What Happens at a Trial?

A trial is the decisive stage in a criminal or civil case where evidence is examined, legal arguments are made and a court reaches a verdict or judgment. In criminal trials, the core question is whether the prosecution has proved the defendant's guilt beyond reasonable doubt. In civil trials, the judge determines liability on the basis of a balance of probabilities and, where appropriate, orders remedies such as damages or injunctions. Trials are fundamental to the justice system in England and Wales and follow structured procedures to ensure fairness and transparency for all parties involved.

1. Before the Trial: Setting the Scene

Before the trial date arrives, several preparatory stages take place. In criminal cases, the defendant enters a plea at an earlier hearing – often at a Plea and Trial Preparation Hearing (PTPH) in the Crown Court – and case management directions are given to organise how evidence and legal arguments will be dealt with at trial.

In civil matters, judges may issue trial directions, obliging the parties to file lists of documents, witness statements and agreed bundles of evidence as required by the court's timetable. This structured preparation helps manage the trial efficiently and reduces last‑minute surprises.

2. Trial Participants and Roles

Judges and Magistrates

In criminal trials:

• Magistrates' court trials are heard by magistrates or district judges without a jury for less serious offences.
• Crown Court trials of serious offences are heard by a judge with a jury of 12 members of the public who decide verdicts.

In civil trials, a judge alone determines the case. Jury trials in civil cases are very rare and apply only in specific circumstances such as defamation.

Jury (Criminal Trials Only)

In the Crown Court, jurors are randomly selected from the electoral register. Once sworn in, they listen to the evidence and must decide whether the prosecution has proved the offence. A majority verdict is permitted if unanimity cannot be reached after sufficient deliberation, provided defined majority thresholds are met.

Prosecutors / Claimants and Defence

• In criminal trials, the Crown Prosecution Service (CPS) or other prosecuting authority presents the case against the defendant.
• The defence challenges the prosecution's case and presents its own evidence and arguments.
• In civil trials, the claimant (the person who started the claim) presents their case against the defendant (the person defending the claim).

Witnesses and Experts

Both parties may call witnesses to give evidence under oath. This includes eyewitness testimony, police witnesses and expert witnesses who can provide specialist opinion on complex issues such as forensic evidence or technical matters.

3. What Happens During a Trial

Opening Statements

Trials typically begin with opening speeches from the prosecution or claimant, followed by the defence. These outline the case each side intends to make and set the context for the evidence that will follow.

Presentation of Evidence

Evidence is presented in a structured way:

1. Prosecution (Criminal) or Claimant (Civil) Case
   • Witnesses are called in sequence, take the oath and give viva voce evidence.
   • Each witness is examined by the party that called them and then cross‑examined by the opposing side.
   • Documents, videos, forensic reports and other exhibits may be tendered as evidence.
2. Defence Case
   • After the prosecution or claimant rests its case, the defendant or respondent may present evidence and witnesses.
   • In criminal cases, defendants are entitled to remain silent, including choosing not to give evidence themselves, though this may have implications for how their defence is viewed by the court.

Legal Arguments

Objections and legal submissions may occur at any stage. Judges rule on admissibility of evidence, legal points raised by counsel and ensure the trial adheres to law and procedure.

Closing Submissions

After all evidence has been given, both sides make closing arguments that summarise key points and persuade the judge or jury how the evidence should be interpreted. In criminal trials, the prosecutor goes first, followed by the defence.

4. Verdicts and Judgments

Criminal Trial Verdicts

In the Crown Court, the jury retires to consider whether the prosecution has proved guilt “beyond reasonable doubt”. If the jury reaches a verdict:

• Guilty: The defendant is convicted and the case moves to sentencing.
• Not Guilty: The defendant is acquitted and free from the charge.

If the jury cannot reach a sufficient majority, the judge may direct a majority verdict or, if deadlock persists, declare a hung jury, often leading to the possibility of a retrial.

In a magistrates' court, the judge or magistrates decide the verdict based on the evidence presented.

Civil Trial Judgments

In civil trials, judges deliver a judgment on the balance of probabilities, determining whether the claimant's case has been established. The court's decision will indicate liability and set out any remedies, such as an award of damages or a court order.

5. After the Trial

Sentencing (Criminal Cases)

If a defendant is convicted, sentencing may occur immediately or at a later sentencing hearing once reports and victim impact statements have been prepared. Courts have a range of sentencing options from community orders to imprisonment, depending on the seriousness of the offence.

Remedies and Orders (Civil Cases)

In civil cases, the court may order the defendant to pay compensation, enforce an injunction, or issue other remedies appropriate to the legal dispute.

Outcome Communication and Support

Victims and witnesses are usually informed of the outcome by the Witness Care Unit or other relevant authority and may be supported to understand the implications of the verdict and any sentencing.

6. Practical Considerations and Rights

Trials can be stressful and lengthy, sometimes requiring several days or weeks of hearings. Court listings may change and witnesses may be called on different days than expected due to scheduling.

All participants have rights:

• Fair trial rights, including representation by a solicitor or barrister.
• Public access to most hearings to promote open justice.
• Victims' rights to information under the Victims' Code.

Summary

A trial is the formal examination of evidence and legal arguments before a court in pursuit of justice. It involves structured stages: opening statements, presentation and questioning of evidence, legal submissions, closing arguments and, in the end, a verdict or judgment. In criminal trials, a jury typically decides guilt in the Crown Court, while magistrates or judges decide in less serious cases. In civil trials, judges determine liability and remedies. Understanding each of these stages helps participants and observers engage confidently with the legal process.

James William Steven Parker

James is the founder of UKLegalGuides.com and a former agent at the Ministry of Justice (UK). With a background in processing legal claims, he launched this platform to make the laws of England and Wales accessible to everyone.