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Going to Court
At your first appearance in court you will normally be asked to enter your plea of ‘guilty’ or ‘not guilty’. If you plead guilty then the court will pass sentence. If you plead ‘not guilty’ a date for the trial will be set.
The Trial
In a criminal trial, the prosecution lawyer presents the evidence against the accused. You or your solicitor will be able to challenge their evidence and present your defence.
You may have to attend court several times between entering your plea and the end of a trial, and it is important that you go to all of them.
In a Magistrates’ Court, the magistrates or district judge decide whether or not you are guilty of the charge based on the evidence presented.
In a Crown Court, a jury considers the evidence and decides on the verdict. A jury is made up of 12 people who represent ‘the general public’. If you recognise any member of the jury you should tell the court immediately. When a jury has heard all the evidence they talk in a private room until they can all agree on their decision. If they cannot agree, the judge can allow a majority verdict if 10 out of the 12 jurors agree. One member of the jury, known as the foreman, tells the court the jury’s decision.
If you are found not guilty you are ‘acquitted’ and are free to leave. If you are found guilty you may:
- receive your sentence immediately; or
- be remanded in custody and summoned to return to court for sentencing; or
- be released on bail to return to court for sentencing
The leaflet Going to Court - Information for you contains more information about going to court, and the different types of court that there are in England and Wales. you can download this leaflet from the right hand side of this page.