了解刑事法院（皇家法院）审判程序
皇家法院审判的逐步指南——从提审到裁决和量刑。
概述
The Crown Court deals with the most serious criminal offences in England and Wales: all indictable-only offences (such as murder, rape, and robbery), and either-way offences sent up from the magistrates' court. All Crown Court trials on indictment are heard before a jury of 12 members of the public who decide the verdict. The trial process is governed by the Criminal Procedure Rules 2020 and is significantly more formal, complex, and lengthy than magistrates' court proceedings. This guide covers the key stages from first appearance at the Crown Court through to sentencing.
谁可以使用此程序
- You are likely eligible to use this guide if your situation involves understanding the crown court trial process.
- You have a genuine legal basis for the matter (contract, tort, statutory right, etc.).
- You have made reasonable attempts to resolve the matter directly with the other party first.
逐步流程
Arraignment and Plea
The first stage at the Crown Court is arraignment — the defendant is formally put to the indictment (the document setting out the charges) and asked to enter a plea of guilty or not guilty. For indictable-only offences, arraignment follows committal from the magistrates' court. The defendant stands and the charges are read out by the court clerk, who then asks 'How do you plead?'
- A guilty plea at arraignment or as early as possible attracts the maximum sentence reduction (currently up to one third)
- If you are entering a not guilty plea, the case will be listed for a Plea and Trial Preparation Hearing (PTPH)
- You can change your plea from not guilty to guilty at any time before verdict, though the sentence discount reduces the later the plea is entered
- Ensure you have received and reviewed full prosecution disclosure before entering any plea
Plea and Trial Preparation Hearing (PTPH)
The PTPH is the primary case management hearing in Crown Court proceedings. The judge will fix a trial date, give directions for service of evidence, set disclosure obligations, consider any pre-trial legal arguments (e.g., admissibility of evidence, abuse of process), and deal with fitness to plead issues. Both prosecution and defence are expected to be ready to provide full details of the case.
- The PTPH is typically 6–12 weeks after sending from the magistrates' court
- The prosecution must serve the Initial Details of the Prosecution Case (IDPC) before the PTPH
- Your solicitor/barrister should have reviewed the prosecution evidence before the PTPH to advise on plea and any legal arguments
- Applications to exclude evidence (e.g., under s.78 PACE 1984) are usually argued at the PTPH or at a pre-trial hearing
Jury Selection (Empanelling)
At the start of the trial itself, a jury of 12 is selected (empanelled) from a larger panel of jurors summoned to court. Each juror is sworn in. Both prosecution and defence have no right to challenge jurors without cause in England and Wales (the right to peremptory challenge was abolished in 1988), but either side may 'stand by' a juror for cause and the judge has a power to discharge a juror who should not serve.
- The empanelling process is usually brief — rarely more than 30–45 minutes
- Jurors are selected randomly from the panel; there is no vetting of jurors' views in ordinary cases
- If you believe a juror should be discharged (e.g., they know you, or display bias), bring this to your barrister's attention immediately
- A trial can, in exceptional circumstances, continue with 11 or fewer jurors if a juror has to be discharged after the trial starts
The Prosecution Case
The prosecution opens the case to the jury, summarising the evidence they will hear. They then call their witnesses. Each witness is examined-in-chief by the prosecution, cross-examined by the defence, and may be re-examined. Documents and exhibits are formally introduced. At the close of the prosecution case, the defence may make a submission of no case to answer (a 'half-time submission') if the prosecution evidence is so weak that no reasonable jury properly directed could convict.
- The prosecution must prove the case beyond reasonable doubt — the defendant does not have to prove anything
- Cross-examination by the defence is critical — it challenges the credibility and reliability of prosecution witnesses
- Do not speak to prosecution witnesses during the trial
- Your barrister should advise you on the strength of the prosecution evidence at the close of their case
The Defence Case
The defendant is not obliged to give evidence or call witnesses. If the defendant elects to give evidence, they are examined-in-chief by their own barrister, then cross-examined by the prosecution. If a defendant does not give evidence, the judge will direct the jury that they may draw such inferences as appear proper under section 35 of the Criminal Justice and Public Order Act 1994 — this is not the same as an adverse inference from silence at the police station. Defence witnesses may also be called.
- The decision whether to give evidence is one of the most important in the case — take careful advice from your barrister
- If you give evidence, you will be cross-examined by the prosecution and must answer questions (though you can decline to answer questions that would incriminate you on other matters)
- Character evidence can be put before the jury if the defendant has good character — this assists credibility
- An alibi defence (claiming to be elsewhere) must be disclosed in the defence statement under the Criminal Procedure and Investigations Act 1996
Closing Speeches, Summing Up, and Verdict
After all evidence has been heard, the prosecution and defence deliver closing speeches to the jury, summarising their respective cases and why the jury should find for them. The judge then sums up the case: directing the jury on the law, reminding them of the key evidence, and giving standard directions (e.g., burden of proof, how to approach witness credibility). The jury then retires to deliberate in private. A unanimous verdict is preferred; the judge may direct a majority verdict (10:2) after at least 2 hours of deliberation.
- The jury must reach its verdict without any contact with the parties or outside influence
- If the jury cannot agree, this is a 'hung jury' — the prosecution decides whether to retry the case
- Not guilty means an absolute acquittal — the defendant cannot be retried for the same offence (double jeopardy rule, subject to very limited exceptions under the Criminal Justice Act 2003)
- If convicted, the judge may sentence immediately or adjourn for pre-sentence reports
Sentencing
If the defendant pleads or is found guilty, the judge will sentence them. For straightforward cases, sentencing may occur immediately after verdict. For complex cases or where pre-sentence reports are needed (a Probation Service report assessing risk and recommending a sentencing outcome), sentencing will be adjourned. Sentencing follows the Sentencing Council guidelines. The starting point is adjusted for aggravating and mitigating factors, and for the guilty plea discount where applicable.
- You are entitled to make representations through your barrister in mitigation before sentence is passed
- A character reference from employers, community figures, or family members should be in writing and presented at the sentencing hearing
- If sentenced to custody, you will usually serve up to half before release on licence (standard determinate sentence)
- Appeals against conviction or sentence must be brought within 28 days — seek advice immediately
费用
重要警告
Do not discuss the case with anyone other than your legal team during the trial — this includes family members. Interference with justice or jurors is a serious criminal offence.
The 28-day appeal deadline runs from the date of conviction or sentence. Do not delay if you believe you have grounds of appeal.
You may be required to pay a Victim Surcharge and prosecution costs if convicted — the amounts can be substantial.