Criminal proceedings in the UK
Magistrates’ Courts
If X exceeds the speed limit when driving a car, thus committing a summary offence, he or she may be reported by the police for summons. The latter is served on the accused informing him or her of the alleged offence and commanding him or her to attend the court on a specified date and time, by which criminal proceedings are initiated. If X does not appear in court, the magistrates may issue a warrant for arrest. If X chooses to attend the court, he or she may consult a solicitor to receive advice on whether to plead “guilty” or “not guilty”. A “guilty” plea may lead to a quick settlement of the case usually by fine. If, however, X wishes to contest the accusation, he or she can plead “not guilty” and his or her solicitor will have to prepare a defence. If the defence is not successful and the defendant is found guilty, the magistrates will decide on a penalty. If the defence is successful, the defendant is acquitted.
Crown Court
If Y commits a theft which is to be tried by the Crown Court, a written accusation is drawn up and becomes an “indictment” when signed and approved by the trial judge, by which the suspect is formally charged with the respective crime. The defendant is then summoned to trial and arraigned with the court clerk calling him or her by name to the bar and asking him or her to plead “guilty” or “not guilty”. Prior to the trial there is a statutory requirement for disclosure by both prosecution and defence of any material relevant to the case, e.g. alibis, witnesses, exhibits, etc. If Y pleads “guilty”, the prosecuting counsel outlines the broad facts of the case to the court and the antecedents of the defendant, i.e. the life history and previous convictions, are read out. Then the defence counsel may make a speech in mitigation pointing out circumstances that should be taken into consideration by the court in fixing the sentence. The judge then may retire to consider his or her decision, which is subsequently delivered together with the penalty in open court. If Y, however, pleads “not guilty”, a jury is empanelled and sworn in, the prosecuting counsel outlines the broad facts of the case and shows how it intends to prove the case. The witnesses of the prosecution are then examined, cross-examined by the defence counsel, and if necessary re-examined by the prosecuting counsel. The defence counsel then outlines the broad facts of the defence. The witnesses of the defence are then examined, crossexamined by the prosecuting counsel, and if necessary re-examined by the defence counsel. At this point, the defendant Y may elect to go into the witness box and give evidence under oath and/or protest his or her innocence. Then the prosecuting counsel delivers a closing speech, the last speech, however, is attributed to the defence counsel. Afterwards, the judge instructs the jury on the law, sums up and explains that the burden of proof lying on the prosecution is to prove that the accused committed the offence beyond reasonable doubt. The jury then retires to deliberate in secret, without any external interference. If they do not reach a unanimous decision on the verdict, the judge will order retrial and empanel a new jury. If the defendant is found guilty by the jury, the defence counsel makes a speech in mitigation before the sentence of the court is pronounced by the judge.