Subsequent Court Appearances
If allocated to crown court, first appearance at crown court will be a plea and directions hearing.
Who's involved?
who provide advice about sentences, in guilty cases, to the judge or magistrates
who manage the court hearing, including the usher who guides victims, witnesses and defendants in and out of court to give evidence
Judge or Magistrates
who hear the evidence and if the person accused is guilty, will sentence the case
Jury
in not guilty cases, will determine if the defendant is guilty or not in a crown court only. In a magistrates’ court, a bench of three magistrates or a district judge will determine whether the defendant is guilty or not
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:
Victims & Witnesses
who give their evidence and may also want to observe proceedings after they have given their evidence
Victim & Witness Support Agencies
who support and offer pre-trial court room visits to familiarise victims and witnesses with the setting before they give evidence
who support the defendant’s family both in court and during prison sentence
Defence Solicitor/Barrister
who represent the defendant
Appropriate Adult or Intermediary
who support where someone is vulnerable or has extra requirements
Interpreter Service
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
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 defendant may be acquitted (found not guilty) or found guilty, in which case they will be sentenced on the day or adjourned for sentence. This may involve pre-sentence reports and/or other reports e.g. medical
Where case is adjourned
a decision will be made about release on bail, with conditions or not, or remand (kept) in custody
Case is discontinued
this could be due to other evidence becoming available or the victim withdrawing their support for the prosecution
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 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 is not 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.
