Trial procedure in magistrates' court and Crown Court - Modes of address and courtroom etiquette

Learning Outcomes

After reading this article, you will be able to explain and apply the key stages of trial procedure in both magistrates' court and Crown Court, identify and use the correct modes of address for judges and magistrates, and follow essential courtroom etiquette. You will also be able to outline the main differences in trial structure and formality between the two courts, and understand how these conventions support effective advocacy and compliance with professional standards for the SQE1 exam.

SQE1 Syllabus

For SQE1, you are required to understand the practical and procedural aspects of criminal trials in both magistrates' court and Crown Court. In your revision, focus on:

  • the structure and stages of a criminal trial in magistrates' court and Crown Court
  • the correct modes of address for judges, magistrates, and advocates in each court
  • essential courtroom etiquette and professional conduct during trial
  • the differences in formality and procedure between summary trial and trial on indictment
  • the role of the advocate in maintaining courtroom decorum and upholding the dignity of proceedings

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. What is the correct way to address a Crown Court judge during a trial?
  2. In the magistrates' court, what is the usual form of address for a bench of lay magistrates?
  3. Name two key differences in courtroom etiquette between magistrates' court and Crown Court.
  4. What is the main function of a voir dire during a criminal trial?

Introduction

Understanding the correct trial procedure, modes of address, and courtroom etiquette is essential for effective advocacy and compliance with professional standards in criminal litigation. These conventions ensure respect for the court, support orderly proceedings, and are directly assessed in the SQE1 exam. This article outlines the main stages of trial in both magistrates' court and Crown Court, explains the required forms of address, and highlights the key etiquette rules every solicitor must follow.

Structure and Stages of Trial

Magistrates' Court

Most criminal cases begin and are resolved in the magistrates' court. Trials here are generally less formal than in the Crown Court, but proper procedure and etiquette remain essential.

Key Term: magistrates' court The lower criminal court in England and Wales, where summary offences and many either-way offences are tried by lay magistrates or a district judge.

The typical sequence for a summary trial is:

  1. Prosecution opening speech
  2. Prosecution evidence (witnesses examined and cross-examined)
  3. Submission of no case to answer (if appropriate)
  4. Defence evidence (witnesses examined and cross-examined)
  5. Closing speeches
  6. Magistrates retire and deliver verdict
  7. Sentencing (if convicted)

Key Term: summary trial A criminal trial for summary offences (and some either-way offences), heard without a jury in the magistrates' court.

Crown Court

The Crown Court deals with more serious offences and all trials on indictment. Proceedings are more formal, and the judge and advocates wear gowns and wigs.

Key Term: crown court The higher criminal court in England and Wales, where indictable offences and serious either-way offences are tried before a judge and jury.

A typical trial on indictment proceeds as follows:

  1. Jury empanelled and sworn
  2. Prosecution opening speech
  3. Prosecution evidence (witnesses examined and cross-examined)
  4. Submission of no case to answer (if appropriate)
  5. Defence opening speech (if calling witnesses other than the defendant)
  6. Defence evidence (witnesses examined and cross-examined)
  7. Closing speeches (prosecution then defence)
  8. Judge's summing up and legal directions
  9. Jury retires and delivers verdict
  10. Sentencing (if convicted)

Key Term: trial on indictment A criminal trial for indictable offences, heard in the Crown Court before a judge and jury.

Modes of Address

Correct forms of address are required at all times to show respect for the court and maintain professionalism.

  • Magistrates' Court:

    • Lay magistrates (collectively): "Sir", "Madam", or "Your Worships"
    • District Judge: "Sir" or "Madam"

  • Crown Court:

    • Circuit Judge: "Your Honour"
    • High Court Judge: "My Lord" or "My Lady"
    • When referring to the judge: "His Honour Judge [Surname]" or "Her Honour Judge [Surname]"

  • Advocates:

    • Barristers: "my learned friend"
    • Solicitors: "my friend"

  • General:

    • Always stand when addressing the court, unless instructed otherwise.
    • Bow to the bench when entering or leaving the courtroom.

Key Term: modes of address The formal titles and phrases used to address judges, magistrates, and advocates in court.

Courtroom Etiquette

Proper courtroom etiquette is not just tradition—it is a professional requirement.

  • Stand when the judge or magistrates enter or leave the courtroom.
  • Remain standing when addressing the court or examining witnesses, unless told otherwise.
  • Dress appropriately: dark suit, gown and wig (where required).
  • Do not eat, drink, or use mobile devices in court.
  • Maintain a respectful tone at all times.
  • Never interrupt the judge or magistrates.
  • Only one advocate should be on their feet at a time.

Key Term: courtroom etiquette The set of rules and conventions governing professional behaviour and decorum in court.

Differences in Formality and Procedure

  • The Crown Court is more formal than the magistrates' court. Gowns and wigs are worn, and the judge sits on a raised bench.
  • Jury trials only occur in the Crown Court.
  • Magistrates' court trials are generally faster and less formal, but all participants must still observe correct etiquette and address.

Professional Conduct and Advocacy

Solicitors must uphold the dignity of the court and act in accordance with the SRA Code of Conduct. This includes:

  • Not misleading the court.
  • Maintaining confidentiality and avoiding conflicts of interest.
  • Ensuring that all representations and submissions are properly arguable.
  • Drawing the court's attention to relevant law and procedure.

Worked Example 1.1

Scenario:
You are representing a client in the Crown Court. When the judge enters, you remain seated and refer to the judge as "Sir" during your submissions. The judge corrects you.

Answer:
You should have stood when the judge entered and addressed the judge as "Your Honour." Remaining seated and using the wrong form of address is a breach of courtroom etiquette and may be seen as disrespectful.

Worked Example 1.2

Scenario:
During a summary trial in the magistrates' court, you refer to the bench as "Your Honour" and call your opposing solicitor "my learned friend."

Answer:
These are incorrect forms of address for the magistrates' court. You should address the bench as "Sir", "Madam", or "Your Worships," and refer to your opposing solicitor as "my friend."

Exam Warning

In the SQE1 exam, you may be tested on the correct mode of address for different courts and judges. Using the wrong form of address or failing to observe basic etiquette may indicate a lack of professional competence.

Revision Tip

Practise the correct forms of address and etiquette aloud before attending court or assessment exercises. This will help you avoid mistakes under pressure.

Key Point Checklist

This article has covered the following key knowledge points:

  • The main stages of trial procedure in magistrates' court and Crown Court.
  • The correct modes of address for judges, magistrates, and advocates in each court.
  • Essential courtroom etiquette, including standing, bowing, and professional dress.
  • Differences in formality and procedure between summary trial and trial on indictment.
  • The advocate's duty to maintain respect, order, and compliance with professional standards.

Key Terms and Concepts

  • magistrates' court
  • summary trial
  • crown court
  • trial on indictment
  • modes of address
  • courtroom etiquette
The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Barbri SQE
One-time Fee
$3,800-6,900
BPP SQE
One-time Fee
$5,400-8,200
College of Legal P...
One-time Fee
$2,300-9,100
Job Test Prep
One-time Fee
$90-350
Law Training Centr...
One-time Fee
$500-6,200
QLTS SQE
One-time Fee
$2,500-3,800
University of Law...
One-time Fee
$6,200-22,400

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal