Driving Offence Trials in Court

Trials in Magistrates & Crown Courts

Other names include: Not guilty hearings, jury trial.

Our solicitors and barristers are genuine motoring offence specialists. If you instruct us to act for you in the Magistrates’ Court, our experienced solicitors will give you the best chance of success. If you have a trial in the Crown Court for a serious driving offence, you will be represented by a specialist motoring law barrister.

What happens at a driving offence trial?

The purpose of a trial is for the court to decide if you are guilty or not guilty of an offence. A trial will only take place if you have pleaded not guilty to an offence and the court has set a date for a trial. Procedures in the Magistrates’ Court and the Crown Court are quite different. The Crown Court is much more formal and the rules are more rigid than in the Magistrates’ Court. It is not advisable to represent yourself in the Crown Court so please get in touch if you need assistance.

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Who will be at your court hearing?

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The Defence

You will sit in the dock or in a chair designated for the defendant. If you have representation, your solicitor or barrister will stand on the opposite side to the prosecutor, facing the legal adviser.

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The decision-makers

In the Magistrates’ Court, there will be two or three magistrates, who are not legally qualified but have had some legal training. Alternatively, there may be one District Judge (DJ) who will be an experienced solicitor or barrister.

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The Legal Adviser

In front of the Magistrates or DJ, there will be a legal adviser. They are qualified solicitors or barristers. He or she is there to assist the court and ensure that the law is applied correctly. They should not influence the decision of the court.

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The Prosecution

Facing the legal adviser will be a prosecutor acting on behalf of the police. They are also usually qualified solicitors or barristers. Sometimes unqualified police representatives deal with the initial hearings, but not trials.

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The Public

Most criminal proceedings are held in open courts so members of the public are permitted to go into the courtroom. Members of the press are also permitted to attend and report on the proceedings.

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Witnesses

There may be prosecution witnesses who will give evidence against you but they will not be allowed in court until it is time to give their evidence.

Prosecution witnesses are there to help the prosecution prove their case and you may not agree with what they say. You or your solicitor will get the chance to ask them questions after they have told the court what they want to say. The purpose of this is to ‘test their evidence’ and is known as cross-examination.

If you have witnesses giving evidence in support of your defence, they will not be allowed in court until they give their evidence. The prosecutor is allowed to cross-examine defence witnesses after they have given their account.

Procedure

This is an overview of the procedure in the Magistrates’ Court. It is slightly different if you do not have a solicitor.

Preliminaries

The legal adviser asks you as the defendant to confirm your name, date of birth, address and nationality. They also read the charge to you and you enter your plea of guilty or not guilty.

The Prosecution

The prosecutor opens the case by telling the court what it is about. They will explain the offence and give a summary of the law. The prosecutor is likely to say some things that you disagree with, but you should not interrupt them. They are putting their case at its strongest at that point. Your solicitor will get the opportunity to address those points later.

The prosecution begins calling its evidence. This is usually by asking witnesses to give evidence. Sometimes it can be written statements if you have agreed to them.

The defence can cross-examine any witnesses who are in court. They will often try to suggest witnesses are mistaken or lying about aspects that do not help the defence.

Only when the prosecution has called all of its evidence does it conclude its case. The defence case then begins.

The Defence

The defence cannot usually make an opening speech so the case typically opens with you giving your evidence. There are exceptions, for example, if the defence intends to make a submission of ‘no case to answer’.

When you have given your evidence, you may face cross-examination from the prosecution. It is important to remain calm and answer the questions put to you. After you have given your evidence, your solicitor will call any other defence witnesses. They will also go through the same cross-examination process.

When the defence has given its evidence, it will conclude its case.

Closing Arguments

The prosecution will make another closing speech. The defence will make its closing speech. This is the point when a good solicitor will highlight the weaknesses in the prosecution’s case and refer to any points made in the opening speech which were not proven.

The Decision

The Magistrates or DJ may leave the room to make their decision. They will come back into court and say whether they find you guilty or not guilty. If you are found not guilty, you may ask for a Defence Costs Order to get some of your legal fees back. If you are found guilty, the court may proceed to sentence you or adjourn and do this on another date.

Do you need help protecting your driving licence?

Talk to us today about how we can help you with your driving offence.

Criminal Court Trial FAQs

Can you represent me at a trial?

Yes, and we strongly advise you have representation for a trial.

It is important to have a specialist solicitor is because we know the law inside out. We can actually save you money by getting the right result. Appealing a conviction or sentence is usually more costly than representation at the original hearing.

There are also many rules concerning evidence and court procedure which must be adhered to. Some of these rules can be quite technical, and if you do not understand them, you are likely to make a mistake.

We have seen many unrepresented defendants try to present a trial on their own without success.

At the very least, we recommend that you seek advice on how to conduct your case in advance of the trial.

Does it look worse if I have a solicitor come to court with me?

No, it will not look worse. If anything, it should convince the court that you are taking the matter very seriously. It will not make you look guilty.

We have even represented other solicitors in court who do not have a background in criminal law.

Do I need a solicitor to attend court with me?

It is always advisable, but whether personal representation is essential will depend on a number of factors including the nature of the offence, whether you are pleading guilty or not guilty and the purpose of the court hearing.

Even for those who are used to public speaking, court can be a daunting place. Many people find that they are too nervous to express themselves as they would like. Others are unclear which points they should make to the court to improve the outcome.

Having an experienced solicitor like Lucy attend court with you can significantly reduce your stress levels. You will be safe in the knowledge that you have an experienced advocate speaking to the court on your behalf.

What happens if I don't give evidence at a trial?

Our court system is different from that in other countries such as the USA. If you do not give evidence the court can draw an inference about your guilt. This does not mean that they can convict you just because you do not give evidence. However, if you do not explain yourself in court it can be taken into account.
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a tanasa tanas
18:02 25 Nov 21
Working with Lucy Whitaker as my lawyer has been the best thing I could have ever done. She sorted out my problem as BEST and i truly recommend her to anyone that needs to solve car problems.Flavia Campilli
Joseph PaynterJoseph Paynter
16:18 12 Nov 21
I recently had a case involving an E-Scooter, unfortunately I committed an offence that I didn't even know was illegal. I contacted Pragma Law after reading reviews and outcomes of similar cases, and was put into contact with Lucy Whitaker. Lucy was very professional throughout the whole process, and was very realistic with me about my outcome from the initial phone call. The consultation was extremely through and well carried out, and Lucy was always available to contact if I had any questions. I couldn't have asked for a better outcome from the court after Lucy's representation- from the potential of a suspended sentence reduced to a ban on the lower end of the range, and without a community order. In the court room Lucy was very good at explaining to the Magistrates that the seriousness of the case was nothing like what the sentencing guidelines were designed to punish for (driving a car) and this is what got my punishment reduced. The prices are reasonable, and transparent from the initial phone call with no hidden costs. Would definitely recommend.
Tim NVTim NV
14:43 14 Oct 21
Was really impressed with PL and Lucy. Was given great advice (which I wouldn’t have been able to obtain without guidance) throughout the whole process. Every time we communicated over the phone it was followed up with a written email with actions, next steps etc. was also fortunate enough to work with her colleague David too who represented my case where I avoided a ban of 6 months.
Abi CorsiAbi Corsi
16:39 14 Sep 21
Lucy is the best lawyer I could have possibly found. I unexpectedly received a letter from the police who at the time intended to prosecute me for driving an electric scooter without insurance, and without a license. I was terrified as if found guilty, I would receive 6 penalty points and would have lost my drivers license. Other solicitors I called said unfortunately there was nothing they could do. Lucy on the other hand immediately reassured me and wrote a letter to the police which persuaded them to drop the charges completely. I honestly can’t recommend her enough. Thank you Lucy!
Aziz AbilovAziz Abilov
15:29 31 Aug 21
I contacted Pragma Law when I wanted to appeal against a decision made in the Magistrates court. Lucy had picked up my case and advised me on the next steps. She helped me with everything that was required, advised me on all possible outcomes of the appeal, helped me get my licence back until the appeal hearing comes along, and then went ahead and got the appeal accepted in the Crown court. She is not only the best solicitor I’ve worked with, but she is also a wonderful human being. Very lovely and easy to work with, even the judges loved her! I 100% recommend you to contact them with any issues you have.
Asad AhmedAsad Ahmed
15:41 21 May 21
5* have dealt with lucy twice now! Very professional. Knows what shes doing! Would definitely recommend!
Bobby CharlesBobby Charles
19:05 07 Feb 21
I have had an extremely positive experience with Lucy Whittaker. She is very knowledgeable, very proactive and always explains things in a clear and precise.She was able to convince the court to drop a driving without due care charge despite the police and the CPS disareeing.I would hesitate to recommend Lucy and Pragma Law anyone who needs assistance.
harry bedderharry bedder
15:53 16 Dec 20
Fantastic Service provided by Lucy, very profesional and quick at getting you answers and providing the help you might need! I will definitly be recomening Pragma Law to anyone I know that has a motoring proplem please do the same...
Jobin Mathew JosephJobin Mathew Joseph
18:11 25 Nov 20
Absolutely brilliant! 100 percent reliable! The case was related to driving matter and I had initially approached few other solicitors for help with my case. They all denied saying we would not win the case. But Lucy happily took the case and help me win the case with the best possible outcome.She puts you at ease and confidence. Very responsive in your queries. She genuinely care for case and very pleasant to deal with. Always well prepared and wins you the best possible outcome. Very Very Strongly recommend. Thanks much Lucy.
Lewis CobleyLewis Cobley
11:12 05 Nov 20
I highly recommend Pragma Law for any motoring problem. They were very efficient and professional even with little time to prepare.
A Google User
A Google User
14:30 04 Jul 20
What can I say about pragma law and Lucy whitaker, 1st class absolutely brilliant!!!. I had my licence revoked last October due to vasovagal syncope (faint) from the word go Lucy was brilliant, and I only dealt with her, she explained everything, in every stage extremely professional in everything she does, and had my licence back. What a result!!! thank you so much Lucy.
hannah vanessahannah vanessa
15:45 15 Jun 20
I suffer with anxiety (as many) and this incident completely took over my life for months until I met Lucy. I was super comfortable and confident in her work as she was very professional and was always available to help. Really helped take the stress away - thanks Lucy and thanks Pragma!
Wayne DaviesWayne Davies
14:51 08 Jun 20
What can I say about pragma law and Lucy whitaker, 1st class absolutely brilliant!!!. I had my licence revoked last October due to vasovagal syncope (faint) from the word go Lucy was brilliant, and I only dealt with her, she explained everything, in every stage extremely professional in everything she does, and had my licence back. What a result!!! thank you so much Lucy.
Rukhsar LatifRukhsar Latif
13:59 19 May 20
Lucy genuinly cares about her clients she took on my case dealt with everything herself and won my case I couldn't be happier with the results and the service. I will definitely be using Pragma Law again if needs be.
Vicky ClarkeVicky Clarke
20:16 03 Mar 20
I couldn't have hoped for a better solicitor. Lucy did everything she could to get the best possible outcome for me, and I can't thank her enough
Paul MercerPaul Mercer
17:19 31 Jan 20
Lucy Whitaker provided an impressive, cost effective service. She was objective, responded quickly to questions and, I believe, offered the best advice before efficiently dealing with a case as it came to court.I would have no hesitation either in using Lucy again, should the need arise, or recommending her services.
Rebecca HodkinsonRebecca Hodkinson
16:33 19 Nov 19
Lucy represented me in a driving case and I couldn't be happier. She was friendly, professional and pragmatic without giving me false hope. The outcome was a more positive one than I expected and that's down to her advice and detailed preparations. Would highly recommend! Thank you Lucy!
Gary SykesGary Sykes
22:12 04 Oct 19
We were so impressed with Lucy Whitaker. She represented our son in an unusual driving case which thanks to her knowledge, care & understanding, ended in a much better than expected outcome. Clear, concise & professional, we highly recommend her... can't thank her enough!!
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