Witness Walkthrough - The Trial
Before the Trial
Under the legal system we have in England and Wales, the prosecution must prove beyond all reasonable doubt that the defendant committed the alleged offence. The defence lawyer (or the defendant if they are representing themselves) assesses the prosecution's case, argues against it and, where necessary, provides their own evidence.
The Trial
The trial begins with the prosecution explaining the facts of their case to the court. The prosecution will then call each of their witnesses in order. Once the prosecution have presented their case, the defence will call their witnesses.
Giving Evidence
When you are called, you will be brought into the court and shown to the witness box. If you are a witness for the prosecution, the prosecution lawyer will ask you questions first, then the defence lawyer will ask you questions.
If you are a witness for the defence, the defence lawyer will ask you questions first, then the prosecution lawyer will ask you questions. This is known as cross-examination.
Once you have given your evidence, the court will let you leave the witness box. You will usually be free to leave the court but you should not leave until you are told to do so.
You may prefer to stay and watch the rest of the trial. If you want to do this, check with the clerk or the Witness Service first and they will let you know if that is alright.
After both sides have presented all their evidence, the prosecution lawyer and the defence lawyer will give closing arguments to sum up their cases. Depending on where the case is heard, the jury, the magistrates or the district judge will then decide whether or not the defendant is guilty.
Sentencing
If the defendant is found guilty or admits that they are guilty, the magistrates, district judge or judge decide on the sentence.
If a defendant is found guilty of an offence, they might be given any number of sentences. They might be sent to prison, fined or given one of the many community sentences that are available. A wide range of factors will influence what sentence is given.