Crown Court Summons for Driving Offences
Most criminal cases are dealt with by Magistrates Courts. Crown Courts deal with the more serious motoring offences such as Death by Dangerous Driving, Careless Driving and in some circumstances sentencing.
A Crown Court includes a jury of 12 members of the public. It is their job to decide if you are guilty or not guilty. If the jury find you guilty, the judge then decides on the appropriate sentencing.
How does a trial at Crown Court work?
It is vital that you obtain professional qualified motoring legal advice on your case and plea. A trial at a Crown Court has a set procedure, as follows:
1. The motoring offences for which you are being charged are read out by the court clerk and you are asked how you want to plead, guilty or not guilty. Pleading guilty means there is no trial and you will be sentenced by the judge. Sometimes you get a less severe sentence by pleading guilty at this early stage.
2. The jury are sworn in – they promise to give a fair verdict.
3. If you have pleaded not guilty, the prosecution then ‘put their case’ as to why they think you committed the crime. This is achieved by presenting evidence to the court. For motoring offences this could be evidence from an expert or video evidence from a camera device.
4. It is then your turn, or the solicitor/barrister that is representing you, to provide evidence and argue against the prosecution.
5. When both sides of the argument have been heard, the jury then proceed to make a decision as to whether you are guilty or not guilty.
I have been found not guilty at Crown Court
If the jury decide that you are not guilty of the motoring offence then you are free to leave the court. You can also apply for your legal costs to be re-imbursed.
I have been found guilty at Crown Court
If the jury find you guilty of the motoring offence it is then the judge that will sentence you. We recommend that you have a solicitor as they will put forward mitigating circumstances to the judge which may lessen the sentence.
You will normally be sentenced right away, unless the judge needs to see further information (pre-sentence report) before sentencing occurs.
If you have a trial at a Crown Court for a motoring offence please get in contact with us to discuss your options.