Depending on the severity of the allegations and timing of when the offending took place usually determines whether the defendant is arrested or asked to attend the police station at a mutually convenient time to discuss the matter, whilst under caution. In either case the person will be processed in the same way. Once these formalities have concluded and if they are released on bail a period of time will pass until firstly a charging decision is made after the case has been referred to the Crown Prosecution Service CPS. Once this has happened, they will be bailed further and committed to enter a plea at The Magistrates Court. They will then be further bailed, and a date should be set for a Crown Court trial. If they are remanded into custody, the legal team will arrange appointments to call or visit the defendants to discuss the trial preparations.
If they haven’t pleaded guilty, they will be given a date for the trial during the plea hearing which is usually held in a magistrate’s court. There is likely to be a minimum of 12 months delay between the hearing and the trial date. During this time, depending on the nature of the case there should be regular meetings with the legal team appointed to assist with the defence. In the final months and weeks, they will be invited to review the evidence lists and reread any discussions or interviews in order to refresh their memory. The same will happen with the complainant. The case will be heard as being between the Crown (the Government) and an individual in Criminal Cases = Regina (The Crown) v the Defendant.
If you have never found yourself in a courtroom before expect to be feeling anxious and fearful in the time leading up. Courts are not places that anyone ever wished to find themselves and they are not designed to be places where much fun is to be had. Everything is very formal, and you will be subjected to a similar search experience which you have when travelling abroad upon entering the building. There should be refreshments available but do not rely on this so take something with you. Court sessions are usually heard between 10am – 5pm with a break around lunch time, at the judge’s discretion.
Make an effort on the first and subsequent days to dress appropriately for the occasion. If male, a clean suit, haircut, shave (unless bearded) and polished shoes will not only find the person wearing them developing in confidence, but you must always remember that he is being judged by a jury of his peers, so it does more good than harm to look as if he has made an effort. And in all honesty; the same goes for yourself.
Do not be late for sessions. If they have not been taken to the court from custody, arrive at least 30 minutes early as this is invaluable time to use finding your way around and always assuming that they are on time, have some conversation with your legal representative.
Be prepared during the trial to witness the CPS and prosecution barristers have banter, pop into each other’s allotted court space, and discuss other cases quite openly in the waiting areas. Should any witnesses attend court in order to give their evidence, they will be kept in a room which is apart from the general waiting area. They will also, quite rightly, be chaperoned around the building. In most situations the witness support will sit to the left of the public gallery and defence to the right. When leaving a court session be mindful to allow those from the left to leave first. You are being judged at every opportunity, so show some respect.