Trial procedure in magistrates' court and Crown Court - Mode...

Learning Outcomes

This article outlines the structure, etiquette, and professional standards of criminal trials in magistrates’ court and Crown Court, including:

• Differences in the structure and key stages of trials in the magistrates’ court and Crown Court, including the allocation process, burden and standard of proof, and evidential requirements.
• Correct and respectful modes of address for judges, magistrates, advocates, and court officers in both courts, with distinctions between judges’ ranks and occasions requiring special forms (including district judges, circuit judges, recorders, and High Court judges).
• Core standards of courtroom etiquette in both courts, including requirements for standing, bowing, advocates’ seating positions, and use of formal and informal language when addressing the bench, witnesses, and fellow advocates.
• Professional responsibilities and conduct required of legal representatives within the courtroom, including the duty not to mislead the court, and management of conflicts of interest and confidentiality as required under the SRA Code of Conduct.
• Practical expectations relating to dress code, behaviour, handling of evidence, and the conduct of direct and cross-examination.
• Procedural, cultural, and ethical distinctions between summary and jury trial, and the advocate’s duty to support an efficient and fair trial.
• The significance of these conventions for effective advocacy, the fair administration of justice, and their role within the framework of the SQE1 syllabus.

SQE1 Syllabus

For SQE1, you are required to understand criminal trial procedure and professional courtroom conduct in the magistrates’ court and Crown Court, with a focus on the following syllabus points:

• Structure and sequential stages of criminal trials in both magistrates’ court and Crown Court, including the process of allocation and plea before venue.
• Statutory and procedural rules relating to the burden and standard of proof, and admissibility of evidence.
• Identification and application of the correct modes of address for all court participants, including judges of differing rank, magistrates, and legal advisors.
• Core principles and practical requirements of courtroom etiquette, including rules for standing, bowing, and advocate conduct during trials and hearings.
• Comparison of formality, procedural frameworks, and the division of roles between summary and jury trial.
• The advocate’s professional obligations: maintaining decorum, complying with the SRA Code of Conduct and the Criminal Procedure Rules, safeguarding the court's integrity, and handling confidential information and conflicts of interest.
• The role of the advocate and representative in structuring, presenting, and challenging evidence, and ensuring the defendant’s procedural and substantive rights.
• Procedural rules for challenging or admitting evidence, including the processes for voir dire, objections, and submissions of no case to answer.
• The impact of these rules on trial fairness, public confidence, and the orderly administration of justice.

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

Trial procedures in the criminal courts of England and Wales demand not only substantive legal knowledge but strict compliance with highly developed conventions of address and etiquette. Observing these conventions preserves the dignity of proceedings, demonstrates respect for the court, and is fundamental to a solicitor’s role as an officer of the court. This section explores the sequence and culture of criminal trials in the summary and Crown courts, with particular emphasis on how appropriate conduct both reflects and facilitates the delivery of justice.

Key Term: court etiquette
The body of rules and conventions that govern formal behaviour, speech, and appearance by all court participants to maintain respect, order, and impartiality in legal proceedings.

Structure and Stages of Trial

Magistrates' Court

Most criminal matters begin in the magistrates' court. Cases here are generally dealt with more efficiently and less formally than in the Crown Court, but correct procedure and professional etiquette are no less important.

• All criminal prosecutions commence in the magistrates’ court.
• The tribunal may be a bench of lay magistrates (often three), who are addressed collectively, or a single district judge.
• The trial structure for summary offences and many either-way offences follows a well-established sequence:
  • Prosecution opening speech: Informs the court of the nature of the allegations, the issues in dispute, and the law applicable.
  • Presentation of prosecution evidence, with witnesses called, examined in chief, and then cross-examined by the defence.
  • Submission of no case to answer: At the close of the prosecution case, the defence may invite the court to dismiss the charge if the prosecution evidence is insufficient.
  • Defence evidence and witnesses: If the case proceeds, the defence may present evidence and call witnesses.
  • Closing speeches: Each side may summarise their case and highlight points of law and fact.
  • Magistrates retire to deliberate, then give verdict and, if necessary, proceed to sentencing.

Burden and standard of proof: The prosecution bears the legal and evidential burden, and must prove the defendant’s guilt beyond reasonable doubt. The defence is generally only required to discharge an evidential burden for defences such as self-defence or duress; the prosecution must then disprove the defence.

Summary trials are typically less formal:

• No wigs or gowns are worn by magistrates, district judges, or legal representatives.
• Legal advisors are present to guide lay magistrates on law and procedure.
• Layout is less hierarchical than the Crown Court.

Key Term: summary trial
A trial in the magistrates’ court which does not involve a jury and is generally used for summary-only and some either-way offences.

Crown Court

The Crown Court sits with a judge and jury and hears the most serious crimes, as well as appeals from decisions of the magistrates’ court.

The standard structure of a trial on indictment is:

• Jury empanelment and swearing
• Prosecution opening speech setting out the facts and legal issues
• Presentation of prosecution evidence and witness examination
• Submission of no case to answer (where appropriate)
• Defence opening speech (if the defence proposes to call witnesses other than the defendant), followed by defence evidence
• Closing speeches from the prosecution and defence
• Judge’s summing up, including directions on law and guidance on key factual issues
• Jury retires to deliberate and delivers its verdict
• Sentencing, if the defendant is convicted

In contrast with magistrates’ court trials:

• Proceedings are much more formal; judges and counsel typically wear wigs and gowns.
• The judge alone determines legal issues, including the admissibility of evidence and giving rulings in the absence of the jury where appropriate (such as during a voir dire).

Key Term: trial on indictment
A trial for an indictable-only or allocated either-way offence, heard in the Crown Court before a judge and jury.

Modes of Address

Accurate and appropriate forms of address to the judiciary and fellow advocates are central to courtroom culture. These conventions maintain respect for the authority of the court and must be conscientiously observed in all criminal proceedings.

• Magistrates' Court:

  • Lay magistrates: "Your Worships" (collectively), "Sir," or "Madam" to a single magistrate.
  • District Judge (magistrates’ courts): "Sir" or "Madam."
  • Legal advisor: "Sir" or "Madam."
  • When referring to a legal advisor or court staff, courtesy forms similar to the above are expected.

• Crown Court:

  • Circuit Judge or Recorder: "Your Honour."
  • High Court Judge (sitting in the Crown Court): "My Lord" or "My Lady."
  • In official documents and when referring to the judge, "His Honour Judge [Surname]" or "Her Honour Judge [Surname]" (for circuit judges), or "The Honourable Mr/Mrs Justice [Surname]" (for High Court judges).
  • The judge should never be addressed by first name or by inappropriate titles.

• Advocates:

  • Barristers: Customarily referred to as "my learned friend" (to a barrister) or "my friend" (to a solicitor advocate).
  • Solicitors: "my friend."
  • All advocates stand when addressing the bench unless otherwise directed.

• General points:

  • It is inappropriate to use "Your Honour" for magistrates or to address a district judge as "Your Worship."
  • When speaking of a judge in the third person, use their title and surname (e.g. "His Honour Judge Smith directed...").

Understanding these conventions demonstrates respect for the rule of law and the proper administration of justice.

Key Term: modes of address
The formal titles and phrases prescribed for addressing and referring to judges, magistrates, advocates, and court officials within the courtroom.

Courtroom Etiquette

Courtroom etiquette encompasses a series of expected behaviours, both in conduct and appearance, and is essential for upholding the dignity of the court and supporting an environment of impartiality.

• Standing and Bowing:

  • Stand when the judge, district judge, or magistrates enter or leave the courtroom. This is signaled by the usher calling "Court rise."
  • Bow to the bench when entering or leaving the courtroom—a gesture of respect for judicial authority and, symbolically, the Royal Court’s authority.

• Advocate Conduct:

  • Only one advocate should be on their feet at a time, unless expressly permitted (as when both are being sworn).
  • Remain standing when addressing the bench, questioning witnesses, or making submissions.
  • Never interrupt the judge or magistrates; always wait to be invited to speak.
  • Maintain a courteous and respectful tone, avoiding sarcasm, aggression, or inappropriate familiarity.
  • Avoid unnecessary movements or gestures, and never show irritation or dissent with the court’s rulings.
  • Sit closest to the jury in the Crown Court if representing the defence (to facilitate communication).

• Dress Code:

  • Court attire should be sober and formal. In magistrates’ court, dark business suits are worn. In the Crown Court, wigs and gowns are required for barristers and sometimes for solicitor advocates, unless permission is given to the contrary.
  • Clients and witnesses are expected to dress appropriately; advocates should advise them when necessary.

• Other Rules:

  • Eating, drinking, or using electronic devices is strictly prohibited (except for note taking as permitted).
  • No one but a court officer may audio or video record proceedings.
  • All communications with the judge should go through the proper channels (for example, via the usher or legal advisor).

• Witnesses:

  • Witnesses should be addressed politely, by title and surname.
  • Witnesses are to be examined with dignity and may not be bullied or harassed.

• Etiquette Unique to Magistrates’ Court:

  • Less formality but no less respect; guidance from the legal advisor should be followed.
  • No requirement for wigs or gowns.
  • Lay magistrates may seek guidance openly from their legal adviser and may ask questions directly for clarification.

• Etiquette Unique to the Crown Court:

  • The judge’s directions are to be followed precisely, especially where they differ from usual practice.
  • More ritualised behaviour (such as advocates rising when addressing the jury and complying strictly with the courtroom hierarchy and seating plan).

Key Term: courtroom etiquette
The set of professional and social conventions that ensure polite, orderly, and respectful conduct by all participants during criminal court proceedings.

Differences in Formality and Procedure

An appreciation of differences in formality, culture, and procedural structure between magistrates’ court and Crown Court is essential for professional advocacy.

• Magistrates’ Court:

  • Primary forum for summary and less serious either-way offences.
  • Proceedings are more interactive and less formal; lay justice may directly engage participants.
  • No jury—magistrates or district judge determine both facts and law.
  • Proceedings and dress are less formal; no wigs and typically no gowns.
  • Hearings usually proceed with greater efficiency and speed.

• Crown Court:

  • Forum for indictable-only, serious either-way offences, and trial on indictment.
  • Proceedings are more formal and ritualistic. The trial judge wears a robe and wig (unless otherwise directed); advocates follow suit.
  • A clear separation exists between the arbiter of law (judge) and fact (jury).
  • All speeches are directed to the bench except during closing speeches and when directly addressing the jury.
  • The role of the jury as the fact-finder requires counsel to be particularly vigilant in advocacy and etiquette.
  • Propriety in conduct (including how the jury is addressed) is even more strictly observed.

• In both courts, the Criminal Procedure Rules 2020, as well as the Codes of Conduct for Solicitors Regulation Authority (and Bar Standards Board, for barristers), govern conduct and set clear professional obligations. The role of the solicitor is not merely as the client’s advocate but as an officer of the court who contributes to ensuring that the proceedings are both fair and efficient.

Professional Conduct and Advocacy

Advocates, particularly solicitors with rights of audience, must comply with their professional obligations under the SRA Principles and Code of Conduct, and comply with the overriding objective of the Criminal Procedure Rules 2020 (“to deal with cases justly”).

• Duty not to mislead the court. No advocate may advance or support an argument known to be false. If aware that a client intends to mislead the court, the advocate may need to withdraw.
• Obligation to draw the court’s attention to binding authorities, statutory provisions, and procedure—even where they do not favour the advocate’s own client.
• Maintain strict confidentiality unless compelled to disclose by law or ethical rules.
• Avoiding conflicts of interest: If a conflict of interest arises, solicitors must withdraw to avoid prejudicing any party’s interest or the administration of justice.
• Contact with witnesses: Solicitors must not coach or offer inducement to witnesses, nor communicate inappropriately with witnesses or parties during a hearing.
• All representations, assertions, and submissions to the court must be properly arguable and never made solely to mislead, waste the court’s time, or seek unfair advantage.
• When required, the solicitor should correct any misleading impression or error previously made to the court.

Key Term: professional conduct
The standards of behaviour, integrity, and competence required of solicitors and advocates as laid down by the SRA, statutory codes, and the court, encompassing duties to the court, client, other parties, and the public.

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."

Worked Example 1.3

Scenario:
A solicitor in the Crown Court stands up to address the bench while wearing a bright red suit and trainers and begins to question a witness by shouting at them and waving a document.

Answer:
The solicitor’s attire and conduct are wholly inappropriate. Proper courtroom etiquette requires wearing formal court attire (dark suit, wig and gown as appropriate), addressing the witness and bench respectfully, and refraining from aggressive behaviour. Such breaches may attract judicial criticism and undermine your client’s position.

Worked Example 1.4

Scenario:
You are appearing before a bench of three magistrates and one magistrate leaves during the trial. The solicitor continues as if nothing has changed.

Answer:
All magistrates must be present throughout the whole hearing for proceedings to be valid, unless an adjournment has been called. It is essential to alert the court, respectfully, if a magistrate leaves the bench so that proper procedure and fairness are maintained.

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 aloud the forms of address, greetings, and courtroom behaviour required in each court. Being familiar with these in advance reduces the risk of error and embarrassment.

Key Point Checklist

This article has covered the following key knowledge points:

• The main stages and structure of trial procedure in magistrates’ court and Crown Court.
• The correct modes of address for different judicial officers, lay magistrates, and advocates in each court.
• Essential courtroom etiquette, including standing, bowing, professional attire, and formal conduct.
• The differences in formality, participant roles, and the division of fact and law between summary trial and trial on indictment.
• The advocate’s professional duty to maintain the integrity of proceedings, act honestly, avoid misleading the court, and comply with all relevant professional codes.

Key Terms and Concepts

• court etiquette
• summary trial
• trial on indictment
• modes of address
• courtroom etiquette
• professional conduct