Defendant Walkthrough - Who's who in court?
There are three kinds of court that you may be called to: a magistrates’ court, a Crown Court, and a youth court (which may be held in a magistrates’ court building).
Who is in court and how it is set up depends on what type of hearing it is. For the first hearing, there are likely to be you, the defence and prosecution solicitors and the magistrates. If your case then goes to trial in the Crown Court, there may be a jury and witnesses at later hearings.
Magistrates’ courts and Crown Courts are usually open to the public (including friends and relatives of those involved in the case) and often have a section for the public to sit in. In a youth court, members of the public are only allowed if a court official invites them and the court agrees.
Magistrates’ courts
Most cases that go to court are dealt with in magistrates’ courts. In a magistrates’ court, the case will first be heard by one, two or three magistrates (sometimes called justices of the peace or JPs), or one district judge. There is no jury in a magistrates’ court.
A clerk sits in front of the magistrates and gives them legal and procedural advice and deals with the administrative work. Wigs are rarely worn in magistrates' courts but the usher may wear a gown. You may be asked to sit in the dock.
If you have pleaded not guilty, the magistrates or the district judge will listen to all the evidence and decide whether or not you are guilty. This is not all likely to happen at the first hearing. If you are found guilty, or plead guilty in court, the magistrates or district judge will usually decide on an appropriate sentence.
Youth courts
Young people aged from 10 to 17 are dealt with mainly in the youth courts by specially trained magistrates and district judges and no jury. You can get more information on youth courts and other issues concerning young people at www.rizer.co.uk.
Crown Courts
More serious cases are heard in a Crown Court. If you have pleaded not guilty, a trial will take place in front of a judge and a jury. The jury of 12 members of the public will listen to all the evidence and decide if you are guilty or not.
The judge is there to make decisions on legal issues and decide on the sentence. An usher helps out at the court and will bring you into the court when your case is called. The judge and the lawyers (solicitors and barristers) may wear gowns and white wigs.
Making a plea
The court process is often long and complicated. To make it easier for you and everyone else, you should get advice from a solicitor as soon as possible, and you must make sure you turn up to court.
At court you will be known as the defendant. This is another word for the accused, and means that you are there to defend the charges against you. Your solicitor will be known as the defence solicitor.
The other side is the prosecution. Normally, the Crown Prosecution Service (who are independent from the police), prepare and present the charges against you.
There are several stages in the court process, and at your first appearance you will normally be asked to plead guilty or not guilty to the offence or offences you are charged with. Your solicitor will be able to give you advice to help you decide how to plead.
If you committed the offence, you can plead guilty at any stage in the process. The earlier you plead guilty, the more likely you will be to receive a lower sentence, and the earlier the plea, the greater the ‘sentence discount’.
If you plead guilty, the court will then pass sentence (go to the ‘Sentencing’ section of this website to see what will happen). If you plead not guilty, the case will probably go no further that day, and a date will be set for your next hearing. The court will also decide if you will be given bail while you wait for the trial.