A defendant does not have to give evidence, although the jury or magistrates may be entitled to take this into account when reaching a verdict.

The evidence will be presented in the following way:

• Defence witnesses will be called (including the defendant if they are giving evidence) and will be examined-in-chief by their lawyer.

• Defence witnesses will then be cross-examined by the prosecution.

• They may be re-examined by the defence lawyer.

Important note: a defendant can only be asked about any previous convictions they have 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.

Source:

Rights of Women

Checked 24.05.20

After the defence has made their case, both the prosecution and then the defence address the jury in their closing speeches.

The prosecutor and defence barristers will both summarise their side of the case to the jury, emphasizing 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.

Source:

Rights of Women

Date checked: 31.05.2020

If the case is heard in the Crown Court, the judge will summarise the case for the jury. The judge’s summing up consists of two parts – directions in relation to the law, and a summary of the evidence. 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.

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 survivors and those who are accused. The judge, in her or his summing up, will tell the jury to deal with the case without prejudice or resorting to stereotypes and may direct them as follows:

• To avoid making assumptions based on stereotypes as to who a ‘typical survivor’ 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 survivor will react to the experience of sexual assault, some survivors will display signs of distress and others will not.

• That it would be wrong to assume that a survivor 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 survivor not ‘fighting back’ should not be taken to mean that they 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 the quality of memories can be affected by trauma.

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.

Alternatively in a Magistrate's Court, the magistrates or District Judge will be given any advice on the law they need from the legal adviser who sits next to them and will then retire to consider their verdict.

Source:

Rights of Women

Date checked: 31.05.2020

The jury or the magistrates or District Judge will find the defendant either guilty or not guilty.

If someone is found guilty then they will be sentenced for the offence. Sentencing can happen immediately after the verdict or at a future hearing after pre-sentence reports are obtained on the defendant.

If the jury finds the defendant not guilty then they are acquitted of the offence and no further action can be taken against them. 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 magistrates, District Judge or 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).

Source:

Rights of Women

Checked: 24.05.20

The defendant has the right to appeal against his conviction and/or sentence. Within 28 days of conviction or sentence, a notice of appeal has to be lodged with the Crown Court. However, a defendant can apply for permission to appeal outside of the time limit.

Appeals from the Crown Court can be requested to the Court of Appeal.

Source:

Rights of Women

Date checked: 31.05.2020

The Victims’ Code states that if you do not understand or speak English you are entitled to request interpretation into a language you understand when giving evidence.

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;

• where it is essential for the purposes of the interview or court hearing for you to see a particular document, a copy of the relevant parts of the document;

• the document informing you of the date, time and place of trial; and

• the outcome of criminal proceedings and at least brief reasons for the decision where available.

If a decision is made not to provide interpretation or translation services, you are entitled to make a complaint to the service provider (usually the police or CPS) about this.

Source:

Rights of Women

Date checked: 31.05.2020

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 the 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 not allowed for a legal reason does not go before a jury.

If 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.

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. During the trial they will have to sit in the public gallery.

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.

Source:

Rights of Women

Date checked: 31.05.2020

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.

Whoever makes the decision about whether or not the defendant is guilty of the offence, whether that is the magistrates, the judge or the jury, have to be sure that the defendant is guilty before they can convict them. If they are not sure they must acquit.

It is the prosecution’s responsibility to present enough evidence so that the jury or magistrates are sure. If a defendant is found not guilty, it does not necessarily mean that the jury or the magistrates/ district judge did not believe the survivor, it means that there was insufficient evidence for them to be sure that the defendant was guilty of the offence that they were charged with.

Source:

Rights of Women

Date checked: 31.05.2020

Special measures are practical steps that are taken to make the process of giving evidence at trial less intimidating for vulnerable and intimidated witnesses. They are available under section 19 of the Youth Justice and Criminal Evidence Act 1999 (YJCEA 1999).

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. When deciding whether 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 eligible witnesses give evidence are:

• Placing a screen in the courtroom so the defendant and witness cannot see each other.

• Giving evidence by a live link, meaning you will give evidence from outside the courtroom and appear on the screen for the judge, jury, prosecution and defence 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.

• 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.

• The judge and lawyers can remove their wigs and gowns to make the witness feel more comfortable.

• Video-recorded evidence. 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.

• Examination of a witness through an intermediary, where someone is 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.

In addition to special measures, the YJCEA 1999 offers the following additional protections for witnesses:

• Preventing victims of sexual offences from being cross-examined by the defendant themself (this means they cannot ask you questions themself, it has to happen through 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.

• 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.

If you have experienced sexual violence you are automatically entitled to receive special measures (although you can decide not to receive them if you wish). 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. How you feel about giving evidence and what special measures are available may be discussed with you when you make a Victim Personal Statement.

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).

Source:

Rights of Women

Date checked: 31.05.2020

At the trial, your case will be challenged in court by the defence (the offender). It is the responsibility of the defendant’s legal representative to put the defence case (the defendant’s explanation or version of events) to you.

This process is called cross-examination.

The defendant is not allowed to ask you any questions himself or speak to you directly. The defence barrister (or solicitor) may state that you consented to sexual activity or that the defendant reasonably believed you were consenting. Alternatively, she or he may argue that you are unable to be sure whether or not an offence was committed or that it was the defendant who committed it.

A set of questions will be asked to authenticate your credibility. This means questions may be asked that are intended to make you appear untruthful, mistaken or unreliable. Inconsistencies between the account of the offence that you gave to the police and the account that you gave to another person or the court may be drawn to your attention and you may be asked to explain them. You can deal with these questions with a firm denial of the defendant’s account and the development of your own.

In cross-examination, there are no rules preventing leading questions. This means that you can be asked questions that suggest an answer such as, “You did not leave the café until after 11 pm did you?” Defence barristers (or solicitors) are bound by ethical rules which mean that they should not ask questions that are intended to insult, degrade or annoy you. The responsibility lies with the judge (or magistrates) for making sure that the questions put to you in cross-examination are asked politely and are relevant to the issues in the case.

The prosecution barrister may also intervene if she or he feels that particular questions are unfair. Whatever you are asked, listen carefully to the questions and take your time in answering. You should not feel rushed or pressured into giving an answer.

Source:

Rights of Women

Date checked: 14.06.2020

There are limits on cross-examining a survivor on their previous sexual history (including their sexual orientation). The defence is not allowed to ask about a past sexual experience without the judge’s permission, and the judge should not give that permission unless major conditions are met.

If the defence does want to ask about your previous sexual history, they have to get permission from the court. This will involve the defence arguing why this information is important and the prosecution can argue why it is not.

If the judge decides to allow these questions about your past sexual behaviour, the prosecutor must tell you. The prosecutor will also tell you about any special measures that will be put in place to help you give evidence. You deserve to feel safe.

You may also be asked questions about previous reports you gave to the police or others about other experiences of sexual violence, but you can't be asked leading questions that produce "evidence" about your sexual habits that may make you seem untrustworthy. Any questions asked or evidence obtained from your questioning must relate to your specific actions and not your character. The court can only talk about the things you have done, not lead the jury to believe who you are.

If you had a past relationship with the defendant, the prosecution can refer to that relationship to put your offence in context. If you're worried about your sexual past being brought up, you can speak to the prosecutor before you give evidence. The prosecutor does not have to change how they run their case, but they should listen to you and consider your needs if you're uncomfortable.

What questions might they ask you in the trial and what questions will they leave out?

It is not possible to say what questions may or may not be asked as it depends on the facts of your case and your judge, but the courts will want to know if the questions are relevant.

The following is a list as to what questions could be allowed and asked:

• Where the defendant claims you consented to the act and establishes that past sexual activity between the two of you was consensual, or they have had a recent close relationship with you, questions may be allowed to show that the defendant believed you were consenting at the time of the offence.

• Where the defendant says you consented to other sexual behaviour (not necessarily with them) around the same time as the alleged assault, questions about this other sexual behaviour may be allowed.

• Where the defendant says you consented to the act, and other sexual behaviour was so similar to the act, questions may be allowed unless the similarity can be explained as a coincidence.

Still, questions are only permitted when your answers are necessary to the defendant’s specific defence, like if they're relevant to the question of your consent. Evidence about your previous sexual relationships with the defendant can only be heard if it fits within certain limited categories and if ignoring these questions could make other convictions unsafe.

Important: The courts have a duty to ensure the defendant has a fair trial. You may want to consider how you would respond to questions about your sexual history before your trial.

Source:

Rights of Women

When a person gives evidence, they are asked questions by the prosecution and defence. You are likely to be the first person to be called to give evidence. Evidence is the answers that you give to the questions. And the magistrates/jury will use this evidence to reach a decision. Before giving evidence, you will be asked to take an oath to tell the truth.

Evidence-in-chief is part of your evidence discussing what happened. It can be a written statement, or a video statement (which can be played in court). Then the prosecutor will ask you questions about your statement to explain what happened. You will not be allowed to read your statement, but to look at a specific point to refresh your memory.

The prosecutor is not allowed to ask you questions that suggest a particular answer. Listen carefully to the questions, take your time to answer them and speak clearly. It is important to give the court as much truthful information as possible. If you don’t know something, say so. If you can’t remember something, say so. Be honest about the offence, for example, how much alcohol you consumed or how you knew the defendant.

Source:

Rights of Women

Date checked 06.06.2020

Once you have been cross-examined the prosecutor may want to ask you some further questions. This is known as re-examination and its purpose is to allow you to clarify any issues raised during the cross-examination. This is likely to be very brief – just a few questions.

Source:

Rights of Women

Date Checked: 14.06.2020

In addition to answering prosecution and defence questions, you may also be asked questions by the magistrates or judge.

Sometimes in Crown Court trials, jurors ask questions by sending notes to the judge. The judge deals with these by sending the jury out of court and talking to the barristers about how to deal with the jury note. Once there is an agreement about the best way to deal with the question, the judge will send for the jury and deal with the question as far as they can. The judge may ask you the question directly or allow the prosecuting or defending barrister to ask you.

Source:

Rights of Women

Date Checked: 24.05.20

If the court has to break in the middle of your evidence, either over lunch or overnight, you will be asked by the judge not to speak to anyone about it. This includes the CPS or the police. This is to make sure that the evidence you give is not affected by anyone else’s view.

Source:

Rights of Women

Date Checked: 24.05.20

Once you have given your evidence, the prosecutor will make an application to the court to ask for you to be allowed to leave the court building. If you wish, you can stay in court and watch the rest of the trial from the public gallery. You should not discuss your evidence with any of the witnesses who have yet to give evidence. If you do this, the defence may try to suggest that you have behaved inappropriately, and the defendant cannot have a fair trial.

Source:

Rights of Women

Date Checked: 14.06.2020

When the trial was in the Magistrates’ Court:

The magistrates or district judge decide whether or not the defendant is guilty.

• If the verdict is decided by magistrates, sometimes they don’t all agree on a verdict. If there are 2 out of 3 magistrates with one view, this is enough for the verdict to be given. If there are only 2 magistrates and they don’t agree, then the case will be reheard by different magistrates.

• If the verdict is decided by a district judge, then their decision is the verdict.

When the trial was in the Crown Court:

All members of the jury should agree on a verdict within a specific time. Otherwise they can agree on a majority verdict. This is where 11 agree and 1 disagrees or where 10 agree and 2 disagree.

If the jurors are unable to agree, the judge will release them. Then the CPS can hold a second trial of the defendant, with a different jury.

In case the jury doesn’t agree again, there can only be a third trial under these circumstances:

• The jury has been bribed or coerced; and

• there is additional evidence that has recently come to light and was not available earlier.

Source:

Rights of Women

Date checked: 06.06.2020

If the trial was heard in the Crown Court, the defendant has a right to appeal a conviction and/or sentence.

If the trial was heard in the Magistrates' Court, the defendant can lodge a notice of appeal at the Magistrates' Court within 21 days of a sentence (even if the appeal is only against conviction). However, the defendant can apply to extend this time limit.

Source:

Rights of Women

Date Checked: 31.05.2020