Learning Outcomes
After studying this article, you will be able to identify and explain the key procedural steps and participant roles in criminal trials in both the magistrates' and Crown Court. You will understand the order of trial, the standards and burdens of proof, the opportunity and requirements for submissions of no case to answer, the conduct and etiquette expected of legal representatives, witness examination rules, and the treatment of special measures and witness competence. These concepts are essential to success in SQE2 criminal practice assessments.
SQE2 Syllabus
For SQE2, you are required to understand the mechanics of trial procedure in both magistrates' and Crown Court settings. Particular emphasis should be placed on:
- the stages of a criminal trial and correct order of proceedings in both courts
- the burden and standard of proof in criminal trials
- when and how to make a submission of no case to answer
- the examination and cross-examination of witnesses (including competence/compellability)
- trial etiquette and modes of address for legal professionals and witnesses
- the application of special measures for vulnerable or intimidated witnesses
- the solicitor's professional duties and conduct in court
You should revise these key steps and roles to ensure effective client representation and compliance with court requirements.
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.
- Who must deliver the first speech in a criminal trial in the Crown Court, and what is its purpose?
- What is a submission of no case to answer, and at what point in the trial can one be made?
- What is the distinction between competence and compellability when calling witnesses at trial?
- What are special measures, and how can they affect a witness’s evidence in court?
Introduction
Criminal trials in England and Wales are governed by strict procedural rules to ensure fairness, justice, and compliance with the law. Whether conducted in the magistrates’ court or the Crown Court, understanding the roles of the court, the legal teams, and witnesses—together with the correct sequence of trial stages—is critical to effective advocacy and client representation for the SQE2 exam.
Trial Procedure Overview
Types of Court and Their Jurisdiction
Criminal trials may proceed in either the magistrates’ court (usually for summary only and certain either-way offences) or the Crown Court (for either-way offences sent for trial and all indictable only offences).
Key Term: magistrates’ court
A lower criminal court, usually comprising three lay magistrates or a district judge, dealing with most summary and either-way offences.Key Term: Crown Court
The higher criminal court where cases are heard by a judge and jury, reserved for indictable only or serious either-way offences.
Stages of a Criminal Trial
Order of Proceedings in the Magistrates’ Court
- Prosecution opening speech — outlines the case and evidence.
- Presentation of prosecution evidence — each witness is examined-in-chief, cross-examined, and possibly re-examined.
- Submission of no case to answer (after prosecution evidence) — by defence, if appropriate.
- Defence evidence — each witness (including the defendant if called) is examined likewise.
- Closing speeches — prosecution (if entitled) then defence.
- Magistrates retire and deliver verdict — guilty or not guilty.
- Sentencing or disposal — if found guilty.
Order of Proceedings in the Crown Court
- Jury empanelled — 12 members sworn.
- Prosecution opening speech — directed to the jury, setting the case context.
- Prosecution evidence presented — with witness examination as above.
- Submission of no case to answer — by defence, after prosecution evidence.
- Defence case — opening speech (if calling witnesses other than the defendant), then defence evidence.
- Closing speeches — prosecution first, then defence.
- Summing up by the judge — legal directions and summary of evidence to the jury.
- Jury retire and return verdict.
- Sentencing — following a guilty verdict.
Key Term: submission of no case to answer
A legal argument by the defence that the prosecution’s evidence is insufficient for a reasonable court to convict, made after prosecution evidence has closed.Key Term: opening speech
The initial address by the prosecution (and by the defence in certain circumstances) outlining the respective case theory and highlighting key evidence.Key Term: closing speech
The final address by each party intended to summarise evidence and persuade the magistrates or jury before deliberation.
Burden and Standard of Proof
- In all criminal trials, the prosecution bears the legal burden of proving the defendant’s guilt, and must do so beyond a reasonable doubt (often explained as “so that you are sure”).
- The defence has no obligation to prove innocence. Where the defence relies on an affirmative defence (such as insanity), the legal burden shifts only for that issue, and then to the civil standard (balance of probabilities).
Key Term: burden of proof
The obligation on a party to prove allegations or facts in issue; in criminal cases, primarily the prosecution’s duty to prove guilt.Key Term: standard of proof
The level of certainty required: in criminal cases, “beyond reasonable doubt”; for defence-borne issues such as insanity, “on the balance of probabilities”.
Submission of No Case to Answer
- Available at the end of the prosecution’s case if the evidence is so weak that no reasonable tribunal could convict.
- If successful, the defendant is acquitted and the trial ends.
- If unsuccessful, the defence may proceed to call evidence.
Key Term: submission of no case to answer
A defence application, after prosecution evidence, for dismissal of the case for lack of evidence fit for conviction.
Worked Example 1.1
When can a submission of no case to answer be made, and what is its effect?
Answer:
It is made at the conclusion of the prosecution’s case, before any defence evidence is presented. If the application succeeds, the case is dismissed and the defendant is acquitted.
The Defence Case
- If the submission does not succeed, the defence may present its case, calling the defendant and any witnesses in support, who are subject to evidence-in-chief, cross-examination, and re-examination.
- The defendant cannot be compelled to give evidence, and adverse inferences may be drawn if they fail to do so.
- Closing speeches summarise the parties’ arguments before verdict is delivered.
Witness Evidence: Examination, Competence, Compellability
- Examination-in-chief: The calling party questions the witness to elicit their evidence.
- Cross-examination: The opposing party tests the evidence by questioning.
- Re-examination: Limited to clarifying matters from cross-examination.
- Competence: All witnesses are presumed competent to give evidence unless proven otherwise (e.g., inability to understand questions or communicate).
- Compellability: Most competent witnesses can be compelled to give evidence; exceptions include the defendant and, in some cases, a defendant’s spouse or civil partner.
Key Term: competence
The legal ability of a witness to give evidence, assessed by the court if in doubt.Key Term: compellability
The legal obligation of a competent witness to give evidence in court if called.
Special Measures
- Some witnesses (for example, children or vulnerable adults) may need support to give best evidence.
- Special measures include screens, live video link, evidence given in private, use of intermediaries, and communication aids, authorised by the court in appropriate circumstances.
Key Term: special measures
Court-ordered support or adaptations to help vulnerable or intimidated witnesses give their best evidence.
Mode of Address and Courtroom Etiquette
- Magistrates: Addressed as “Sir”, “Madam”, or “Your Worships” (collectively).
- District Judge (MC): “Sir” or “Madam”.
- Crown Court Judge: “Your Honour”.
- Use “my friend” or “my learned friend” to refer to the opposing advocate.
- Stand for the judge/magistrates’ entrance and exit unless otherwise directed.
- No eating, drinking, or mobile device use in court; turn off phones.
Key Term: courtroom etiquette
The expected standards of conduct, language, and behaviour by all participants and legal representatives in court.
Professional Duties and Conduct
- Solicitors owe a duty to the court to act honestly, not to mislead, and to advance their clients’ interests within the law.
- The solicitor must not knowingly mislead the court or allow a client to give false evidence.
- If a client confesses guilt but wishes to plead not guilty, the solicitor must not adduce any evidence which the solicitor knows to be untrue.
Key Term: solicitor’s duty to the court
The obligation of the solicitor to uphold the administration of justice and not mislead the court, overriding duties to the client where in conflict.
Verdict and Sentencing
- The magistrates or the jury in the Crown Court deliberate privately and return a verdict on guilt.
- If guilty, sentencing follows, potentially after reports are prepared.
Special Issues
Vulnerable and Intimidated Witnesses
- The court can permit special measures and make directions regarding evidence to maximise reliability and protect witnesses.
Submission of No Case to Answer for Certain Offences
- Not always available immediately for the most serious offences (e.g., murder); procedural rules or specific statutes may delay the timing of the submission until all the evidence (including defence evidence) has been heard.
Key Point Checklist
This article has covered the following key knowledge points:
- The trial procedure differs between magistrates’ and Crown Court but both follow a structured sequence of prosecution, defence, and verdict.
- The prosecution always bears the burden and standard of proof; only rarely does the burden shift to the defence.
- Submissions of no case to answer allow the defence to argue the prosecution evidence is insufficient.
- Witnesses are examined in chief, cross-examined, and re-examined, and must be competent and (usually) compellable.
- Special measures support vulnerable or intimidated witnesses.
- Proper modes of address and courtroom etiquette are required throughout proceedings.
- Solicitors owe overriding duties to the court as well as duties to the client.
- The verdict is delivered by magistrates or jury; guilty verdicts proceed to sentencing.
Key Terms and Concepts
- magistrates’ court
- Crown Court
- submission of no case to answer
- opening speech
- closing speech
- burden of proof
- standard of proof
- competence
- compellability
- special measures
- courtroom etiquette
- solicitor’s duty to the court