Introduction: What to expect at the Crown Court

Attending the Crown Court can feel more formal than attending the magistrates’ court, but the process is easier to understand once you know what each hearing is for. In a straightforward case where a defendant pleads not guilty, there are normally two principal hearings: the Plea and Trial Preparation Hearing, usually shortened to PTPH, and the trial. Other hearings may be needed, while a guilty plea will lead to sentence rather than a trial.

This guide explains what an adult defendant can generally expect. Every case is different, so your solicitor or barrister will explain how the procedure applies to your circumstances.

Before you travel to court

Check the hearing notice for the correct court centre, date and time. Crown Court buildings may contain several courtrooms and several cases may share the same listed time. Unless your legal team says otherwise, aim to arrive about 30 minutes early.

Bring your hearing notice or case number and anything your solicitor has requested. Wear clean, tidy clothing suitable for a formal public building. Tell your solicitor in advance if you need an interpreter or adjustment, or are worried about encountering another person involved in the case.

Arriving and meeting your legal team

After passing through security, find the usher or list caller for the relevant courtroom. Give your name, say that you are the defendant and identify your representative. They will mark you as present and tell you where to wait. Do not leave without telling the usher or your lawyer because cases can be called at short notice.

Your solicitor will usually meet you before the hearing. A barrister or solicitor advocate may conduct the advocacy, and you should have an opportunity to speak to them privately. They will confirm your instructions, advise on plea and discuss matters the judge may raise. If more time is needed, your advocate may ask for the case to be put back until later in the session.

Waiting areas can be busy. Avoid discussing sensitive details where other defendants, witnesses or members of the public may overhear you.

The two main Crown Court hearings

In a straightforward contested case, the first main hearing is the PTPH and the second is the trial. The PTPH is not a trial and there is no jury. Its purpose is to take your plea and put the necessary arrangements in place if the case is disputed.

This is not a fixed rule. A guilty plea may lead to sentence at the PTPH or at a later hearing. A case may also need a further case-management hearing, pre-trial review or hearing about a particular legal issue. Your legal team will tell you whether you must attend.

The Plea and Trial Preparation Hearing

When your case is called, you will be taken into the dock. The judge, court clerk, prosecutor, your advocate and court staff will be present. Hearings are normally open to the public and press, although reporting restrictions or special arrangements may apply.

You will be asked to confirm your name and other identifying details. The court clerk will then put each count on the indictment to you and ask whether you plead guilty or not guilty. This formal process is called arraignment. Listen carefully and answer only with the plea on which you have been advised. If you cannot hear or do not understand a charge, say so rather than guessing.

Your advocate will do most of the speaking, although the judge may address you directly to make sure you understand your plea and the need to attend trial. If you need to speak to your legal team, quietly attract their attention.

If you plead guilty

A guilty plea means there will be no trial on that charge. The judge may sentence you immediately if the facts are agreed and the necessary information is available. Otherwise, sentence may be adjourned for a pre-sentence report, resolution of a factual dispute or other information. The judge will decide whether you remain on bail or are remanded in custody.

If you plead not guilty

If you plead not guilty, the judge will identify the points that the prosecution and defence disagree about, fix or confirm the trial date, estimate its length and consider which witnesses are needed. The court may also deal with expert evidence, interpreters, special measures, legal applications and bail.

The judge will make directions setting deadlines for the prosecution and defence, often called the four stage dates. The dates and requirements can be adjusted, so the order in your case is the one that matters.

What are the four stage dates?

Stage 1: service of the prosecution case

By Stage 1, the prosecution is ordinarily required to serve the main body of the evidence on which it intends to rely. This may include witness statements, interview records, CCTV, photographs, expert reports and other exhibits, depending on the allegation.

Stage 1 also deals with initial disclosure. This is separate from the evidence the prosecution intends to use. It concerns material gathered during the investigation which is not part of the prosecution case but meets the legal test for disclosure. Your legal team will review both before preparing the formal defence response.

Stage 2: the defence statement

Stage 2 is normally the deadline for the defence response. Its most important part is the defence statement, although the defence may also have to confirm witness requirements and deal with other matters ordered by the court.

In a Crown Court case, a defence statement is a formal written document setting out the nature of the defence. It identifies the factual matters that are disputed, explains why they are disputed and gives details of any particular legal defence or point of law to be relied on. If the defence is an alibi, the statement must also provide the required particulars of the alibi and any supporting witnesses.

Your solicitor and advocate will draft the statement from your instructions and the evidence. You should read it carefully and raise anything that is inaccurate or incomplete before it is served. The document helps to define the issues for trial and directs the prosecution’s further review of unused material. A late, inadequate or inconsistent defence statement can have serious consequences: the prosecution may comment on the failure and, in an appropriate case, the jury may be invited to draw an adverse inference. It is therefore an important document rather than a routine form.

Stage 3: the prosecution response

At Stage 3, the prosecution must respond to the defence statement and the other issues raised by the defence. This can include serving further evidence, answering relevant requests and reviewing unused material again in light of the defence now advanced. If that review identifies material which meets the disclosure test, it must be disclosed. The prosecution’s disclosure duty continues throughout the case and does not end simply because a stage date has passed.

Stage 4: any remaining disclosure dispute

In many straightforward cases, there will be little or nothing to do at Stage 4. It becomes important where the defence believes that the prosecution has material which should be disclosed but the prosecution does not agree. The defence may then make a formal application asking the judge to order further disclosure. Stage 4 can also be used for any final defence material or application arising from the prosecution’s response. The purpose is to identify and resolve the problem before the trial, rather than allowing it to cause delay on the first day.

What happens between the PTPH and trial?

Your legal team will analyse the papers, advise you as evidence arrives, prepare the defence statement and obtain any defence evidence needed. You may be asked to attend conferences, provide documents or identify witnesses.

Keep in regular contact and tell your solicitor promptly if your address, telephone number or circumstances change. You must comply with your bail conditions and attend every hearing for which your attendance is required. If you remember something important or receive new evidence, pass it to your solicitor rather than contacting a prosecution witness or trying to investigate the matter yourself.

What happens at the trial?

On the first day of trial, arrive at the time given and check in again. Your advocate will discuss any last-minute developments. Trials do not always begin immediately because the court may first need to deal with another case, legal argument or a witness issue.

Once the trial begins, a jury of 12 people will be selected and sworn. The prosecution will open its case and call its witnesses. Your advocate can question those witnesses in cross-examination. The defence case follows. You will receive separate advice about whether to give evidence yourself; that decision is important and should be made after careful consultation with your legal team.

After the evidence, the advocates make closing speeches. The judge explains the relevant law and summarises the issues for the jury. The jury then retires in private to consider its verdict. The prosecution must make the jury sure of guilt; the defence does not have to prove innocence.

If the verdict is not guilty, you are acquitted of that charge. If the verdict is guilty, the judge may sentence you immediately or adjourn sentence for reports or further information. The judge will also decide whether you remain on bail or are remanded in custody in the meantime.

Before you leave court

Do not leave the building until your solicitor or advocate confirms that you may do so. Make sure you understand the outcome, your bail status and conditions, the next hearing date and anything you must do before then. Court proceedings can move quickly, so ask for an explanation if any part of the order or timetable is unclear.

How Chetwode can help

Careful preparation between the PTPH and trial is just as important as advocacy in the courtroom, indeed without thorough preparation you cannot achieve great advocacy. Chetwode Criminal Defence Solicitors can analyse the prosecution evidence, advise you about plea, prepare a clear defence statement, pursue relevant disclosure and ensure that the case is ready to be presented properly at trial.

If your case has been sent to the Crown Court or you have received a date for a PTPH, contact us as soon as possible. Early advice gives your legal team time to understand the allegation, identify the evidence that matters and prepare a focused strategy for the hearings ahead.