Crown Court trial
Trial on indictment in the Crown Court is before a judge and jury, with the judge deciding law and the jury deciding facts. Serious and elected either-way cases are tried here following sending under s.51.
What "Crown Court trial" covers
- After sending, the case proceeds through the plea and trial preparation hearing (PTPH) where the defendant is arraigned and enters a plea.
- The judge rules on questions of law, admissibility of evidence and directions; the jury of twelve determines guilt on the facts.
- The prosecution opens, calls evidence, and the defence may make a submission of no case to answer to the judge (Galbraith) in the jury's absence.
- The judge sums up the law and evidence and directs the jury; the jury should first be directed to reach a unanimous verdict.
- A majority verdict (e.g. 11-1 or 10-2) may be accepted only after the jury has deliberated for a minimum period and the judge so directs (Juries Act 1974 s.17).
- Disclosure under the CPIA 1996 is central: prosecution disclosure of unused material, a defence statement, and continuing review of disclosure.
- On conviction the judge sentences within the statutory maxima, applying Sentencing Council guidelines; the greater sentencing powers of the Crown Court apply.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For crown court trial, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Assuming majority verdicts are available immediately — a minimum deliberation period must pass before the judge may accept one.
- Confusing the roles: the judge decides admissibility and law, the jury decides the facts and verdict.
- Forgetting the defence statement obligation in the Crown Court, non-compliance with which can attract adverse comment.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on crown court trial.
FAQ
Is crown court trial tested on SQE1?
Yes — crown court trial is part of the SQE1 Criminal Litigation syllabus (FLK2) and can appear in single best answer questions.
How is crown court trial examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (s.51 Crime and Disorder Act 1998, Juries Act 1974 s.17) helps.