A Crown Court trial decides whether a defendant who has pleaded not guilty is guilty or not guilty. A jury of twelve members of the public decides the facts and a judge decides the law, manages the hearing and passes sentence if there is a conviction. Most trials last between one day and a week; serious cases can run for months.

Before the trial starts

Arrive before the time on the daily list, usually 10am or a "not before" time, and tell the usher for your courtroom that you are there. Defendants on bail surrender to the court; defendants in custody are brought up from the cells. Witnesses wait separately, and prosecution witnesses are looked after by the Witness Service. Juries are selected from a larger panel, and either side can challenge a juror for cause, although this is rare.

The order of a trial

  1. The jury is sworn and the charges are read.
  2. Prosecution opening. The prosecution advocate tells the jury what the case is about and what evidence they will hear.
  3. Prosecution evidence. Witnesses give evidence in chief, are cross-examined by the defence, and may be re-examined. Statements that are not disputed can be read. Exhibits such as CCTV, phone records and documents are shown.
  4. Half time. After the prosecution case the defence can argue there is no case to answer. If the judge agrees, the defendant is found not guilty without the defence calling evidence.
  5. Defence evidence. The defendant may give evidence, but does not have to. If they choose not to, the jury can be told it may draw conclusions from that silence in some circumstances. Defence witnesses follow.
  6. Closing speeches. The prosecution, then the defence, address the jury.
  7. Summing up. The judge explains the law the jury must apply and summarises the evidence.
  8. Verdict. The jury retires. It must first try to reach a unanimous verdict. After at least two hours, and often much longer, the judge may accept a majority verdict of at least ten to two. If the jury cannot agree it is discharged and the prosecution decides whether to seek a retrial.

After the verdict

A not guilty verdict ends the case; the defendant is free to go and bail ends. After a guilty verdict the judge either sentences at once or adjourns for a pre-sentence report, and decides whether the defendant is remanded in custody or on bail until then.

Terms you will see on the daily list

  • Trial, with a time estimate, for example "trial (3 days)".
  • Part heard: the trial started on an earlier day and is continuing.
  • Floating or floater: no fixed courtroom; it goes into the first one free.
  • Not before: the time before which it will not start.
  • Jury out: the jury is deliberating.

Attending as a member of the public

Trials are public. You can sit in the public gallery without booking. Switch your phone off, do not record or photograph anything, do not speak to jurors, and leave when asked. Some evidence is heard with the public excluded, and reporting restrictions may apply even though you can watch.

Magistrates' court trials

In the magistrates' court there is no jury: two or three magistrates, or a district judge, decide both the facts and the law. The order is the same but shorter, and most trials finish in a day.

This is general information for England and Wales, not legal advice. Speak to a solicitor about your own case.