This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how prosecutors in England and Wales prepare and present criminal cases in court, from evidence review and witness preparation to trial procedures and legal submissions, explained clearly for students, professionals, and members of the public.
In England and Wales, criminal prosecutions are typically brought by the state through prosecutors acting on behalf of “The Crown”. The role of a prosecutor is to present evidence in court to prove that a defendant has committed an offence beyond reasonable doubt. This process follows defined legal procedures, governed by legislation, court rules, and prosecutorial policies. Understanding how prosecutors build and present cases helps demystify the criminal justice system for members of the public, victims and witnesses, students of law, and professionals engaging with the courts.
This article outlines the key stages in the preparation and presentation of a prosecution case in court, explaining each step in plain language and highlighting the rights of those involved.
Who Prosecutes Criminal Cases?
Most criminal prosecutions in England and Wales are conducted by the Crown Prosecution Service (CPS). This independent body reviews evidence gathered by the police or other investigative agencies after a crime is reported and investigated. Prosecutors at the CPS decide:
- whether there is enough evidence to justify a prosecution;
- whether prosecuting is in the public interest;
- what charges should be brought; and
- how to prepare and present the case in court.
Private individuals may also bring private prosecutions, but these are less common and must satisfy strict legal requirements.
Step 1: Case Review and Decision to Prosecute
Once police investigations are complete, evidence files are sent to the CPS for review. Prosecutors assess whether the case meets the Full Code Test, which requires:
- Sufficient evidence to give a realistic prospect of conviction; and
- Public interest factors supporting a prosecution.
This assessment determines whether the case should proceed to court, and if so, what charges should be brought.
Step 2: Preparing for Court
After charges are authorised, prosecutors prepare the case for presentation in court. Key elements include:
- Disclosure of evidence – all relevant material that might assist the defence must be shared in advance. This includes witness statements, expert reports, witness interviews, and documentary evidence.
- Initial details of the prosecution case (IDPC) – this document summarises the prosecution's case for the first hearing and includes material such as witness accounts and evidence summaries.
- Selecting witnesses – prosecutors decide which witnesses will be called to give oral evidence and which evidence may be agreed between the parties to streamline presentation.
Prosecutors must also prepare legal arguments and ensure compliance with court rules regarding evidence and procedure.
Step 3: Court Proceedings – First Hearing
At the first hearing (often in a magistrates' court), the court is notified of the charges and evidence. If the defendant pleads guilty, sentencing may occur at this stage or the case may be sent to a higher court. If the defendant pleads not guilty, the court sets a date for trial.
Prosecutors take part in hearings to address procedural matters, confirm witness availability, and ensure the case is ready for trial.
Step 4: Presenting Evidence at Trial
Trials begin with opening speeches from both prosecution and defence. The prosecutor's opening outlines the case the Crown intends to present.
Witness Examination:
- The prosecutor calls each witness in turn and questions them to explain what they observed or know. Questions are framed to guide the witness through their evidence clearly.
- After the prosecutor has finished questioning (examination-in-chief), the defence may cross‑examine to challenge accuracy or credibility.
Use of Statements:
- Where evidence is agreed between defence and prosecution, written statements may be read to the court without the witness giving oral evidence if allowed.
- Written admissions under section 10 of the Criminal Justice Act 1967 may be used where both sides agree facts, making trial presentation more efficient.
Prosecutors must ensure witnesses understand the process and are prepared to give their best evidence, particularly if they are vulnerable. This includes explaining procedures and supporting them before they give evidence.
Step 5: Legal Submissions and Closing Arguments
After all evidence has been presented, the prosecutor and defence make closing speeches. The prosecutor's closing argument ties together evidence and legal points, urging the court (or jury) to find the defendant guilty based on the evidence and legal standards.
Step 6: Verdict and Sentencing
In a jury trial at the Crown Court, jurors deliberate and deliver a verdict. In magistrates' courts, magistrates or a district judge decide guilt. If the defendant is convicted, sentencing follows, where the prosecutor may make submissions on appropriate penalties.
Key Principles and Rights
- Presumption of Innocence: The defendant is presumed innocent until proven guilty beyond reasonable doubt.
- Disclosure Obligations: The prosecution must disclose all relevant evidence, including material that might support the defence.
- Support for Victims and Witnesses: The CPS and court services provide assistance to witnesses, especially those who are vulnerable or intimidated, including pre‑trial information and special measures to facilitate best evidence.
Practical Example
Consider a burglary case investigated by police. Once the investigation concludes and the CPS authorises prosecution, the prosecutor will:
- Review all evidence and disclose it to defence solicitors.
- Prepare witness statements and agree evidence where possible.
- Present the case in court, calling the victim and any expert witnesses.
- Ask questions to establish the facts of the offence.
- Address the court on the strength of evidence before the judge or jury considers a verdict.
Summary
Prosecutors in England and Wales play a central role in criminal justice. Their work involves reviewing evidence, deciding on charges, preparing materials for trial, presenting evidence in court, and making legal arguments to support a conviction. At all stages, they must act fairly, respecting the rights of the defendant and supporting victims and witnesses. Understanding this process provides clarity on how criminal cases are pursued and adjudicated within the UK legal framework.
