I am appearing in court
Appearing in court is often a new and stressful experience for people. Here is some basic information to help you understand what will happen.
Appearing in court is often a new and stressful experience for people. Here is some basic information to help you understand what will happen.
The courts are not user friendly. This is an unfortunate truth that has to be made clear at the outset. Any person involved in criminal proceedings whether they are defendants. alleged victims, or witnesses, will find that the process is beset by delay and uncertainty.
This is particularly so for crown court cases. Backlogs are large and growing. Court staff are doing their utmost to make a process work that was never really designed for modern day volumes or expectations. Dates given by courts are often not adhered to. Because of the strains on the system more work is sometimes listed than courts can cope with. Hearings can be moved in the late afternoon of the day before. Sometimes it may be simply too late for solicitors to let clients know of changes.
Investing in the criminal justice system is not a popular option for any government, and unfortunately we all must all strive to do our best to make the system, as it is, work.
If you are charged with an offence, you will have to go to court for a hearing. You will receive, or be given, a letter or form from the police telling you where and when it will be. You must attend your hearing as it is against the law not to go.
If you are on bail, failure to attend can be very serious. In the short term you stand to be arrested and held in custody until you can be produced to a court. In the longer term a failure to surrender your bail (come to court) may mean that it is less likely that you will be given bail in both your current case and (if you get into trouble again) in the future.
For the least serious offenses ( for example low level road traffic offenses ) you are likely to receive a summons through the post which may well give you the opportunity to pay a fixed penalty. If you do need to attend court and you wish to be represented you should consult a solicitor as soon as possible. Legal aid may be available, but this will not necessarily be the case, whatever your means. This is an issue upon which a solicitor can advise you. In the paragraphs below we explain what happens in more serious criminal cases which are generally initiated with a charge.
If you are charged with a criminal offence you should think about consulting a solicitor who specialises in crime work straight away .
Whether you are entitled to legal aid depends on how serious the offence is, after that the amount of legal aid you get towards the cost of your defence depends on your financial situation. For most proceedings started with a charge and serious enough that you may be in danger of a custodial sentence some legal aid is available and will cover some, if not all, of your expenses. This would include the costs of a barrister if your case goes to the crown court. Criminal Legal Aid can only be arranged by a solicitor who has a contract with the government to let them do legal aid work. As a barrister’s chambers we cannot arrange legal aid, that must be done through our instructing solicitors, as with virtually all crime chambers the majority of our defence work is legal aid work.
People sometimes think that a lawyer paid for by legal aid is not as good as one paid for privately . That is simply not true. The vast majority of lawyers doing crime work represent both legal aid and private clients. Barristers at Citadel all do both privately funded and publicly funded defence work . That is normal in virtually all Chambers.
The first hearing will normally take place in a Magistrates’ Court. Some cases can only be dealt with by magistrates, and in such cases, you will have no choice on venue .
Many cases are ‘either way’ offences – for example, any charge of theft, no matter how small the value of the item allegedly stolen.
In either way offences the magistrates will initially decide how the prosecution should continue, largely based on their sentencing powers. They will consider a number of things such as the seriousness of the offence. The magistrates will then decide whether the case should be heard at the Magistrates’ Court or at the Crown Court. If the magistrates accept jurisdiction you still have a choice to elect a trial with a judge and jury in the Crown Court.
If your case is to proceed in the Magistrates’ court you will be asked to plead either guilty or not guilty. If after hearing the full facts of the case the magistrates may still decide in an either way matter that their own sentencing power is insufficient and commit to the Crown Court for sentencing .
The most serious types of offences are known as ‘indictable only . Neither you or the magistrates have any choice , the case will be sent to the Crown Court .
If your case is being sent to the Crown Court, you will be asked by the magistrates for an indication what your plea will be at the Crown Court.
The magistrates will decide whether you can leave on bail or whether you should be kept in prison on remand. Your solicitor will of course have the opportunity to make representations on whether you get bail or not.
Magistrates’ Court
- The process is generally quicker.
- Your case will be heard by a panel of magistrates or just one district judge.
- There’s no jury.
- It has less powers for sentencing than the Crown Court but it can give prison sentences and fines.
- Many defendants are not represented. There are sometimes barristers in magistrates court – but in general defendants who are represented are represented by solicitors .
Crown Court
- It is more formal than the Magistrates’ Court.
- There will be a judge and a jury.
- The Crown Court can give longer prison sentences and larger fines.
- The process can take a lot longer to resolve.
- Defendants in the crown court are usually represented by barristers,
Criminal Barristers are specialists in courtroom advocacy. That specialism and experience also give the barrister greater insight when it comes to advising on likely outcomes, the right plea to be entered, and, if necessary, preparing for trial.
Specialist criminal barristers including those at Citadel are used to dealing with juries. Most barristers at Citadel will prosecute and defend. This is completely normal. It has the advantage of giving objectivity, and whilst you will always want to feel your barrister is on your side you will also want to know that any advice given is balanced and informed by your barrister’s experience of working on both sides of the courtroom.
Barristers are self-employed but work in “sets” or “chambers” like Citadel.
A barrister’s job is to act in your best interests and they will keep your affairs confidential. That is always what we will do. Your barrister will explain to you exactly what is happening in a way that you understand. They will provide you with advice and keep you informed of the way that your case is progressing.
Your barrister will explain to you the purpose of each hearing, provide you with advice on the evidence, and discuss the way the case is progressing. He or she will help you prepare for Court, and will speak on your behalf during the hearings. Your barrister will use his/her skill and experience to achieve the most favourable outcome for you.
Your barrister is instructed by your solicitor. Your solicitor will play a vital part in the preparation of your case and is your point of contact with the barrister. It may seem inefficient or old-fashioned for all contact with the barrister to be through your solicitor, but that ensures that you, your solicitor, and your barrister all have the same information at all times, which is vital to the successful conduct of your case.
You should never be afraid to ask your barrister questions. They need to know that you understand what is going on, and if you don’t understand, then they need to know that too. If you are not happy about how your case is progressing you should speak to your solicitor or barrister ultimately we do have a complaints process which can be found on our website. Cases can take months, if not years to be completed if you are awaiting a trial. If you are not happy with your barrister, whether from Citadel or anywhere else, you can ask to have the barrister changed.
If you are charged with a crime you will be asked whether or not you did it. Your answer is called ‘entering a plea’. If you are in the crown court you may have already indicated your likely plea in the magistrates court. The court gives credit ( a reduction in sentence) for early indication of a guilty plea. You should not of course give any such indication unless you are certain of the position, which, in the majority of cases, will involve taking legal advice.
Sometimes a defendant may agree that they committed the offence charged, but not in the manner the prosecution say. Sometimes it can be agreed in such circumstances that the facts of the offence can be agreed between prosecution and defence to be read to the judge. This is called a ‘basis of plea.’
If you plead guilty the case may well be adjourned to a separate sentencing hearing for sentence. If you plead not guilty the case will certainly be adjourned for preparations for a trial. The court must then decide if you can be released on bail or whether you will be kept in prison. Bail is granted depending on the offence you are charged with and the risk of your failing to surrender. How you have behaved if you have previously been given bail is an important factor. Offending whilst on bail, or failing to surrender bail will seriously affect the chances of getting bail in the future.
Your barrister will discuss the options and make representations to the judge if necessary. Bail can be granted on a conditional basis.
If you are given bail, then it is often given with conditions such as staying at a certain address or not having contact with certain people. If you break these conditions the court can take your bail away and send you to prison on remand instead.
- Make sure you know the day and time of your hearing.
- Make sure you know the address of the Court, and you know how to get there.
- Organize your transport in advance.
- If you are delayed by public transport difficulties, contact your lawyers or the Court to keep someone informed.
- When you arrive at the Court building, the Court staff will tell you where to go.
- When you meet your barrister, if there is anything you don’t understand, ask your barrister to explain.
- After the hearing, your barrister may need to speak to you again, but might have to ask you to wait for a few minutes if he / she cannot leave the Courtroom immediately
- Take a pen and paper.
- Follow the instructions given to you at court.
If you have been advised you are in danger of a prison sentence do not drive a car to court unless you have made arrangements for it to be taken home in case the worst comes to the worst!
If your case goes to trial the court and the jury will decide whether you are guilty or not.
It is not the role of the prosecution barrister to do their best to ensure you are convicted. It is their job to fairly put the prosecution case and evidence before the court. During the trial, the prosecution calls for evidence from witnesses, to prove that you are guilty.
Your barrister will be able to question the prosecution witnesses. He/she will also advise you whether you should give evidence in your defence and whether you should call any witnesses as part of the defence case. Essentially, your barrister will argue the case for you.
If you are found guilty, the court will sentence you. They can give you any of the following:
- Absolute discharge – you won’t get any punishment.
- Conditional discharge – There won’t be any further punishment if you don’t commit any more offences for a certain amount of time.
- Pay a fine
- Community sentence – This involves taking some sort of action within the community. Eg unpaid work, getting help to deal with drink or drug problems. If you don’t follow the terms of this kind of sentence then the court can re-sentence you and that could mean going to prison.
- Prison sentence- the court will decide what type of sentence you will receive and how long it should be. You could be given a ‘suspended’ prison sentence. This means that you would not have to serve the prison sentence, if you did not commit any further offences for a set period of time, and if you complied with any other conditions attached to the suspended sentence.
You may be able to appeal to a higher court if you disagree with your sentence or conviction. It is best to talk to your barrister about this and they will advise you as to whether it is a wise course of action or not. In certain circumstances, it is possible to appeal against conviction or appeal against the sentence imposed.
This does not apply in every case, so it is best to speak to your barrister about this. You should always be aware that a judge hearing an appeal can order that the sentence starts from the date of the decision of the appeal, and time served before that point can be lost.
A judge would only normally do this if it was considered the appeal was absolute without merit. Providing advice on the possibility or merits of an appeal is an important part of your barrister’s professional duties.
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