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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.

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 questions may 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 questions may 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 common SQE1 pitfall.

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

Test yourself

Quick check questions based on this article.

Question 1

Scenario

A solicitor is representing a defendant charged with robbery at the Crown Court. The defendant has pleaded not guilty and the case is listed for trial. The prosecution case relies primarily on identification evidence from a single eyewitness who observed the incident from across the road at approximately 11pm. The solicitor has obtained expert evidence suggesting that the lighting conditions at the scene were poor and that the distance between the witness and the incident was approximately 30 metres. The defendant has told the solicitor in conference that he was at the scene of the robbery but that another person committed the offence. The defendant has a previous conviction for a separate robbery committed five years ago. At a pre-trial conference, the defendant tells the solicitor that he now wants to give evidence at trial that he was at home at the time of the robbery. The solicitor knows this to be untrue based on the defendant's earlier admission. The defendant insists on giving this evidence and becomes agitated when the solicitor raises concerns.

What should the solicitor do in response to the defendant's instruction to give false evidence?

Question 2

Scenario

A man is charged with assault occasioning actual bodily harm contrary to s.47 Offences Against the Person Act 1861. The case is being tried in the magistrates' court. The prosecution has called three witnesses, including the alleged victim. The prosecution's first witness is the alleged victim, who states that the man punched him in the face, causing a cut above his eye requiring four stitches. The second witness is a bystander who says she saw an altercation but could not identify who threw the first punch because it was dark. The third witness is a police officer who attended the scene and found the alleged victim with a facial wound. The police officer did not witness the assault. At the close of the prosecution case, the defence solicitor makes a submission of no case to answer. The defence solicitor argues that the bystander's evidence is inconclusive and the police officer did not witness the assault, meaning the prosecution relies entirely on the alleged victim's evidence. The prosecution opposes the submission, arguing that the alleged victim's evidence, if believed, is sufficient to prove the charge. The alleged victim's account has not been materially challenged during cross-examination. The man has one previous conviction for a public order offence, which occurred five years ago.

Is the magistrates' court likely to uphold the submission of no case to answer?

Question 3

Scenario

A woman is on trial in the magistrates' court for an offence of common assault. The prosecution opens the case and calls its first witness, who is the complainant. The complainant gives evidence-in-chief describing how the woman slapped her across the face without provocation. The defence solicitor then cross-examines the complainant. During cross-examination, the defence solicitor challenges the complainant's account and puts it to the complainant that the woman was acting in self-defence. The complainant denies this. After the prosecution closes its case, the defence solicitor informs the court that the woman will give evidence on her own behalf. The magistrates are considering the order of proceedings.

In the magistrates' court, who should give evidence first for the defence?

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