Understanding the Criminal Trial Stages

Introduction

Trial Process is based on four main stages. Those stages are: 1) the pleading stage which involves the filing of the complaint and the defence’s motions 2) Pretrial stage which is the discovery process for fact finding, 3) Trial stage where the jury seats to listen to the case. Trials take place in a court when a defendant pleads NOT guilty, of course if they plead guilty there wouldn’t be a trial. The trial helps the judge to determine whether the defendant is guilty or not guilty of the criminal offense they are under suspicion of. And 4) the Post-Trial stage which involves jury deliberations and announcement of judgement

In many cases, when the judge or jury find the defendant guilty or innocent based on the evidence presented in court they will sentence them in court same day. Most cases are held in an open court procedure and the members of the public can either walk in on a desired trial or can make a booking to come to a specific trial.

Mode of trial is the hearing after a plea has been made either not guilty or the defendant refuses to make a plea. During the hearing both defence and prosecution will submit the case.

Following this hearing. If the Magistrate Court decided to decline the trial hearing it can transfer it to the Crown Court which deals with more serious trials such as murder, rape, manslaughter and robbery.

Once the decision is made in favour of the trial by either courts. Then, second question will be whether there is sufficient prima facie for the case to go before the Crown Court. Summary offences (road traffic, drunk driving, driving without license among others), are tried by a judge alone and the defendant cannot insist on having jurisdiction. However, in an indictable offense (murder, rape, and threatening or endangering life) the defendant can insist on trial with jury, as an indictable offense may be or must be tried by judge and jury.

Many cases of criminal offenses require the defendant to come in person to the court. However, some exceptional offenses, for example, travelling without an oyster card the defendant can plea through post and the person is fined and they check validity of the not guilty plea and withdraw.

Burden of proof

The standard of proof is that evidence that a plaintiff is required to present before a trial court so that they can win. Depending on the matter at stake, different standards are required in different cases.

Burden of proof is the term used to indicate which side must provide proof for the judge to convict defendant. Standard of proof is ‘beyond reasonable doubt’. In criminal cases especially the standard of proof is very high as wrong assumption can lead to the defendant wrongfully lose liberty. The defendant is always innocent until proven guilty in the mind of the judge and jury. In the case of Woolmington v DPP (1935), Woolmington’s wife left him to live with her mother after they fell out. Woolmington stole a gun from his employer on 10 December 1934, and cycles to his mother in law`s house and shot his wife Vivian. In his defence, Woolmington said that he did not have the intentions of killing his wife and that he had gone there with a gun to ask her to come back. However, when she said no, he brought the gun out from underneath his coat to threaten the wife that he would kill himself and in the process of taking it out, the gun went off and shot his wife dead. Woolmington described the incident as a ‘pure accident’. Woolmington was found guilty and was sentenced to death. He however appealed and in his ruling Viscount Saney made the “Golden Thread” speech posited that it always was upon the prosecution to prove beyond reasonable doubt that the crime in question had been committed by the defendant. The defence of insanity is one common exception and where the legal burden of proof is placed on the defendant.

proceedures before trial

In criminal case the police will arrest any suspects or witnesses and gather reports based on evidence and witness statements. It is then the Crown Prosecution Service (CPS) who prosecute people who have been charged by the police due to criminal offenses. It is the CPS who decide whether there is enough evidence for the case to go to court.

Preliminary hearing is done an open court, in front of one judge and with no jury members. Prosecutors have the burden of proof but will only present a probable cause that the defendant committed a crime before the trial. During the preliminary hearing, the prosecutors present evidence, interview the witnesses and also preset expert testimony. That allows the judge to make a decision whether the defendant can stand trial or not. Defense will also have a chance to cross-examine the witnesses as well as presenting their own evidence to the judge proving innocence. Towards the end of the hearing, the judge will dismiss the charges, reduce the charges or rules that the defendant will go on to standing trial for the same charges.

However if the plea is guilty the defendant will be asked to make a ‘plea mitigation’ which is a statement which helps the judge to make a more lenient sentencing rather than going through trial and founding the defendant guilty at the end.

Considerations and procedures during trial

The adversarial system of justice is followed in court hearings and trials. In line with the adversarial system, the court sits in independent arbitration between the defence and the prosecution. Allegations are made by the prosecution and they go ahead and bring about evidence to support their cases. The obligation of the defence is to respond only when a prima facie case has been made and they are capable of arguing at any stage that the case that has been made out by the prosecution against the accused is not sufficient. Acting as an umpire, the court requires both sides to be observant of the set rules. Only in limited circumstances can the court call evidence of its own volition. Jurors assist the court in crown court cases in the assessment of the evidence that is presented to them and in the determination of innocence or guilt. In the event the jury is satisfied that the prosecution proved its case beyond reasonable doubt, the court determines the sentence. The central purpose of a trial is not to discover the truth but to establish whether the prosecution can within the rules prove its case beyond reasonable doubt. The court operates as a tribunal that investigates the crimes circumstances and further strives to establish the truth. Those elements that are connected to the investigation are examined, an open file accumulates the evidence and its evaluation and the court makes a determination.

In R v Burstow, the defendant had a rather brief relationship with a woman who went ahead to end their relationship, something the defendant did not come into terms with. The defendant then embarked on a campaign to harass the woman for an eight months period. He made abusive telephone calls, silent telephone calls, distributed cards that were offensive against her to her neighbours and even sneaked to her house and took photos of her. The woman as a result of all this suffered depression. The court had to determine whether psychiatric injury could be considered as bodily harm and whether an individual could be held liable when there was no direct contact or direct application of force. It was determined that psychiatric injury amounted to bodily harm.

Lastly, both cases have an opportunity to make a closing argument to convince the jury before the deliberation begins. The judge will read the notes gathered and remind the jury of the facts of both parties, stating weaknesses and strengths, then the jury will guided by the judge to make a professional decision, the judge will announce the verdict of the case.

Sentencing will then take place and the Judge may ask for previous offenses of the defendant, then the sentence may be a fine, imprisonment, or community punishment order.

Criminal cases are classified in 4 categories:

Class 1 Treason and Murder tried by a High Court Judge, Class 2 Manslaughter and rape

Class 3 Offences that are triable only by indictment

Class 4 Robbery, Grievous bodily harm and ‘either way’ offences, those aren’t tried by a High Court Judge

When the trial begins the Judge will enter court room, then the clerk of the court will confirm the identity of the defendant, and will read out the charges, confirms the defendant’s plea and calls him or her to the dock. Then 12 juries will be selected randomly by the clerk from individuals who have been called for jury service.

Following this the prosecution will making an opening speech by stating the charges against the defendant, summarising the evidence and listing witnesses. As well introducing the jury of standard of proof and burden of proof.

Firstly, both cases will make an opening statement in court. The main parts of the trial are the witness testimony and cross- examination. Witnesses that come forth to testify will be required to take an oath and be truthful when making their statement as well as answering questions by each side’s attorneys (The judge may ask questions at any stage).

Furthermore, the prosecution will begin to present evidence to prove that the defendant is guilty of the charge against him/her. The defence case will then have the same opportunity to present evidence to prove they are not guilty of the charges against them. All evidence will be considered fully and fairly by the judge. The judge plays a very important role during the trial, ensuring the case is conduct with relevant laws and procedures.

Conclusion

Section 51 of the Crime and disorder Act 1998 states that magistrates must send cases that can be tried for indictment to Crown Court to start trial. A plea and the case management will be held at the Crown Court (Criminal procedure rules 2005).

At the magistrate court the case is heard by two to four magistrates. A district judge can sit without other magistrates during a trial and there is no jury. The maximum sentence a magistrates can impose on an individual is maximum of £5,000 fine and or 12 months of imprisonment (s. 154 of the criminal justice Act2003). Businesses can be fined up to £20,000. However, during the sentencing is must be considered the amount of income of the defendant as they may not be able to pay it. Whenever there are reasons to believe that the potential earning capacity of an offender is greater than the income they currently get, courts may wish to adjust the fine amount to reflect that as was determined in R V Little 1976.

Another consideration during sentencing is the defendants criminal record and what offense, the magistrate will hear these. This will allow the magistrate to fit an appropriate sentence. Furthermore, if after considering those offenses their sanction is inadequate to sentence them, they will send them to Crown Court for sentencing.

References

Jaqueline Martin (2006). Criminal Law For A2. Oxon: British library cataloguing inn publication data. 4-7.

Andriani Kalintiri (2019). Evidence Standards in EU Competition Enforcement: The EU Approach. Great Britain: HART PUBLISHING. 33-40.