Defendant Walkthrough - The Trial
The Trial
If your case goes to trial, the prosecution will present the evidence against you. You or your solicitor will be able to challenge the prosecution's evidence and present your own evidence.
Under the legal system we have in England and Wales, you are 'innocent until proven guilty'. This means that the prosecution must prove 'beyond all reasonable doubt' that you committed the alleged offence. If they do so, you will be found guilty, if they don't, you will be found not guilty and be free to leave.
In a magistrates' court, magistrates or a district judge decide whether you are guilty based on the evidence given. In a Crown Court, a jury made up of 12 people who represent 'the general public' decide. If you know anyone on the jury, tell the court and that person will be replaced.
If you want to, you may choose to give evidence yourself. You will also have to promise to tell 'the truth, the whole truth, and nothing but the truth', and either affirm or make an oath on a holy-book of your choice.
Your lawyer will usually ask you questions first, followed by the prosecution lawyer. You may also be asked questions by a magistrate, the clerk or the judge. Your lawyer can ask the judge or magistrate to stop the questioning if it is not relevant to the case.
When you give your evidence, be as clear and polite as you can. If you think you might have any language difficulties, discuss this with your lawyer so they can arrange translation or interpreting services.
Once the jury or magistrates have heard all the evidence, they talk in a private room until they all agree on a verdict. If the jury cannot all agree, the judge can accept a 'majority verdict' as long as at least 10 of the jurors agree. The verdict is announced in open court for everyone to hear.
There may be several hearings between you making a plea and the end of a trial. You may be released on bail during this time, but it is important that you go to all the hearings you are told to attend.