There are many different reasons why you may have to attend a Criminal Court, you may be a victim, witness or a defender. You may be supporting a loved one who has been summoned to court. Whatever the reason, this can be an understandably daunting experience for many. This guide aims to walk you through what to expect when visiting court as well as discussing the accessibility measures that can be put in place to assist those with any specialised needs. Finally there will also be information about considerations during sentencing. No legal advice will be given and it is recommended to discuss this instead with a solicitor or on one of the helplines provided.
What to expect in Court
Some elements of court can potentially be distressing for those attending. One of the first that will be encountered is the security check upon entry to the building. The staff will direct you but knowing ahead of time what to expect may ease some anxiety. Rules for each court may vary so it is worth checking with your specific court but in general the following apply:
- There may be queues especially when the court first opens, so allow extra time where possible.
- Any items that could potentially be used as weapons are not allowed. This can include anything from blades and tools to glass bottles and metal cutlery.
- Unopened drinks in cans or cartons are allowed. Drinks in refillable cups/ bottles are allowed but you may be asked to take a sip to prove it is not harmful.
- Prescription medicines are allowed but staff will need to be able to check the pharmacist label
Going through security is very similar to that of an airport. You may have to do the following:
- Empty your pockets and place any other items you are carrying into a tray, this may be scanned or checked by hand.
- Put shoes, gloves, hats and coats into a tray.
- Take off belt
- Walk through a detector archway, be checked by hand or with a handheld scanner
Once through security you will be asked to state which case you are attending for and you will be directed to the correct waiting area. Depending on what stage the case is on and what else is being heard in court on that day, wait times may unfortunately be high. This can potentially mean sitting in busy rooms with many other people also awaiting being called.
Ushers will usually have a list of the cases to be seen on that day and the order in which they are to be seen. This court staff member wears a plain black gown over ordinary smart clothing and they do not wear the wigs you will see on judges and barristers. They ensure that the courtroom runs smoothly, they ensure that everyone required for a case is present and will call individuals into the room. They may do this by announcing the case or a name within the waiting room or they may do this via a tannoy system.
Upon entry to the courtroom, depending on the type of Court and the case, you may find there to be a lot of people. In the Magistrates Court there typically would be:
- Three Magistrates- who preside over the courtroom and will ultimately make any sentencing decisions
- A legal advisor- to assist the Magistrates
- A court usher- as discussed above, manages the list of cases and calls people in
- A prosecutor- presents evidence to show how the offence happened and challenges evidence given by the defence.
- The defendant and their lawyer- the individual accused of the offence and their legal assistant. Sometimes a defendant will be their own representation.
- A witness and any assistance- an individual with evidence to give and any supporting person they have been permitted.
- A probation officer- provides risk assessments, advice on sentencing and bail.
- Press and public- Most court hearings are open for both the media and the public to attend if they wish. They will listen and sit quietly throughout the hearing.
The Crown Court is very similar, however there are some key differences:
- Instead of three Magistrates, there is usually one judge. On some more complex or severe cases there may be additional judges.
- The court clerk prepares any screens or laptops that will be used for evidence during a trial. They will read the formal charges to the court and take the oaths from members of the jury. Additionally they will make notes during the trial.
- If the case has gone to trial there may be a jury present, this is 12 members of the public who listen to evidence and then decide collectively if the defendant is guilty or not guilty.
Within the courtroom there may also be much use of legal terms and formal speech that is not typically used outside of that setting. You will also be instructed to stand when the Judge or Magistrates enter the courtroom. Expect to see most court or judicial staff wearing robes, neckwear and wigs.
Accessibility within the court system
If you have certain requirements, triggers or difficulties it is probably worth letting the court, your legal adviser or whomever you have contact with know before visiting. There are many changes that can be put in place to assist those who need them to access the justice system.
This includes but is not limited to the following:
- Particularly in the case of those given testimony, you can ask to see the courtroom ahead of time whilst it is still empty. This can help to make the individual feel more comfortable.
- Intermediaries can be allowed into the courtroom to help an individual understand the legal process better. They can explain what is happening whilst the court is in session.
- Loop systems are available for those who are hard of hearing.
- Quiet waiting rooms can be requested away from crowds.
- Extra breaks can be requested during longer hearings.
- Communication aids such as dolls and symbols can be used when giving evidence.
- Extra assistance from the court staff and ushers is available if required.
- Evidence can be given from behind a screen so that the rest of the court cannot actually see the individual and they cannot see the courtroom. This can help to make the individual feel more safe and less nervous.
- Video link testimony can also be used to avoid the stress of experiencing the courtroom in person.
- A separate entrance can also be used- particularly in cases where evidence will be given from behind a screen.This allows for conflicting parties to not have to come face-to-face.
- Formal clothing, speech and customs can be discarded for particular trials to make individuals feel more comfortable.
- Individuals may be allowed to bring additional people with them into the courtroom in a supporting capacity.
Mental health, disabilities and disorder considerations during sentencing
Mental health, disabilities and disorders are likely to be considerations during sentencing, from the sides of all parties. This does not mean that an offender will be let off from their crime due to this, however any conditions they have that could potentially have affected their behaviour will be taken into account by the judge. If a custodial sentence is being considered, they will evaluate how prison would impact upon the offender and whether an alternative would be more appropriate.
Similarly the impact that a crime has had on an individual with mental health issues, disabilities or disorders will be considered, as will any conditions occurring due to the crime they experienced. This can potentially influence the severity of the punishment.
Attending court can be an anxiety-inducing experience for many, but particular those with specialised needs. This guide has set out some of the options available to make visiting court more comfortable and easy for those involved. It has also walked through what to expect when going to court for the first time and potential impacts on sentencing. The details discussed in court cases may also be difficult to hear, particularly when they are personal or emotionally charged for the individuals involved. It is important to allow yourself to be supported by those around you, including the court staff who will make accommodations where possible. If you are attending with someone involved in a court case, help them to understand what is happening and be attentive to their needs.
Helplines
The Survivors Trust
The Survivors Trust is a national organisation providing support for people affected by rape, sexual abuse and sexual violence. They support survivors, their families, friends and professionals with information, advice, emotional support and signposting to specialist services.
Phone: 0808 801 0818
Opening times: Monday–Thursday, 10am–12:30pm, 1:30pm–3pm and 6pm–8pm; Friday, 10am–12:30pm and 1:30pm–3pm; Saturday, 10am–12:30pm; Sunday, 6pm–8pm
Text: 07860 022 956
Email: helpline@thesurvivorstrust.org
Website: www.thesurvivorstrust.org
Victim Support
Victim Support is an independent charity providing free, confidential support for people affected by crime and traumatic incidents. They support people affected by issues including bullying, abuse, sexual violence, domestic abuse, hate crime and other crimes.
Phone: 0808 1689 111
Opening times: 24 hours a day, 7 days a week
Live chat: Available 24 hours a day
Website: www.victimsupport.org.uk
Samaritans
Samaritans is a charity providing emotional support to anyone who is struggling to cope or needs someone to talk to. They are there for people experiencing all sorts of difficulties, including stress, anxiety, loneliness, relationship or family problems, bereavement, feeling overwhelmed and concerns about mental health or suicide.
Phone: 116 123
Opening times: 24 hours a day, 7 days a week, 365 days a year
Website: http://www.samaritans.org
Childline
Childline is a free service for young people to talk to a counsellor about anything. The service is available 24 hours a day, 7 days a week. Childline is available to anybody who is 18 years old or younger.
Phone: 0800 1111
Opening times: Available 24 hours a day, 7 days a week, 365 days a year
You can also find helpful resources, speak to a counsellor online or send a message on their site.
Website: www.childline.org.uk
For adults concerned about a child, the NSPCC can be contacted
NSPCC
NSPCC is a children’s charity that works to protect children and prevent abuse and neglect. They provide support and advice for adults about child abuse, neglect, child safety, online safety and children’s mental and emotional wellbeing.
Phone: 0808 800 5000
Opening times: 10 am–4 pm, Monday–Friday
Email: help@nspcc.org.uk
Email opening times: 11 am–4 pm, 7 days a week
Website: www.nspcc.org.uk
YoungMinds
YoungMinds is a national charity supporting the mental health and wellbeing of children and young people. They provide information, advice and support for parents and carers who are concerned about a young person’s mental health, and help people understand mental health difficulties, find appropriate support and access useful resources. Their Parents Helpline can provide information, advice, emotional support and signposting to other services.
Parent helpline: 0808 802 5544 (9:30 am – 4 pm on Mondays, Thursdays and Fridays, and from 9:30 am – 6 pm on Tuesdays and Wednesdays)
Email: parents@youngminds.org.uk
Webchat: https://www.youngminds.org.uk/parent/parents-helpline/
Support For Us 