Trial procedure in magistrates' court and Crown Court - Role of judge and jury

Learning Outcomes

After studying this article, you will be able to distinguish the trial procedures in the magistrates’ court and Crown Court, identify who decides questions of law and fact in each court, and explain the specific functions of judges, juries, magistrates, and District Judges. You will also be able to outline the main stages of a criminal trial, including the burden and standard of proof, and apply these principles to SQE1-style scenarios.

SQE1 Syllabus

For SQE1, you are required to understand the structure and conduct of criminal trials in both the magistrates’ court and Crown Court. Focus your revision on:

• The distinction between summary trials and trials on indictment.
• The respective roles of magistrates, District Judges, Crown Court judges, and juries.
• The separation of law and fact in each court.
• The main procedural stages of a criminal trial in both courts.
• The operation of the burden and standard of proof.
• The process for determining the admissibility of evidence and the function of a voir dire.
• The procedure for returning verdicts, including majority verdicts.

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. Who decides both law and fact in a summary trial in the magistrates’ court?
2. What is the standard of proof required for a criminal conviction?
3. True or false: In the Crown Court, the jury decides whether evidence is admissible.
4. What is the purpose of the judge’s summing up in a Crown Court trial?

Introduction

Criminal trials in England and Wales are conducted either in the magistrates’ court (summary trial) or the Crown Court (trial on indictment). The procedures and the division of responsibilities between judges, magistrates, and juries differ significantly between these courts. Understanding who decides questions of law and fact, and how the trial process is structured, is essential for SQE1.

Trial Procedure in the Magistrates’ Court

Most criminal cases are tried summarily in the magistrates’ court. Summary trials deal with summary-only offences and some either-way offences where the magistrates accept jurisdiction and the defendant consents.

Personnel and Decision-Making

Cases are heard by either a bench of lay magistrates (usually three) or a District Judge (Magistrates’ Courts). Both are responsible for deciding all questions of law and fact.

Key Term: Lay Magistrates
Unpaid, unqualified members of the public who sit in panels (benches) to hear cases in the magistrates’ court. They are advised on law and procedure by a legal adviser.
Key Term: District Judge (Magistrates’ Courts)
A legally qualified, full-time judge who sits alone in the magistrates’ court and decides both law and fact.
Key Term: Tribunal of Law
The person or body responsible for ruling on legal issues, such as the admissibility of evidence and interpretation of statutes.
Key Term: Tribunal of Fact
The person or body responsible for determining the facts of the case and deciding whether the prosecution has proved its case.

In the magistrates’ court, the same individuals act as both tribunal of law and tribunal of fact. They decide what evidence is admissible, determine the facts, reach a verdict, and, if appropriate, pass sentence.

Stages of a Summary Trial

The main stages are:

1. Prosecution Opening – The prosecutor outlines the case.
2. Prosecution Evidence – Witnesses are called, examined-in-chief, cross-examined, and re-examined. Written evidence may be read if not disputed.
3. Submission of No Case to Answer – The defence may argue that the prosecution evidence is insufficient for a conviction.

Key Term: Submission of No Case to Answer
A legal argument by the defence at the close of the prosecution case that there is insufficient evidence for a conviction.

1. Defence Evidence – The defence may call witnesses, including the defendant.
2. Closing Speeches – The prosecution may make a closing speech in limited circumstances; the defence always has the right to make a closing speech.
3. Verdict – The magistrates or District Judge deliver a verdict and must give reasons if convicting.
4. Sentencing – If guilty, sentence is passed, possibly after adjournment for reports.

Burden and Standard of Proof

The prosecution must prove the defendant’s guilt beyond reasonable doubt. The magistrates or District Judge must be sure of guilt before convicting.

Key Term: Burden and Standard of Proof
The prosecution bears the burden of proof and must prove guilt beyond reasonable doubt (the criminal standard).

Trial Procedure in the Crown Court

The Crown Court hears indictable-only offences and serious either-way offences. The trial is conducted before a judge and a jury, with a strict separation of responsibilities.

Roles of Judge and Jury

Judge

The judge is the tribunal of law. The judge:

• Manages the trial and ensures proper procedure.
• Rules on all legal issues, including the admissibility of evidence.
• Conducts voir dire hearings (in the absence of the jury) to decide on disputed evidence.
• Sums up the case for the jury, directing them on the law and summarising the evidence.
• Passes sentence if the defendant is convicted.

Key Term: Voir Dire
A hearing in the absence of the jury to determine the admissibility of disputed evidence.

Jury

The jury is the tribunal of fact. It consists of 12 randomly selected members of the public. The jury:

• Listens to the evidence.
• Decides the facts of the case.
• Applies the law as directed by the judge.
• Returns a verdict of guilty or not guilty.

Key Term: Jury
A group of 12 citizens sworn to decide the facts in a Crown Court trial and deliver a verdict.

Stages of a Crown Court Trial

1. Empanelling the Jury – 12 jurors are selected and sworn in.
2. Prosecution Opening Speech – The prosecutor outlines the case.
3. Prosecution Evidence – Witnesses are called and examined.
4. Submission of No Case to Answer – The defence may argue before the judge that the prosecution evidence is insufficient.
5. Defence Evidence – The defence may open (if calling witnesses other than the defendant) and present its case.
6. Closing Speeches – Prosecution first, then defence.
7. Judge’s Summing Up – The judge directs the jury on the law and reviews the evidence.

Key Term: Summing Up
The judge’s review of the evidence and direction on the law before the jury retires to consider its verdict.

1. Jury Deliberation – The jury retires in private to reach a verdict.
2. Verdict – The jury foreman announces the verdict in open court. A unanimous verdict is preferred, but a majority verdict may be accepted in certain circumstances.
3. Sentencing – If guilty, the judge passes sentence.

Key Term: Verdict
The formal decision of guilty or not guilty returned by the tribunal of fact (jury or magistrates).
Key Term: Majority Verdict
A verdict agreed by at least 10 jurors (if 12 remain) or 9 jurors (if 10 remain) when unanimity cannot be reached after a minimum deliberation period.

Worked Example 1.1

Scenario: During a Crown Court trial for burglary, a dispute arises about whether the defendant’s confession should be admitted as evidence.

Question: Who decides if the confession is admissible, and how is this decided?

Answer: The judge decides questions of law, including the admissibility of evidence. The issue would be determined in a voir dire hearing in the absence of the jury. The judge hears legal argument from both sides and rules on whether the confession is admissible. The jury is only told about the confession if the judge rules it admissible.

Exam Warning

In the magistrates’ court, magistrates or the District Judge decide both law and fact. In the Crown Court, the judge decides law and the jury decides fact. Do not confuse these roles. The jury never decides on the admissibility of evidence.

Revision Tip

Draw a simple table or flowchart showing which personnel decide law and fact in each court. This helps clarify the strict division of responsibilities.

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• Criminal trials are held in either the magistrates’ court (summary trial) or Crown Court (trial on indictment).
• In summary trials, magistrates or a District Judge decide both law and fact.
• In Crown Court trials, the judge decides law and the jury decides fact.
• The prosecution must prove guilt beyond reasonable doubt in both courts.
• Key trial stages include opening speeches, presentation of evidence, possible submission of no case to answer, closing speeches, and verdict.
• In the Crown Court, the judge’s summing up and jury deliberation are unique features.
• A voir dire is a hearing in the absence of the jury to determine the admissibility of disputed evidence.
• Jury verdicts should be unanimous if possible, but majority verdicts are permitted under specific rules.

Key Terms and Concepts

• Lay Magistrates
• District Judge (Magistrates’ Courts)
• Tribunal of Law
• Tribunal of Fact
• Submission of No Case to Answer
• Burden and Standard of Proof
• Voir Dire
• Jury
• Summing Up
• Verdict
• Majority Verdict