Criminal court hearings
There are two types of criminal courts, Crown court and the Magistrates court. Crown court deals with all the serious criminal cases such as rape, murder, GBH etc.
Magistrates deal with less serious criminal cases such as minor assaults, theft, criminal damage etc. All criminal court cases begin at the Magistrates court where if a case is serious then it is committed to the crown court. Crown court has a jury. Magistrates court cases are heard by 2 or 3 Magistrates or one district judge. There are no jury present in Magistrates court.
The first hearing is where the defendant enters a plea of guilty or not guilty. Sometimes the defendant can appear in the remand court if they are arrested and charged or where there has been an overnight arrest and they can enter their plea at the remand hearing.
If a guilty plea is entered, the court decides if the defendant can be sentenced straightaway or they may require a pre-sentence report from the Probation service. This can be done on the same day or the defendant can be requested to attend another day. Only the Magistrates or the judge can decide on how to sentence a defendant.
If a not guilty plea is entered, court will list another hearing called the trial. This is where the court will get to hear the evidence surrounding the case and make a decision on the defendant’s guilt or innocence, please read more at https://www.gov.uk/guidance/rules-and-practice-directions-2020
Pre Trial visits can be arranged if someone is a witness to a trial. This can be booked via Citizen’s Advice – Witness service – please read more at https://www.citizensadvice.org.uk/law-and-courts/legal-system/going-to-court-as-a-witness1/
There is also the option to write a victim impact statement which can be read at sentencing which the judge will take into account when sentencing the perpetrator. It is a good opportunity to provide one, as often the impact and aftermath of the abuse experienced isn’t considered during the criminal justice process.
Throughout the criminal court process you will have the support of a Court IDVA who can attend any hearings if you do not want to attend yourself. This is often helpful in the early stages of pre-trial hearings and plea hearings. You can of course attend if you wish. Courts have public galleries where members of the public are able to sit and watch proceedings in both magistrate and crown courts.