In fact, the accusatorial process practically demands that the victim relive their experience on the witness stand, and then have their story picked at by the defense. Yet that is an all-too-common feature of a criminal trial conducted in an accusatorial fashion, as in England and Wales. After all, knowing first-hand how both sides of the adversarial process operate can only make you better at knowing what to expect before your case begins.Īll criminal cases begin at the Magistrates’ Court, a place often rife with problems.įew defense barristers will enjoy cross-examining a witness who is testifying that someone sexually assaulted or abused them. This may sound unusual, but in the author’s experience, doing so can make you a better, more well-rounded lawyer. It’s worth noting that, unlike in some other countries, barristers who handle criminal cases, like the author, regularly bounce between serving for the defense and prosecution, sometimes within the same day. Now, every case goes through the CPS machinery for preparation before landing in the hands of the barrister. Prior to that, the police were responsible for charging suspects with a crime, but in an effort to improve consistency and efficiency in filing charges and preparing cases across all of England and Wales, the CPS was created. This is a relatively new addition to the system, established in 1985 with the Prosecution of Offenses Act. As we’ll see, there are good solicitors who advocate tirelessly on behalf of their clients, and exploitative solicitors who give lawyers a bad name.Īnother important piece of the criminal justice puzzle is the Crown Prosecution Service, or CPS. Since the fourteenth century, there’s been a distinction made in English courts between the courtroom-based lawyer who presents the prepared cases to the court – the barrister – and the solicitor, the lawyer who deals directly with the witnesses while advising both the barrister and the client. Then there are barristers and solicitors. Before we get into some of the traditions that may need revising, let’s first look at what this system really entails.Īs in justice systems in many other places, an English or Welsh criminal trial will involve a judge, a jury and the person accused of the crime.
Like many aspects of the criminal justice system in England and Wales, the gowns and wigs are part of a long tradition going back hundreds of years. You may even have wondered, why are they wearing those peculiar wigs and gowns?
Even if you didn’t grow up in the United Kingdom, you’ve probably seen a TV show or movie featuring a scene in a British courtroom.
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