Our handy guide to Crown Court procedure.
Every case, regardless of how serious, starts off in the magistrates’ court. This is usually in the area local to where the offence is alleged to have been committed.
There are some offences that can be dealt with in the Magistrates’ Court or the Crown Court – known as ‘either way offences’. And there are some offences that can only be dealt with in the Crown Court – known as ‘indictable only’ offences.
It can be quite confusing to know whether your case will need to be heard in the Magistrates’ Court or the Crown Court, and whether you will have any say over where you will be tried.
This article focuses on the cases that are sent to the Crown Court to be dealt with there.
First Hearing in the Crown Court
Once your case leaves the Magistrates’ Court, the first time you will appear in the Crown Court will be for a hearing called a Plea and Trial Preparation hearing – referred to as a PTPH. This hearing usually takes placed 28 days after your first hearing in the Magistrates’ Court and in any event, not later than 35 days after the date your case was sent.
Before this hearing, it is important that you have met with your solicitor to discuss the initial evidence served in your case and also to go through what to expect on the date of the hearing. You will be given the date of the hearing but will need to speak to your Solicitor the previous working day to obtain the ‘listing’ – this is the time and court room that you case will be heard in. Your Solicitor will tell you what time you need to attend Court. Top Tip - always allow extra time to get through security.
When you arrive at Court, you will need to wait outside the court room your case is being heard in. Your barrister representing you on the day will come and find you there. Before the hearing you will have run through what to expect with your Solicitor but it can still feel daunting, especially if it is your first time appearing in Court.
Your barrister will try to secure a private and convenient place for a conference in which they will ensure you understand the nature of the charges and the evidence that exists in your case. They will go over your instructions – your version of what took place in relation to the allegation(s) that you face and then confirm the plea you will be entering in Court.
Once the conference is finished, you need to wait for your case to be called in. Your barrister may go into the court room to await your turn. When your case is ready to be called, the Usher – a person in a black gown will come and call you and show you into the court room. Generally, you will be required to go into the dock – this is a separate section in the court, usually of the court room, directly opposite the Judge. Each court configuration is slightly different so the precise layout will vary.
Once in the dock, the court clerk – the person in the row in front of the Judge – will stand and ask you to confirm your name. They will then read out the charge(s) to you. You will enter your pleas of guilty or not guilty to the charge(s).
Entering a Plea
Not Guilty Plea
If you enter a not guilty plea to all of the charges you face, the Judge will then go through a form that would have been completed by the advocates in advance of the hearing. The form will include identifying the representatives for each side, what the keys issues are and which witnesses are likely to need to give evidence at the trial.
The Judge will then make directions to ensure that the preparation of the case until the trial is completed on time with both the prosecution and defence knowing what needs to be done and by when. This is often known as case progression. The direction made by the Judge are called stage dates and they are as follows:
Stage 1: this is the date that the prosecution must serve all of the material in their case, including any unused material. This date will ordinarily be 50 days after the PTPH date for those in custody and 70 days for those on bail.
Stage 2: by this date, the defence serve a defence statement setting out their defence and making request for disclosure of particular items or posing questions of the prosecution. The defence will also need to identify which prosecution witness they will require to give live evidence at the trial. This date will generally be 28 days after the stage 1 date.
Stage 3: the prosecution must respond to the defence statement by this date addressing the disclosure requests. This date will be 14 or 28 days after the stage 2 date, depending on the proximity of the trial date.
Stage 4: the prosecution or defence must make any applications or requests y this date. The defence application usually arise as a result of the prosecution disclosure.
The Court will then set a date for both parties to serve a certificate of trial readiness as well as fix a pre-trial review hearing (known as a ‘PTR’). The trial date will then be set and the case given a time estimate setting out the anticipated length of the trial.
In an ideal world, every trial date would take place on a fixed date to give the parties certainty about when it is going to be go ahead. Unfortunately, that is not always possible. Cases that meet the criteria for a fixed date are given a trial fixture – a precise date when the trial will take place. Other cases will be given a trial date in a period when it is hoped the case will be called in. This is called a ‘warned list’ period. You can find out more about what a Crown Court warned list is here.
Guilty Plea
If you enter a guilty plea to all charges you face, the Court will need to determine whether it can proceed to sentence and if there is a basis of plea – a document which sets out the extent to which you accept the prosecution case.
In some cases, the defence may invite the Court to adjourn sentence to a later date so that they can prepare mitigation and for the preparation of a pre-sentence report (‘PSR) by Probation.
When you cases is listed for a PTPH, the Court list will generally be dealing with a number of cases having a similar type of hearing. This means that there is limited court time for anything beyond pleas being entered and the next stage of the case being determined. Your legal team will be able to advise you whether it is likely your sentence hearing will go ahead immediately or go off to another date.
There are many other considerations for sentence, which we will address separately. In brief, your basis of plea – how much you accept from the prosecution case, whether you need a Newton hearing (a trial of issue to determine the extent of your guilt), whether you have pleaded not guilty to other counts and will stand trial on those matters before you can be sentenced, whether there are co-defendants in the same case who are having a trial. In these circumstances it is common for your sentence hearing to be put back until after the trial in the linked cases.
Bail or Remand?
Once the pleas have been entered and the next dates confirmed, the Court will then confirm your release on bail reminding you of any bail conditions that may apply. Or remand you in custody if that applies.
The Court may also hear a bail application if the necessary paperwork has been lodged with the Court.
After the PTPH
The next steps will be determined by the nature of your plea. Your barrister will discuss the content of the hearing with you once it has concluded and you will be told the next steps. You will also receive correspondence to confirm what happened during the hearing and to give you the key dates and tell you what will be happening next.
It is important to keep in touch with your Solicitor as they will want to go through the evidence with you when it is served or prepare your case for the sentence hearing.
Legal disclaimer: Articles are intended as an introduction to the topic and do not constitute legal advice. The information contained herein is accurate at the date of publication but please note that the law is ever changing and evolving. If you require advice in relation to any matter raised in this article please contact a member of the team.