What happens at a criminal trial
At trial the prosecution must prove guilt so that the magistrates or jury are sure; the defendant does not have to prove anything. The order of a trial is set by the Criminal Procedure Rules 2025 (r.24.3 magistrates' court, r.25.9 Crown Court), and a jury may return a majority verdict of at least 10 of 12 after at least 2 hours' deliberation (Juries Act 1974 s.17).
Burden and standard of proof
The prosecution must prove guilt, and the court or jury must be sure; this means the same as beyond reasonable doubt. Where a statute puts a burden on the defendant, it is to prove the point on the balance of probabilities. Where the trial takes place is covered in Magistrates' court or Crown Court: types of offence and allocation; credit for pleading guilty in Credit for a guilty plea: how much less a sentence is.
The order of a trial
- Plea and opening: after a not guilty plea, the prosecution summarises its case and the likely issues.
- Prosecution evidence: witnesses give evidence, are cross-examined by the defence and may be re-examined; agreed statements can be read.
- No case to answer: the court may acquit if the prosecution evidence is insufficient for any reasonable court properly to convict. Under R v Galbraith [1981] 1 WLR 1039 this applies where there is no evidence, or the evidence taken at its highest could not properly lead to a conviction.
- Defence case: the defendant cannot be made to give evidence. The court must make sure the defendant knows that if they do not, or refuse to answer questions without good cause, proper inferences may be drawn (Criminal Justice and Public Order Act 1994 s.35), unless their physical or mental condition makes it undesirable. No one may be convicted solely on that inference (s.38(3)).
- Closing speeches: the prosecution first, where allowed, and the defence last.
Special measures
Witnesses under 18 or with an impairment (Youth Justice and Criminal Evidence Act 1999 s.16), or in fear or distress (s.17), may give evidence with help such as screens, live link, video-recorded evidence, intermediaries or communication aids (ss.23-30). Complainants of sexual, modern slavery and domestic abuse offences are eligible unless they decline (s.17(4)).
Verdict
- Magistrates' court: if the court convicts, it must give sufficient reasons; it may explain an acquittal (r.24.3).
- Crown Court: the judge directs the jury on the law and summarises the evidence, generally also in writing, and may set questions as a route to verdict (r.25.14). The jury first tries to agree unanimously. After at least 2 hours (by convention 2 hours 10 minutes, Criminal Practice Directions 2023 para 8.6) the judge may accept a verdict of 10 of 11 or 12 jurors, or 9 of 10. A jury of 9 must be unanimous.
See Types of sentence and how sentencing guidelines work and Appealing a conviction or sentence for what follows.
Changes not yet in force
The Courts and Tribunals Bill, in the House of Lords in October 2026, would remove the right to elect jury trial for either-way offences and allow judge-alone trials in some complex or lengthy cases. It is not law.
In practice
Early advice matters, especially on whether to give evidence.
Authorities: Criminal Procedure Rules 2025 (S.I. 2025/909, in force 6 October 2025) rr.24.3, 25.9, 25.14; Criminal Practice Directions 2023 (as amended October 2026) para 8.6; Juries Act 1974 s.17; Criminal Justice and Public Order Act 1994 ss.35, 38(3); Youth Justice and Criminal Evidence Act 1999 ss.16-30; R v Galbraith [1981] 1 WLR 1039, (1981) 73 Cr App R 124 (CA); Crown Court Compendium Part I, ch.5 (burden and standard of proof); Courts and Tribunals Bill 2026-27 (not law)