Criminal Law

The criminal trial procedure- a step by step guide

By August 12, 2020 No Comments
The criminal trial procedure
As a law student, one of the fundamentals of your study is understanding how the criminal trial proceedings are handled, from its inception to when a sentence is passed. Your law tutor London will be able to guide you through the procedure of a criminal trial, which is essential in preparing you as a criminal law student for the actual real-life scenario.

The stages in a criminal trial

The stages of all criminal law trials are the same and follow a certain prescribed pattern. A majority of criminal trials take place before a magistrate’s court. The procedure of a criminal trial involves the following;

  • Pre-trial reviews- this occurs before the initiation of the actual hearing and involves ironing out any legal issues arising before the hearing begins.
  • The actual trial- this has laid out procedures with various stages.
The stages include;

  • The charges are read to the defendant by the presiding judge
  • Plea taking- once the charges are read out, the defendant will be required to plead guilty or not guilty. A not guilty plea results in an adjournment for a tree-trial hearing. A guilty plea might result in immediate sentencing or sentencing done on a later date in serious offenses.
  • Opening speech by the prosecution
  • Presentation of the evidence by the prosecution followed by the cross-examination of the prosecution evidence by the defense team
  • Submission of no case to answer in instances where the defense is not satisfied or has discredited the presented evidence
  • The defense case- the defense presents their case in favor of the defendant
  • Closing speeches- the defense has the privilege of having the “last word” as they close the proceedings with a speech
  • The verdict- the judge retires to consider the verdict.
  • Sentencing- the judge will pass the sentence

Criminal forfeiture - Conclusion

A law tutor will ensure that as a criminal law student, you get the knowledge and a deep understanding of the procedure of a criminal trial.