Crown Court Representation

Crown Court Representation

I have been charged with an Indictable only offence and am to be tried in the Crown Court. What happens next?

Your case will begin at the Magistrates Court. If you are charged with an indictable only offence the Magistrates have no power other than to send your case straight to the Crown Court to be dealt with. If you are charged with an Either Way offence you can still be tried in the Crown Court either because the Magistrates have decided their powers are insufficient or you elect Crown Court Trial ( See Magistrates Court Representation - Either way offences)

ATTENDING COURT

Once your case has been listed at the Crown Court you must attend court as and when required. If you are on bail and fail to attend without a reasonable excuse a warrant will be issued for your arrest and you could be charged with an offence of Failing to Surrender to Bail , where you could be fined or imprisoned. Forgetting your bail date is not a reasonable excuse. If you cannot attend because you are unwell . a simple doctors note will often not suffice and a proper medical note will be required which states that you are unfit to attend Court.

CREDIT FOR A GUILTY PLEA

You should only enter a Guilty Plea if you are guilty of the charge or charges that you face. We will provide you with advice on the evidence against you and the strengths and weaknesses of the case. If you plead guilty at the first opportunity , you may be entitled to discount of up to 1/3 off your sentence . Discount is available for a guilty plea up until the date of trial however the later a guilty plea is entered the less of a discount you receive.

CROWN COURT PROCEDURE

The first hearing at the Crown Court is called a Plea and Trial Preparation Hearing ( PTPH). The purpose of the hearing is for the defendant to enter a formal plea to the charges he/she faces and for the court to set a timetable for the future progress of the case. Prior to that hearing the CPS will have served upon us initial disclosure which will enable us to identify the issues in the case and advise you on your plea.

If you fail to attend Court for your Trial the Court can proceed in your absence.

If you are found Not Guilty the case will conclude at that point and you will be released

We will however provide you with advice tailored to your specific case as it progresses.

If after deliberating for some time, the jury cannot agree a unanimous verdict, the Judge will direct a jury that the Court can accept a majority verdict. This is a verdict where at least 10 of the jury agree. If they cannot reach a majority verdict the jury will be discharged and the CPS will make a decision on whether to have a retrial

The Trial

Crown Court Trials often begin with the jury being sworn. 12 People from a panel will be selected at random to form the jury that will hear the case. The jury decide the facts of the case and the Judge directs them on the law. Once the jury is sworn in the prosecution will present their case. They will start with an opening speech to the jury outlining what the case is about and what evidence they intend to call to prove their case. They will then call each of their witnesses. If there is a witness whose evidence is in dispute , then they will be called to give live evidence and they will be cross examined by your barrister. If a witness gives evidence which is not disputed it is likely their statement will be read to the jury. Once the prosecution have called all their evidence , if we feel that the prosecution have not proved their case we can make a submission to the Judge that there is no case to answer and the case should not proceed . If the Judge agrees the case will stop and the jury will be directed to return not guilty verdicts in the case. If the Judge disagrees the defence case will start. This is where you have the opportunity to give evidence and call any witnesses in support of the defence case. Once all evidence has been called the prosecution barrister and your defence barrister will make closing speeches to the jury. The Judge will then direct the jury on the law and provide a summing up of the evidence that has been heard. The jury will then retire to consider their verdicts.

Our Gallery

GUILTY PLEAS

If you plead guilty tje Prosecution will read out the facts of the case and your Barrister will have an opportunity to respond and put forward ant mitigation you may have. Once this is done the Judge will look to sentence you. You may or may not be sentebced on that day, If the Court decide to adjourn your senbtence they may request that the Probation Service arrange to interview you so they can prepare a Pre Sentebce Report . The Pre Sentence Report provides the Judge with independent information about your personal circumstances , your risk of further offending and a range of possible sentencing options avaialble. Please note there are a large number of offences dealt with in the Crown Court where a sentence of imprisoment is inevitable and a request for a PSR by a Judge is no indication that a Non Custodial Sentence will be imposed.

When you are facing sentence there are a number of things that can help you

  •  You can obtian character referebces from significant members in your community in support of your general character.
  • You can try to take action to redress your criminal behavior , for example seek treatment for drug addiction, return stolen property etc.
  • Fully cooperate with Probation in the Preparation of any Pre Sentence Report.