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- Key Differences A prosecutor is a legal representative tasked with presenting the case against an individual or entity accused of a crime, aiming to prove their guilt beyond a reasonable doubt. On the other hand, the defendant is the person or entity accused of committing the crime, responsible for defending against the charges.
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The CPS prosecutor opens the trial – setting out the charges and the facts in the case. Our role is to prove, based on the evidence, that the defendant is guilty. The defence doesn’t need to...
- The Defendant
- The Defence Lawyer
- The Prosecutor
- The Witness
- Assistance For The Witness
- The Probation Officer
- The Judge
- The Jury
- The Court Clerk
- The Usher
The defendant is the person who has been accused of the offence. The defendant sits in the dock and sometimes a uniformed officer sits next to them.
The defence lawyer will speak on behalf of the defendant and present the case to say why they’re not guilty of the offence. They’ll ask the witnesses and the defendant questions about the accusations. The defence lawyer sometimes wears a wig and gown. Sometimes a defendant will represent themselves.
The prosecutor is a lawyer who presents the case independently on behalf of the Crown Prosecution Service. They present evidence to show how the offence happened and challenge the defendant’s evidence if it is given. The prosecutor also asks the witnesses questions about what they saw or heard, or what happened to them. The prosecutor wears a wig a...
The witness gives evidence and answers questions from the witness box. Young or vulnerable witnesses can give evidence by video link from somewhere else or from behind a screen.
A supporter may be able to sit with a young or vulnerable witness while they’re giving evidence. An interpreter will also attend the trial if needed by the witness or defendant. They’ll interpret what’s said during the trial so everyone present can understand each other. Interpreters are independent of both sides.
Probation officers will help the court by providing risk assessments, advice on sentencing and bail, or presenting breaches. The officer may interview the defendant and present relevant information about them, along with a proposal to help decisions of the court.
The judge oversees the trial and makes sure everyone involved is given the opportunity to present their case fairly. At the end of the trial the judge will explain the law and summarise the facts of the case for the jury. If the jury decides that the defendant is guilty, the judge will consider an appropriate sentence. The judge wears a wig and gow...
The jury is made up of 12 members of the public. They listen to the evidence presented to them during the trial. They then decide if the defendant is guilty or not guilty of the offence.
The court clerk sits at the front of the court and prepares the laptops/screens that are used to present evidence during the trial. They read the formal charges to the court and take oaths from members of the jury. They also make notes during the trial. The court clerk wears a black gown.
The usher prepares the court room for the trial. They make sure everyone involved in the trial is taken in to the courtroom at the right time. The usher wears a black gown.
Defendant If you have been charged with a crime and told to go to court you will be called a defendant. District Judge District Judges hear cases in the magistrates’ court. They have been...
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The Code for Crown Prosecutors sets out the basic principles to be followed by Crown Prosecutors when they make case decisions. The decision on whether or not to charge a case against a...
A person accused of a crime is called a ‘defendant’. The authority responsible for prosecuting the case in court is called the ‘prosecutor’. In most cases that will be the Crown Prosecution Service (CPS).
Private prosecutions follow the usual criminal process – the purpose is punishment, the burden is on the prosecution to prove the case and the standard of proof is to the criminal standard – the magistrates or jury must be satisfied so that they are sure of the defendant’s guilt.
Initial details of the prosecution case must include—. (a) where, immediately before the first hearing in the magistrates’ court, the defendant was in police custody for the offence charged—....
