Defendant Walkthrough - The trial FAQ

Frequently Asked Questions Page
 
  • What is the Crown Prosecution Service (CPS)?
    top

    The CPS is the independent authority responsible for deciding the charge based on the evidence collected by the police, and for prosecuting people charged with criminal offences in England and Wales. The CPS is a public service and prosecutes defendants on behalf of the public, not just the victim. They work with the police to ensure that the right charges are laid and prosecute where there is sufficient evidence for a realistic prospect of conviction.

  • Who will prosecute the case in court?
    top

    In magistrates’ courts, a Crown Prosecutor will prosecute most cases, although if there is more than one hearing it will not always be the same Crown Prosecutor who attends court. If the case goes to the Crown Court, a barrister will usually be appointed to prosecute the case on behalf of the CPS. A CPS caseworker will deal with the administration of the case and will support the barrister in court.

  • Will the Jurors be representative of all communities?
    top

    The jurors are called at random from the electoral register. Everybody on the electoral register has an equal change of being selected, regardless of what community they come from.

  • Can I choose who sits on the jury for my case?
    top

    No. However you must object to someone sitting on the jury if you think you may know them. Please indicate by raising your hand from where you stand. (The court clerk will explain this at the start of the hearing.)

  • Is there a time limit on how long the jury can deliberate?
    top

    There is no limit to the time the jury can spend discussing the case and they will try to reach a decision upon which they all agree. However the judge may eventually ask for a majority decision. This is a decision agreed on by most but not all of the jury. Normally at least 10 of the jury must agree.

  • When can a majority verdict be accepted?
    top

    A majority verdict is when all the jurors cannot agree and the judge decides that they will accept the decision if at least 10 of the jurors agree. A majority decision can only occur when the judge considers that enough time has elapsed. This will depend on the case, but could be a very long time (if the jury has been reduced, the judge can accept a majority of 9 out of 10 jurors).

  • What is taking the oath or affirming?
    top

    If you decide to give evidence, then before you give your evidence you will be asked to take an oath on a holy book of your choice, or if you prefer you can choose to affirm instead. The usher should ask you about your preference beforehand. You will swear or affirm that the evidence you are about to give is “the truth, the whole truth and nothing but the truth”.

  • What Holy Books will be available for me to take my oath?
    top

    Oath cards and holy books are available for several religions. If you want to take the oath on a holy book, please tell the court official which book you require as soon as you can. The official can then arrange to have that oath card and holy book ready for you.

  • English is not my first language, may I have an interpreter?
    top

    Yes, that can be arranged. Please tell your solicitor as soon as possible.

  • I have limited mobility, can anyone help me?
    top

    Yes, just let your legal representative know what you require. The court can be notified and arrangements can be made.

  • I have a hearing impediment and I am worried that I may not hear what is said in court. What help can be given to me?
    top

    Most courts have some kind of amplification or hearing loop equipment. Simply tell your legal representative who will ask the court to make the arrangements on your behalf. The Court staff will tell you how it is operated.

  • What are the possible outcomes of the trial?
    top

    Not Guilty - If you are found not guilty this means you have been acquitted and are free to go. The police will continue to investigate the crime and try to find who did it if they think there is more evidence to be found. Currently, you cannot be tried twice for the same offence.

    Guilty - If you are found guilty then you will be sentenced. The section of this website on Sentencing gives more information on possible sentences.

    Retrial - It is possible that a retrial may be called. There are a number of reasons this could happen and the judge will outline the reasons at the time.

DirectGov