You will usually be required to attend one of three courts for your trial. The Crown Court is where the most serious cases are brought, and heard by a jury and judge, who will sit at the front and usually wears robes and a wig. The Magistrates' Court is less formal, and the Magistrate will wear ordinary clothes. In the case of a child or young person who is to stand trial, this will be heard by a Youth Court, usually consisting of a panel of three people.
If the case is to be heard by the Crown Court, a Magistrate first decides that the evidence is strong enough for the case to go to the Crown Court. The hearing at which the Magistrate decides to send the case to the Crown Court is known as ‘committal proceedings’. It is also sometimes known as a Preliminary Enquiry (PE) or Preliminary Investigation (PI).
Whether the case is sent to the Magistrates', Crown or Youth Court, you will be asked whether you wish to plead guilty or not guilty. If you plead guilty, admitting to the offence, then the court will decide on an appropriate punishment. Your legal representative will inform the court of anything that may be considered in your favour, which is known as a plea in mitigation, and may result in a reduced sentence.
If you wish to plead not guilty, then a date and time will be set for your trial. All witnesses, both for the prosecution and the defence, will be called to give their evidence in court. The witnesses will be called one by one and will give their account of what happened under oath. They will appear in the witness box while you, the accused person, will be in the “dock”. The table at which the magistrate or judge sits is known as the “bench”.
At the end of the case when all the evidence has been heard, the lawyers for the prosecution and defence will then often discuss legal matters before the decision or verdict is made. If the case is in the Crown Court, there will usually be a jury of twelve citizens who will decide the verdict.
If the verdict of the magistrate, jury or judge alone (in terrorist cases) is a finding of not guilty, then you, the defendant, will be free to go. If, however, you are found guilty and convicted, then a plea in mitigation will be made in an attempt to minimise the sentence. Credit may be given for an early plea of guilty or any other factor in favour of your good character.