Crown Court Trials: Frequently Asked Questions
A criminal trial can be a very daunting and an intimidating prospect for many whether it be a trial in the Magistrates Court
or at the
Crown Court,
for various reasons the whole process can cause both physical and mental affects on a defendant’s health. At Eventum Legal our lawyers have many years of experience in preparing cases for trial and offering excellent support to their clients during their case. We have provided below answers to the most frequently asked questions by our clients when they are preparing for trial.
Who Will Be In The Courtroom?
In the courtroom during a criminal trial there will be various people:
The Judge
The judge will be sat at the front of the courtroom, he will oversee the other people in the room. The judge is responsible for the law and they will ensure the law is followed throughout proceedings.
The court clerk
The court clerk sits below the judge facing the courtroom, they are responsible for managing the proceedings and the court timetable.
The barristers
Both the prosecution barrister and the defence barrister will usually sit on the 1st or 2nd bench facing the judge.
The Solicitors
We will sit on the bench behind the barrister. We are there to assist the barrister and our client throughout proceedings.
Court Usher
The court usher sees people in and out of the courtroom.
The defendant
The defendant will sit in the dock, this is usually behind Perspex glass and they will be sat with a dock officer.
The jury
The jury sit in seats at the side of the courtroom, they can see the defendant, witnesses and legal representatives clearly.
The public
Criminal courtrooms are open to the public. The public sit in the gallery which can be located in different areas of the courtroom depending on the courtroom itself. In older courts the gallery can be higher up looking down on proceedings. In newer more modern courts they can be placed on the opposite side of the jury.
How Many People are on the Jury and How Are They Selected?
A Jury applies to Crown Court trials only and there are 12 members of the public who sit on the jury, they are selected at random through the process referred to as empanelling. Although only 12 people will sit on a trial, initially many more are asked to go into court for the selection process to take place. The court usher will randomly select from 15-16 people brought into the courtroom.
In cases expected to last for more than 4 weeks the court can start a case with 2 extra jurors who can take the place of any of the 12 who are unable to continue for any reason (e.g. due to illness).
The minimum number required on a jury is 9 people so starting a longer trial with extra jurors reduces the risk of having to abandon the trial.
What If I Know Someone Who Is Selected To Be On The Jury?
Before the trial begins the jury will take the jury oath or affirmation, they will be told of the main witnesses in the case for both sides, together with any locations relevant to the case. This is to ensure that the jury have no prior knowledge of connection with anyone involved in the case.
Where Will I Sit In Court?
During the trial our client’s are referred to as the defendant. The defendant will usually sit in a dock in the court room behind Perspex glass with a security officer with them, this officer is called the dock officer.
Will The Witnesses See Me?
The witnesses may see you unless special measures have been granted for them. Special measures can include; a curtain or screens which will be placed around the witnesses to prevent you seeing them and them seeing you, if a witness statement is agreed by the parties the witness will not be required to attend court in person, their statement will be read, and finally where a procedure referred to as a section 28 hearing
is granted for the complainant they will not be required to attend court for trial, their evidence will be pre-recorded and played to the jury at court.
What Does My Barrister Do?
Your barrister is the advocate in court, they are specially trained in presenting cases in court and have an in-depth knowledge of proceedings and evidential rules and procedures in place.
Will My Solicitor Be At Court?
We always advise our clients that it is beneficial to have your solicitor at your trial. Your solicitor will have much more involvement directly with you than you barrister, and will be very familiar with your case. Their presence can be a huge benefit to your barrister as they bring their expertise and knowledge of you and your case, and also it is a benefit to the client and any supporting friends/family that may be at court.
Are the Public Allowed to Watch My Trial?
Courthouses are public places, the public are able to attend court and sit in the public gallery to watch proceedings.
Will The Press Be At Court?
The press do attend court, usually the press will be much more interested in high profile cases or cases of extreme seriousness. There is no automatic right to have the press excluded from attending the court, should a reporting restriction be necessary either party may apply to the court for this. Reporting restrictions
are very rare but are granted in cases concerning children.
We are often approached by clients who are concerned about the press and the repercussions of their personal details being printed in their local news or even the news on a national scale. Please contact one of our lawyers
who will listen to the facts of your case and particular concerns you have regarding any publication of your case.
Do I Have To Give Evidence?
A defendant does not have to give evidence, it is their choice. There are many reasons as to why a defendant may not wish to give evidence, or may even be advised not to give evidence.
Will My Accuser Be At Court?
If the complainant in the case is giving live evidence at court he or she will be required to attend court. However, in many sexual offence cases a complainant does give evidence via a link whether it be live or have been pre recorded at an earlier hearing, this hearing is referred to as a section 28 hearing as explained above.
Can I Go Home at The End of Each Trial Day?
Unless you are remanded into prison prior to the trial a defendant will be entitled to leave court at the end of each of their trial days which is usually subject to bail conditions. On the final trial day whether a defendant leaves the courtroom is dependent upon the verdict and the judges views on sentence. In some instances a case will be adjourned for reports to be prepared and the defendant will be released on bail, however if the court is of the view that a custodial sentence is inevitable the defendant can be remanded into custody immediately to await their sentencing date.
If you have been charged with a criminal offence, please contact our team
free of charge and we can explain in detail the process that will apply to your case.
We Can Help With
Have you been charged with indecent image possession? Do you want to know how many cases get dropped? Read our latest article to learn more.
Understanding the difference between “consent” and “reasonable belief” can be key if you are being investigated or prosecuted for a sexual offence, where these two issues can arise. These are not just technical legal terms; they are real-world concepts that can affect the outcome of serious sexual abuse cases. At Eventum Legal, our aim is to help people grasp these important ideas so that they know where they stand, whether they’re seeking justice, facing an accusation, or just wanting to be informed. Consent and the Law: What Does It Mean? When it comes to sexual activity, the law makes it very clear that “consent” isn’t just about saying yes or no. Consent means agreeing by choice, having the freedom and capacity to make that choice, and being able to change your mind at any time, even if the sexual activity has begun. The Sexual Offences Act 2003 states that a person consents if they agree by choice and have the freedom and capacity to do so. In practical terms, this means no one should be pressured, forced, or tricked into sex. If someone is too drunk, too scared, or otherwise unable to decide, they cannot legally give consent. This applies also to issues with mental capacity where someone may not have the understanding or ability to give informed consent. When establishing whether consent or reasonable belief applies, the courts examine everything that happened, how the people involved acted, what was said, their relationship, and whether any threats were made. It’s not about just hearing a yes or no, but about whether the agreement was truly given, freely and knowingly, at the time. Reasonable Belief: The Other Side of the Coin While “consent” focuses on the person on the receiving end of sexual activity, “reasonable belief” is about the perspective of the person accused of the crime. UK law says it’s not enough for someone to claim they thought the other person was consenting. The belief that consent existed must be reasonable; it must meet the standard of what a reasonable person would think in those circumstances. This comes down to two questions: did the accused genuinely believe the other person was consenting, and would a reasonable person, knowing what the accused knew and considering everything that happened, have reached the same conclusion? It’s not a defence to say, “I just thought it was okay,” if evidence, actions, or common sense didn’t back that belief up. Courts look at whether the accused checked for consent, paid attention to what was happening, and took steps to make sure everything was agreed upon. How the Law Applies These Concepts The distinction between consent and reasonable belief matters because everyone is responsible for ensuring that consent is present, not just assuming or hoping it is. The prosecution in a sexual offence case has to prove that there was no consent or that the accused did not have a reasonable belief that consent existed. To judge this, courts examine the context: Were both people sober and able to make decisions? Was there clear, positive agreement? Did one person ignore signs of hesitation or discomfort? In cases where someone is very intoxicated or unable to communicate, the law presumes that there is no consent, and it is challenging for anyone to claim a reasonable belief otherwise. However, where alcohol is in question the issue can become complex as we all have difference alcohol tolerances, what may be too drunk to one person, could be different to the other. Therefore, working to establish the intoxication and affect is crucial for lawyers in some cases. In cases where it can be proven that that someone was too drunk to speak or move, and the accused says they thought there was consent just because the person didn’t say “no,” the court is unlikely to accept that as reasonable. The law expects people to check in with their partner, look for positive signs, and stop if there’s any doubt. Clearing Up Common Myths Many misunderstandings exist about how consent and reasonable belief work in real life. One myth is that if someone doesn’t say “no,” they must have agreed. The absence of a “no” is not the same as a “yes.” Another myth is that if two people are in a relationship or have had sex before, consent is always assumed. Every sexual act requires consent, every time. Some people also believe that as long as they honestly thought there was consent, that’s enough. But the law sets a higher bar: the belief has to be reasonable, meaning it must be backed up by what happened and what a reasonable person would think. In our digital age, misunderstandings can easily happen through text or online communication. Courts are aware of this and look at all available evidence, including messages and social media, to determine what happened. Other avenues of evidence exploration can include CCTV footage and witnesses. Why These Legal Standards Matter The way UK law approaches consent and reasonable belief has changed over time. In the past, people could argue they had an “honest” belief in consent, even if it wasn’t reasonable. That changed with the Sexual Offences Act 2003, which now requires honesty and reasonableness. This protects people from harm and ensures that the law takes the experiences and choices of everyone involved seriously. These rules are designed to keep people safe and ensure everyone’s rights are respected. The law encourages open communication, respect, and responsibility. It expects everyone to look for clear signs of agreement and to stop if there is any doubt or hesitation. What To Do If You’re Involved In A Sexual Offence Case Suppose you’re facing a situation involving consent or reasonable belief and you as the accused want to prove that either of these legal requirements existed, then you must seek legal advice and engage with specialist lawyers who can navigate the complexities of the key legal issues in sexual offence cases. These cases can be stressful and complex, and every detail matters: what was said, what was done, and what steps were taken to ensure everyone agreed. At Eventum Legal, we specialise in helping people understand their rights and responsibilities. We listen, explain your options in straightforward language, and support you throughout the process, always with respect and confidentiality. Whether you’re seeking justice, defending your reputation, or simply want to know your rights, we’re here to help. Frequently Asked Questions What is the difference between consent and reasonable belief? Consent is when a person freely agrees to a sexual act. Reasonable belief is whether the accused genuinely and reasonably believed that consent was given, based on all the facts. Can someone be convicted if they misunderstood consent? Yes, if their belief in consent wasn’t reasonable. The court looks at the whole situation, not just what the accused thought. How can I protect myself or prove consent? Open communication and ensuring everyone is comfortable and willing are the safest approaches. If you’re worried about misunderstandings, keep records of conversations. Where can I get help or advice? Contact Eventum Legal for confidential, expert support tailored to your needs.
Have you been accused of breaching your SHPO, maybe by accident or knowingly? Speak to our specialist team.
