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Trial Procedure in Criminal Cases for SQE1

Part of our SQE1 Criminal Practice guide → View the full SQE1 Criminal Practice guide

12 May 2026

Know how criminal trials unfold in both Magistrates' Court and Crown Court. SQE1 tests the order of proceedings, judicial roles and key procedural steps.

Trial Procedure in Criminal Cases

Criminal Practice > Trial Procedure in Criminal Cases

What Is Trial Procedure in Criminal Cases?

Candidates frequently confuse the procedural rules for trials in the Magistrates' Court with those in the Crown Court, particularly who speaks last — a distinction SQE1 examiners test repeatedly. Candidates frequently confuse the procedural rules for trials in the Magistrates' Court with those in the Crown Court, particularly who speaks last — a distinction SQE1 examiners test repeatedly.

Both courts follow a broadly similar sequence: prosecution opening and evidence, defence evidence, closing speeches, and verdict. The Crown Court adds jury directions and deliberation.

Key Principles for SQE1

Magistrates' Court Trial Order

  1. Prosecution opening
  2. Prosecution evidence (witnesses called and cross-examined)
  3. Submission of no case to answer (optional)
  4. Defence evidence
  5. Closing speeches (defence then prosecution, if the defence called evidence other than the defendant)
  6. Verdict

Crown Court Trial Order

  1. Jury selection and swearing in
  2. Prosecution opening
  3. Prosecution evidence
  4. Submission of no case to answer (in the absence of the jury, known as a 'half-time submission')
  5. Defence opening (optional)
  6. Defence evidence
  7. Closing speeches (prosecution then defence — defence always speaks last in the Crown Court)
  8. Judge's summing up
  9. Jury deliberation and verdict

Submission of No Case to Answer

Under the Galbraith test (R v Galbraith [1981]), at the close of the prosecution case, the defence may submit that there is no case to answer. The test is: (a) if there is no evidence that the crime was committed by the defendant, the judge must direct an acquittal; (b) if the prosecution evidence is such that, taken at its highest, no properly directed jury could properly convict, the judge should withdraw the case from the jury.

Jury Directions

The judge must direct the jury on the law, the burden and standard of proof, and any relevant evidential issues (e.g., Turnbull identification, hearsay, bad character). The summing up must be fair and balanced.

Verdicts

In the Magistrates' Court, the magistrates deliver a verdict. In the Crown Court, the jury must first attempt to reach a unanimous verdict. If unable, the judge may accept a majority verdict (minimum 10:2 for a 12-person jury) after a minimum deliberation period (usually at least 2 hours and 10 minutes).

Newton Hearing

Where the defendant pleads guilty but disputes the prosecution's version of the facts (and the dispute would make a material difference to sentence), the court holds a Newton hearing to determine the factual basis for sentencing.

Exam tip

SQE1 questions test the order of proceedings (particularly who speaks last in each court), the Galbraith test for no case to answer, and the rules on majority verdicts. A common trap is stating that the defence speaks last in the Magistrates' Court — in the Magistrates' Court, the prosecution may have the last word if the defence called evidence other than the defendant. In the Crown Court, the defence always has the final speech before the summing up.

How This Appears in SQE1 Questions

SQE1 questions test the order of proceedings (particularly who speaks last in each court), the Galbraith test for no case to answer, and the rules on majority verdicts. A common trap is stating that the defence speaks last in the Magistrates' Court — in the Magistrates' Court, the prosecution may have the last word if the defence called evidence other than the defendant. In the Crown Court, the defence always has the final speech before the summing up. This is a classic SQE1 trap.

Quick Example Scenario

At the close of the prosecution case in a Crown Court trial for assault, the sole prosecution witness gives contradictory evidence and the CCTV footage is inconclusive. Defence counsel makes a submission of no case to answer. How should the judge decide?

Applying the Galbraith test, the judge must consider whether the prosecution evidence, taken at its highest, is such that a properly directed jury could properly convict. If the prosecution witness's evidence is so contradictory that no reasonable jury could rely on it, and the CCTV is inconclusive, the judge should withdraw the case from the jury and direct an acquittal.

Common Mistakes Students Make

  • Getting the order of closing speeches wrong — in the Crown Court, the defence speaks last; in the Magistrates' Court, the prosecution may speak last if the defence called evidence other than the defendant
  • Misapplying the Galbraith test — it is about whether the evidence could properly support a conviction, not whether the judge personally believes the defendant is guilty
  • Forgetting the majority verdict rules — a minimum of 10:2 for a 12-person jury, and only after the judge directs that a majority is acceptable
  • Overlooking the Newton hearing — where a guilty plea is entered but the facts are disputed, the court may need to resolve the factual dispute before sentencing

Quick Summary

  • Trial procedure is the structured sequence by which courts hear evidence and reach verdicts: Magistrates' Court order: Prosecution opening → prosecution evidence → no case submission (optional) → defence evidence → closing speeches (defence then prosecution if defence called evidence) → verdict Crown Court order: Jury selection → prosecution opening → prosecution evidence → no case submission (half-time, without jury) → defence opening (optional) → defence evidence → closing speeches (prosecution then defence — defence last) → judge's summing up → jury deliberation → verdict Galbraith test: For no case to answer, if no evidence of defendant's crime OR evidence could not support reasonable conviction, judge acquits or withdraws from jury Jury verdicts: Must first attempt unanimous verdict; if unable, judge may direct majority verdict (min. 10:2 on 12-person jury) after minimum 2 hours 10 minutes deliberation Judge's directions: On law, burden and standard of proof, and evidential issues (Turnbull, hearsay, bad character) Newton hearing: Where guilty plea but facts disputed and dispute material to sentencing, court determines factual basis

The Structured Process by Which Cases Reach Verdicts

Knowing how a criminal trial unfolds — in both the Magistrates' Court and the Crown Court — is essential for SQE1. Questions test the order of proceedings, the role of the judge and jury, and key procedural steps such as the submission of no case to answer.

Want to test this now? Try a few SQE1-style questions below before moving on.

Test Yourself

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Practise Trial Procedure in Criminal Cases Questions for SQE1

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