Video 12.3 The Crown Court

[JUDGE] I am the judge,and it is my jobto interpret and uphold the law.Other people presentduring a trial at the Crown Courtare the prosecution barrister and the defence barrister,usually with solicitors [prosecution and defence solicitors] behind them taking notes,and the Jury.The defendant will sit in the dockand be present during the trial.It is at my discretionwhether or not there is a public gallery.After the jury has been sworn in, I address them directly.I inform them it is for them to decide,if the evidence they are going to hearproves the defendant's guilt.I also inform them that it is their jobto consider the evidence,not the law,and that I will guide them if necessaryon points of law.

[PROSECUTING BARRISTER] I am the next person to address the jury.I introduce myselfand explain that I will appear on behalf of the prosecution in this caseand my learned friend, who I name,appears on behalf of the defence. I then outline the prosecution case,explaining each offenceand the evidence the jury will hear in proving this.I will state that it is the prosecution's responsibilityto prove beyond any reasonable doubtthat the defendant is guiltyof the offence that they are before the court for.I will introduce the first prosecution witness.

I will then ask a series of questionswith regards to the evidence they have givenin a statement to the police.This is known as examination in chief.Upon completion of this,the defence may ask the witnessa series of questions.This is known as cross-examination.Upon completion of the cross examinationI may be given the opportunityto ask a further series of question the witness.This is known as re-examination.I will continue to call witnessesuntil all the witnesses have been calledto the stand.I will announce to the court that this is the case for the prosecution.

[DEFENCE BARRISTER] At this point in the caseI may make an application of no case to answer to the judge stating that the prosecution has not raised sufficient evidenceto prove that the defendant has committed the alleged offence.If he finds in favour of my application,he will instruct the jury to find the defendant not guiltyand then he will release the defendant.This is an acquittal.If the Judge considers the prosecution has raised enough evidencethen I will continue with my case.As with the prosecution barrister,I will introduce the witnesses,however, at this timethey will be giving evidence for the defence.This will follow the same procedure of examination in chief,cross-examinationand then re-examination.At the end I will declare that was the case of the defence.

[PROSECUTING BARRISTER]I then stand and give what is called my closing speechwhere I outline the prosecution caseand try to persuade the jury the defendant is in factguilty.

[DEFENCE BARRISTER] I then stand and give my closing speech,outlining the defence's caseand try to persuade the jury that the defendant is not guilty.

[JUDGE] I will then sum up all the evidence.I will direct the jury on the legal issuesand what the prosecution has to proveif they are to find the defendant guilty.I will give them the legal options available,reminding them that if they are not surethey must find the defendant not guilty.

[FOREPERSON OF THE JURY] We then retire to make our decision.Once a decision has been reachedwe return and as foreperson of the juryI announce the jury's verdict.If found not guilty,the defendant is released.

[DEFENCE BARRISTER]If the defendant is found guiltyI will make a statement in mitigation to the judge,the judge will take this statement into accountbefore sentencing.

[JUDGE] I thank the jury for the service that they have provided.If the defendant is found not guilty, I will release the jury from the court.If the defendant is found guilty,I will move to sentence him in a straightforward case.It is likely in that instancethat the jury will remain in court.I may however postpone sentencingwhere other factors are to be considered.This can be particularly appropriatewhere there have been contentious issuesor where the defendant's backgroundis likely to have a significant impact on the sentence I pass.