First Court Appearance
Adults - this will be a Magistrates' Court
Youths (<18) - this will be a Youth Court
Who's involved?
who present the case against the accused person to the court
who manage the court hearing, including the usher who guides victims, witnesses and defendants in and out of court to give their evidence
Judge or Magistrates
who hear the evidence and if the person accused is guilty, will sentence the case
who provide advice about sentences, in guilty cases, to the judge or magistrates
Youth Offending Teams
who provide advice about sentences, in guilty cases, to the judge or magistrates – if the offender is under 18
Northumbria Youth Offending Teams:
Victim & Witness Support Agencies
who provide support to victims and witnesses
who support the defendant’s family both in court and during prison sentence
Victims & Witnesses
who can sit in the public gallery in adult courts after they have given their evidence. The youth courts are called closed courts which means they are not open to the public
Appropriate Adult or Intermediary
who support anyone who is vulnerable or has extra requirements
Interpreter
who translate into other languages when English is not spoken
Press
who may be present in an adult court which is open to the public. They may be present in a youth court but there are reporting restrictions in place
Public
who may be present in an adult court which is open to the public, but not in a youth court which is a closed court meaning the public cannot attend
if the defendant is either remanded (kept) in custody or sentenced to prison, prison staff will escort the person concerned to the prison
What might happen?
Defendant pleads guilty
the defendant is sentenced on the day or adjourned (given a new date) for sentence. This may involve a pre- sentence report from Probation or a Youth Offending Team and/or other reports e.g. medical reports to inform sentencing
Defendant pleads not guilty
the case is adjourned for trial
Case allocated to crown court
this might be due to the seriousness of the charge(s) or the defendant electing (choosing) trial by jury
Case is adjourned for another reason
this could be due to unexpected circumstances. A decision will be made about release on bail (with or without conditions) or remand (kept) in custody
Case is discontinued
this could be due to to other evidence becoming available or the victim withdrawing their support for the prosecution
Defendant fails to appear at court
sometimes the defendant will be sentenced in their absence or the case may be adjourned to a new date or a warrant issued so the police can bring the defendant to court
Extra help for witnesses at court (special measures)
Special measures may include:
Giving evidence through a TV link
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The witness can give their evidence via a live television link to the courtroom but from a confidential location, away from the court. This is often called a remote evidence suite. The witness will be able to see the courtroom and those in the courtroom can see the witness on a television screen; but the witness does not have to be in the courtroom.
Video recorded evidence
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The witness' evidence is recorded and played to the court.
Screens around the witness box
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A screen is placed around the witness box to prevent the defendant from seeing the witness.
Removal of wigs and gowns by the judge and lawyers
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The judge and lawyers in the Crown Court do not wear gowns and wigs so that the court feels less formal. This is usually used for young witnesses.
Evidence given in private
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This is when members of the public are not allowed in the courtroom.
Use of communication aids
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This is when the witness needs help to communicate what happened, for example, by using a doll or a drawing.
Examination through an intermediary
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An intermediary is someone who can help a witness with disabilities to understand questions that they are being asked, and can help make his or her answers understood by the court.
Interpreter
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To translate into other languages when english isn't spoken.
Pre-recorded cross examination
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Questions which have been agreed by the prosecution and defence are asked of the witness and the evidence is recorded and played back to the court.
