Victims Walkthrough - Going to court
Preparing the Case for Trial
In most cases, the defendant will plead guilty to the offence and you will not have to attend court or give evidence. However, in some cases, he or she will plead not guilty. In others he or she will plead guilty to the offence but will deny an important part of an offence which would make a difference to the sentence they could receive.
In such cases, the court will need to hear evidence from witnesses in order to decide whether or not they are sure that the defendant did the act the prosecution allege.
In either situation, the prosecution will need to prepare the case for trial. The trial may take place in the magistrates' court or the Crown Court. This will depend on how serious the offence is; the more serious offences are tried in the Crown Court in front of a judge and jury.
Magistrates' Courts
Most cases that reach court are dealt with by magistrates' courts. Magistrates will listen to all the evidence and decide whether the defendant is guilty or not. If the defendant is found guilty, or he or she admit that they are guilty, the magistrates usually decide on the sentence.
There will be either three lay magistrates - in other words, citizens who have volunteered their time to act as magistrates - or one professional District Judge.
Sitting in front of the magistrates or District Judge is the clerk who provides them with legal and procedural advice as well as dealing with administrative work. There will also be a lawyer who speaks for the prosecution, and often another one who speaks for the defendant. Wigs and gowns are not worn.
Youth Courts
Young people aged between 10 and 17 inclusive are mainly dealt with in the youth courts by specially trained magistrates.
In youth courts, no person is allowed to be present unless authorised by the court, except court officials, parties to the case (the people involved in it - normally including parents/guardians), their legal advisers, witnesses and authorised journalists. The press may report proceedings but the defendant is not normally identified.
Crown Courts
A trial in a Crown Court takes place in front of a judge and jury. The judge is there to run the trial and make decisions on the law. The jury of 12 men and women who are ordinary members of the public decide whether the defendant is guilty or not guilty.
There will also be an usher assisting the court and he or she will bring you into the court when you have to give evidence. In the Crown Court there will also be a lawyer who speaks for the prosecution, and a different one who speaks for the defendant. They may wear wigs and gowns.