Court Case?

Question

I was recently assualted and i have just been told the case is going to court, if the defendent pleads not guilty can anyone tell me what to expect, will there be a jury, or will it just be a judge, does it depend on the type of assualt, I havent been informed as to what he is being charged with. at the time the police said GBH!
Im really worried about this as its not something Ive ever experienced before and im concerned
thanks

Answer 1

If it goes to Crown Court there will be a jury!

His solicitor will try to make you make mistakes in your evidence so as to create 'doubt' in the minds of the jury! Pay very particular attention to what his solicitor asks - do not rush your answers and try to keep them to YES or NO! His solicitor will always try to protect him and will try to discredit you by whatever means he can!

The CPS will represent the Crown in the court - make sure you know who the person is as they will ask you questions as well but will not try to trip you up or make you make mistakes! Answer their questions with full explanations and try to avoid Yes and NO answers! They are on your side!

There is nothing to worry about, although it is nerve racking!

Just remember the simple rules above and you will be fine!

It may be that he gets to Court and pleads guilty - if this is the case then you will not have to give evidence! If he does plead guilty - try to ensure that you inform the CPS solicitor that you want damages for your personal injury - that will have to be done in courtroom!

Answer 2

Firstly, you shouldn't be going through this trauma alone - the police officer in the case should be talking you through all this (OIC) ask to speak to him/her.
You should also have been put in touch with witness care who are a voluntary organisation that specialise in giving you guidance and support through this difficult time. They can send you information and even arrange for you to visit the court to see what it is like and to help you understand what to expect if it goes to trial.
The preliminary hearing will take place approximately one week after the defendant has been charged at the police station, this is when they will enter a guilty or not guilty plea.
Depending on the seriousness of the assault the trial will be either held at Magistrates court (no jury just a Magistrate/s hearing the evidence) or Crown Court (in front of twelve jurors)
I appreciate both can be traumatic for you but all you need to do on the day is read your statement again before you go in to give your evidence and then stay calm, you will be asked questions by the prosecutor to put forward you case and then cross examined by the defence (they will try to make you look bad but don't rise to the bait - if you stay calm and answer questions truthfully you wont go wrong)
Just because someone puts in a not guilty plea initially it doesn't necessary mean they won't alter their plea at a later date, the trial is weeks away at this stage so try not to worry too much yet. A lot of guilty pleas are enetered on the actual day of the trial once the defendant realises that the witnesses have turned up!
Good luck and don't be afraid to ask the police and witness care for the help/support you need and deserve x

Answer 3

Someone from your local Police Force should be in contact with you to discuss everything that occurs throughout the life of this case. Every Police Force in the UK has to have a Witness Care Unit whose responsibility it is to inform you of what is happening in your case, discuss your concerns and make sure that the courts are aware of any special requirements you may have should you have to give evidence. The government introduced a Victim's Charter on 01 Apr 06 which means that the Police have a Duty of Care to you as the victim. Unfortunately, Witness Care Units are a relatively new concept and some perform better than others. Don't get upset if you haven't heard anything. Stay calm and call your local Force on the non-emergency number (not 999). They should have a central switchboard who will be able to direct your call. Criminal cases can take quite some time to get to trial especially if it goes to the Crown Court so be patient and don't panic.

Answer 4

Firstly, calm down...you will taken through the process by a witness care officer from the CPS.

You should be kept informed after the Narey EFH (early first hearing) which takes place in the magistrates court. Depending on the seriousness of the offence, it could be heard in a magistrates or crown court.

If you ring the CPS and ask for the witness care officer who deals with the defendant on your case they can tell you what hearings have taken place already, some cases are committed to crown court, and these are heard with a sworn in jury.

In a magistrates, the case is heard before the bench, or before a stipendiary magistrate or district judge.

In either case, special measures can be applied for and you may be able to give your evidence from behind screens or on a live TV link. (Though I must add that special measures are subjective)

You should be kept informed of all bail conditions for the defendant. There is always the possibilty your attacker will enter a guilty plea...there are lots of hearings to give them an opportunity.

The courts have a witness service who will look after you once you arrive at court...:-)

If you want to know more...email me

Answer 5

there is already some good advice on here. it will always go to magistrates court first. If there is potential for the defendant to receive more than 6 months imprisonment it will be moved to crown court as that is the maximum magistrates can give. that is likely with GBH(grievous bodily harm). crown has a judge and jury magistrates has three magistrates and a clerk sat in front of them. The best advice I can give is contact victim support. They will answer all the questions you have and even attend court with you if you need them too. have a look at this web site:
http://www.victimsupport.org.uk/vs_england_wales/contacts/index.php

or phone victim support on

telephone number 0845 30 30 900

Answer 6

Hi..I'm sorry to hear you have been assaulted. Due to current media hype surrounding the problems with overcrowding in UK prisons it would seem that our great British legal system will more than likely give the assailant a community service order.
However, because it may go to court, the assailant may be 'shooting himself in the foot'. GBH is a serious crime and he/she may have previous convictions, in which case a custodial sentance (jail) is the most likely outcome.
I wish you all the best, and I hope that both the physical and emotional trauma will subside over time.
PS. You may be suffering from Post Traumatic Stress Disorder (PTSD) and I can highly reccommend Eye Movement Desensitisation Reprocessing (EMDR) therapy..just google it and check it out if you feel the need.

You are very brave to ask your question, I suggest you contact the criminal injuries compensation people/agency for advice and support, you should also be able to get financial compensation from the government. Not a lot of people know that.
Good Luck

Answer 7

I am sorry to hear that you have been assaulted, and may need to attend court. I know how you feel awaiting a court date or preliminary hearing. It is very nerve wraking for anyone and your in limbo until it's over.

It depends on where you are in the uk as Scotland had VIA (Victim Information & Advice) service based in the court. They advise you what to expect and show you around on a pre-court vist.

For anywhere else in the UK im unsure of how the legal system works. However try checking with the officer assigned to your case for information and you may get a witness summons which will give you info on what court, date and time etc, and check the internet site for the court assigned to your case.

Answer 8

It is a criminal case and you can have a jury trial which i suggest/ NO need to worry just tell the truth. almost all defendents plead not guilty, the DA might ask if they want a plea deal he will discuss this with you, anyway he should. if not acceptable , the DA will take to trial.

Answer 9

Calm down for starters, the assailant cant and wont tlay a finger on you in the courts, i should know, i did nine months for the same thing. when you go to court (magistraes) he'll be asked to plead G or notG, if he pleads G then the court might adjurn for whatever reason they have nowerdays, or might just deal with it right away. now if its crown court then there will be a jury but you will hardly see the person. sit back, stop panicing and just chill out.

Answer 10

This matter will be heard in a Magistrates Court First, and they will decide if it needs to go to a Higher Court to be dealt with , or they can deal with it. Don't feel nervous about it as you will be looked after and they will consider how you feel about this. Good Luck.