8.3 Crown Court Trial Procedure

8.3 Crown Court Trial Procedure

Trials on indictment in the Crown Court represent the apex of adversarial criminal litigation in England and Wales. Governed by Criminal Procedure Rules (CrimPR) Part 25, Crown Court trials feature a strict division of judicial responsibility: the trial judge presides as the sole tribunal of law, while a 12-person jury selected from the community acts as the sole tribunal of fact. This section provides an authoritative walkthrough of every procedural stage of a Crown Court trial, from jury empanelling to verdict delivery under the Juries Act 1974.

---

1. Jury Selection, Swearing & Challenges

Empanelling and Swearing the Jury

A panel of prospective jurors (drawn at random from the electoral register under the Juries Act 1974) is called into the courtroom. Twelve jurors are selected by ballot to enter the jury box. Before the trial begins, each juror takes an oath or makes a solemn affirmation to "faithfully try the defendant and give a true verdict according to the evidence."

Jury Challenges

Once jurors are called to the box, the parties may exercise limited rights of challenge before the juror is sworn:

1. Challenge to the Array: A challenge to the entire jury panel on the ground that the summoning officer (e.g. High Sheriff) was guilty of bias, fraud, or intentional partiality in compiling the panel.
2. Challenge for Cause: A challenge to an individual juror by either prosecution or defence. The challenging party must establish a compelling legal cause, such as:
   • Ineligibility or statutory disqualification (e.g. recent criminal conviction under Schedule 1 Juries Act 1974);
   • Actual or perceived bias (e.g. personal relationship with a party or witness).
3. Prosecution Right to "Stand By": The Crown retains an ancient common law right to ask a juror to "stand by" for the Crown. The juror steps down without the prosecution showing cause, unless the entire panel is exhausted and a full jury cannot be formed.
4. Abolition of Peremptory Challenge: The defence right to challenge jurors without showing cause ("peremptory challenge") was completely abolished by Section 118 of the Criminal Justice Act 1988.

Discharge of Individual Jurors During Trial

Under Section 16 of the Juries Act 1974, the trial judge may discharge an individual juror for medical incapacity, misconduct, or severe personal emergency. A Crown Court trial may continue as long as the jury number does not fall below 9 jurors.

---

2. Opening Speeches & Examination of Witnesses

Prosecution Opening Speech (CrimPR 25.9)

Prosecution counsel opens the case to the jury. The opening speech outlines the allegations on the indictment, explains the burden and standard of proof, summarizes the factual background, and previews the witness and physical evidence the Crown will adduce.

Evidentiary Examination Stages

Each prosecution witness takes the stand and undergoes three distinct examination phases:

• Examination-in-Chief: The party calling the witness elicits their direct evidence. Leading questions (questions that suggest the desired answer or assume disputed facts) are strictly prohibited on disputed factual issues, ensuring the testimony represents the witness's unprompted recall.
• Cross-Examination: Opposing counsel challenges the witness's testimony, tests their credibility, and puts the opposing case. Leading questions are fully permitted and widely utilized.
• Re-Examination: The party who called the witness may re-examine them to clarify or repair matters arising directly out of cross-examination. Counsel cannot introduce entirely new factual topics without leave of the judge, and leading questions remain prohibited.

---

3. Submission of No Case to Answer & Defence Case

Defence Submission of No Case to Answer (R v Galbraith)

At the conclusion of the prosecution case, the jury is directed to retire to the jury room while defence counsel submits that there is no case to answer.

• Role of the Judge: The judge evaluates the submission as tribunal of law using the Galbraith test:
  • Limb 1: No evidence that the crime was committed by the defendant.
  • Limb 2: The prosecution evidence, taken at its highest, is so weak or tenuous that a properly directed jury could not properly convict on it.
• Procedural Outcome: If the judge sustains the submission, the jury is recalled and the judge directs them to return a formal verdict of Not Guilty on the relevant counts. If the submission fails, the trial resumes.

The Defence Case & Opening Speech

• Defence Opening Speech: Under CrimPR Part 25, defence counsel is permitted to make an opening speech to the jury only if the defence intends to call witness evidence as to factual matters other than (or in addition to) the defendant.
• Defendant Testimony & Judicial Warning: The defendant is entitled to testify in their own defence (and must be called first among defence witnesses). Before the defence case opens, the judge must satisfy themselves that the defendant has been advised of their right to give evidence and warned of the risk of adverse inferences under Section 35 CJPOA 1994 if they refuse to testify without reasonable cause.

---

4. Judicial Summing Up, Deliberations & Majority Verdicts under Juries Act 1974 s.17

Closing Speeches

Following the close of defence evidence, closing speeches are delivered:

1. Prosecution Closing Speech: Summarizes the Crown evidence and explains why it proves guilt beyond reasonable doubt.
2. Defence Closing Speech: Defence counsel addresses the jury last, highlighting flaws in prosecution evidence and presenting the defence theory of innocence or reasonable doubt.

The Judicial Summing Up (CrimPR 25.14)

The trial judge sums up the case to the jury in two distinct sections:

1. Directions on Law: The judge provides binding directions of law, including:
   • Burden of proof (on prosecution) and standard of proof (beyond reasonable doubt / sure of guilt);
   • Legal elements of the offences charged;
   • Specific evidentiary warnings (e.g. Turnbull identification warning, Lucas lies direction, bad character evidence, adverse inferences under CJPOA 1994).
   • Written directions ("Split Summing Up" or "Route to Verdict" document containing structured questions for the jury).
2. Summary of Evidence: The judge presents an objective, impartial summary of the core evidence for both prosecution and defence, highlighting the key factual issues for jury determination.

Jury Deliberations & Majority Verdicts (Juries Act 1974 s.17)

After the summing up, the jury retires to the secret jury room under the charge of jury bailiffs.

• Requirement of Unanimity: The judge initially directs the jury that their verdict must be unanimous (12–0).
• Statutory Threshold for Majority Verdicts: Under Section 17 of the Juries Act 1974, the judge cannot accept a majority verdict unless:
  1. The jury has deliberated for a minimum of 2 hours and 10 minutes (or such longer period as the judge considers reasonable given the complexity of the case); and
  2. The judge has recalled the jury to open court and delivered the formal statutory majority direction.

Permissible Majority Split Combinations (Section 17 Juries Act 1974):

Announcement of Verdict in Open Court

When the jury returns, the court clerk asks the foreman of the jury whether they have reached a verdict upon which they are all agreed:

• Unanimous Guilty / Acquittal: The foreman responds "Yes" and states the verdict.
• Majority Guilty Verdict: If the verdict is guilty by a majority, Section 17(3) of the Juries Act 1974 creates a mandatory statutory requirement: the foreman must state in open court the precise numbers agreeing and dissenting (e.g. "Guilty, 10-2"). Failure to announce the exact voting numbers in open court invalidates the conviction.

---

Summary of Crown Court Trial Milestones & Requirements