Step by step court process
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Hi, just looking for a super simple step by step of the process....an idiots guide if you will lol
We have been sent to cps and awaiting charges back imminently.
Once cps are back with a decision do we go for a police interview/email/post or is it simply informed of charges.
Is it then to magistrates where they enter a plea? But not given the sentence/consequences yet.
Then to crown for sentences by a judge where we find out prison/community order etc. Is this where they may discuss in more detail exactly what was found
I'm a bit overwhelmed with the steps/terminology plea, magistrates, crown, sentencing which seems unclear.
Preparing myself as person providing limited information and I don't want to show up to the wrong part (I think I just want to attend final court with the final outcome for closure)
Thank you for support
We have been sent to cps and awaiting charges back imminently.
Once cps are back with a decision do we go for a police interview/email/post or is it simply informed of charges.
Is it then to magistrates where they enter a plea? But not given the sentence/consequences yet.
Then to crown for sentences by a judge where we find out prison/community order etc. Is this where they may discuss in more detail exactly what was found
I'm a bit overwhelmed with the steps/terminology plea, magistrates, crown, sentencing which seems unclear.
Preparing myself as person providing limited information and I don't want to show up to the wrong part (I think I just want to attend final court with the final outcome for closure)
Thank you for support
First court appearance for any offence is always at magistrates court. Personal details are confirmed, and the charge(s) are read. The magistrates will decide if they will deal with the case or if it will be escalated to crown court. The person may be asked to enter a plea at this point or the court may arrange for the person to come back for a plea hearing.
If a plea was not entered at the initial hearing then the next step will be a plea hearing either in magistrates or crown court dependent on who is dealing with the case. If a guilty plea is entered a date for a sentencing hearing will be arranged. If a not guilty plea is entered a date for trial will be arranged.
If the case goes to trial this will either be a summary trial (magistrates court) or a jury trial (crown court). All of the evidence will be presented and the accused will put forward their defence. The magistrates or the jury will then decide on a verdict, if not guilty the person walks free from court, if guilty a sentencing hearing will be arranged.
The final step in the process is the sentencing hearing, the magistrates or judge will explain the facts of the case, explain the aggravating and mitigating factors and then pass the sentence and explain their rational. If its a custodial sentence they will be taken down and kept in the courts holding cell till a van arrives and transports them to the local Cat B prison that serves the court.
At each of the court appearances except the sentencing hearing, the matter of whether to release the defendant on bail or remand them to prison will also be considered.
If a plea was not entered at the initial hearing then the next step will be a plea hearing either in magistrates or crown court dependent on who is dealing with the case. If a guilty plea is entered a date for a sentencing hearing will be arranged. If a not guilty plea is entered a date for trial will be arranged.
If the case goes to trial this will either be a summary trial (magistrates court) or a jury trial (crown court). All of the evidence will be presented and the accused will put forward their defence. The magistrates or the jury will then decide on a verdict, if not guilty the person walks free from court, if guilty a sentencing hearing will be arranged.
The final step in the process is the sentencing hearing, the magistrates or judge will explain the facts of the case, explain the aggravating and mitigating factors and then pass the sentence and explain their rational. If its a custodial sentence they will be taken down and kept in the courts holding cell till a van arrives and transports them to the local Cat B prison that serves the court.
At each of the court appearances except the sentencing hearing, the matter of whether to release the defendant on bail or remand them to prison will also be considered.
Forgot to answer your question about how you are informed of charges, in majority of cases this will be by post but can also be asked to attend a police station to be informed of charges in person. There shouldn't be any reason for the police to undertake further interviews as at this point they have already decided they have sufficent evidence to charge.
If you or your person have never been to court before it is often recommended that you attend someone elses case first, pretty much all court cases are open to the public and this gives an idea of what to expect.
If you or your person have never been to court before it is often recommended that you attend someone elses case first, pretty much all court cases are open to the public and this gives an idea of what to expect.