Witness Walkthrough - Going to court
Will I have to go to Court?
In most cases, defendants plead guilty and so you will not have to go to court to give evidence. However, in some cases defendants plead not guilty, or they plead guilty but deny an important part of an offence that could make a difference to the type of sentence that they could receive.
In these situations, the case will have to go to trial and the court will usually have to hear evidence from witnesses in order to decide if the defendant committed the offence.
Magistrates’ Courts
Most cases that go to court are dealt with in the magistrates’ courts. In the magistrates’ court, the case will be heard by either three ‘lay’ magistrates (people who have volunteered their time) or one district judge.
A clerk sits in front of the magistrates. The clerk gives the magistrates legal and procedural advice and deals with the general administrative work. Wigs are not worn in magistrates’ courts and gowns are only worn by the usher.
The magistrates or the district judge will listen to all the evidence and decide whether or not the defendant is guilty. If the defendant is found guilty, or pleads guilty in court, the magistrates or district judge will usually decide on an appropriate sentence.
Youth Courts
Young people aged between 10 and 17 are dealt with mainly in the youth courts by specially trained magistrates.
Crown Courts
More serious cases are tried in the Crown Court. A trial in the Crown Court takes 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 the defendant is 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 you have to give evidence. The judge and the lawyers may wear gowns and white wigs in the Crown Court.