Guilty or Not Guilty - considering and delivering the verdict

All Contents > Magistrates’ Court Trial > Prosecution Case > Defence Case > Verdict

“After the defence closing speech, the trial will have reached the stage at which the magistrates or District Judge will shortly retire to consider their verdict.”

On this page …

Legal issues before jury retires
Retiring to consider the verdict
Does a magistrates’ court verdict have to be unanimous?
Not Guilty Verdict
Guilty Verdict

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Legal Issues before jury retires

After the defence closing speech, the trial will have reached the stage at which the magistrates or District Judge will shortly retire to consider their verdict.

If the case is being heard by a bench of lay magistrates, after closing speeches the justices’ legal adviser will give legal advice to the magistrates in open court. The focus of this will usually be what the elements of the offence are which must be proved against the defendant for him to be found guilty. The burden and standard of proof are also vital matters for the magistrates to be aware of. Any other relevant legal issues (e.g. bad character evidence or adverse inferences from failure to give evidence) will also be dealt with at this time.

The prosecution and defence representatives can make representations on matters of law if required at this stage.

If the trial is being heard by a District Judge, as a professional lawyer he/she will not require legal assistance of this kind. However, if there are any legal issues outstanding that require consideration, the District Judge will invite any representations from the prosecution and defence legal representatives at this stage.

Read on for for this closing part of the magistrates’ court trial journey - the verdict.