Last reviewed: September 2026
What happens when a case reaches the Crown Court?
A case may reach the Crown Court because the offence is indictable only, because the Magistrates’ Court has sent it for trial, because a defendant has elected jury trial where that right exists, or because the case has been committed for sentence. The procedural route matters because it determines what has already happened, what material should be available and which deadlines now apply.
The first Crown Court hearing is commonly the Plea and Trial Preparation Hearing, usually referred to as the PTPH. It is not a formality. The court will deal with plea, identify the real issues, consider what evidence is required, make directions and, where a not-guilty plea is entered, work towards a trial timetable. A defence team should arrive having already identified the prosecution theory, the client’s account, the obvious disclosure issues and the work that must be completed.
The prosecution case must be tested, not simply read.
Crown Court preparation is an exercise in verification. Witness statements are compared against body-worn video, CCTV, telephone material, exhibits, custody records, call logs, forensic results and earlier accounts. Timings are tested. Gaps are identified. Assumptions are challenged. Where the case depends upon digital material, the relevant devices, downloads, extraction parameters and unused material can be crucial.
The defence case may also require its own evidence: defence witnesses, medical records, expert opinion, location data, financial material, photographs, recordings, contemporaneous messages or other material that puts the prosecution evidence into its proper context. The objective is not to generate paper. It is to identify the evidence capable of changing the decision-maker’s view.
Disclosure in Crown Court cases
The prosecution has statutory disclosure duties, but effective defence work does not end with waiting for disclosure to arrive. The defence should identify reasonable lines of enquiry, preserve potentially exculpatory material and make focused requests where material appears to exist but has not been served. Where necessary, disclosure issues can be raised formally with the prosecution and the court.
Digital cases can be particularly demanding. Large message sets, social-media data, phone extractions and cloud material may contain both incriminating and exculpatory information. Context matters. A single message selected from a long conversation can look very different when the sequence before and after it is examined.
Counsel, solicitor and case strategy
Serious Crown Court work is often conducted by a solicitor working with specialist counsel. The solicitor remains central to the preparation: obtaining instructions, managing disclosure, liaising with experts, securing witness evidence, preparing applications and ensuring that counsel receives a properly organised case. Counsel’s role includes advocacy and specialist advice on trial and legal issues. The strongest cases are prepared as one defence team rather than as separate pieces of work.
Bail in the Crown Court
Where a defendant is remanded in custody or faces restrictive bail conditions, bail strategy should be addressed early. A bail application may need evidence about residence, work, family responsibilities, sureties, security, treatment, proposed conditions or other matters relevant to the identified risks. Repeating an earlier application without addressing the reason it failed is rarely persuasive.
The same applies to applications to vary conditions. The proposed variation should be tied to evidence and to the particular risk the condition was intended to manage.
Expert evidence
Depending on the allegation, expert evidence may arise in areas such as medicine, toxicology, DNA, fingerprints, digital forensics, cell-site analysis, accountancy, psychiatry or other specialist disciplines. An expert should be instructed to answer a defined forensic question. The defence must understand what the expert can and cannot establish and how the opinion fits with the rest of the evidence.
Trial preparation
A Crown Court trial is not prepared by reading the served bundle shortly before the hearing. The defence should have a coherent chronology, an exhibit map, the client’s instructions on disputed evidence, identified inconsistencies, a plan for defence witnesses and a clear understanding of the legal issues. Where admissibility, bad character, hearsay or other evidential applications arise, they require separate analysis and preparation.
The defendant also needs to understand the practical process: jury selection, the prosecution opening, witness evidence, cross-examination, the defence case, speeches, the judge’s legal directions and the jury’s deliberations. Good preparation reduces avoidable surprises and enables informed decisions.
Plea and basis of plea
A plea is one of the most consequential decisions in a criminal case. It should follow proper advice on the evidence, the law and the sentencing consequences. Where a defendant accepts an offence but disputes an important factual allegation, a written basis of plea may be relevant. It must accurately reflect the defendant’s case and may need to be resolved by the court if the prosecution does not accept it.
Sentence and mitigation
Where a defendant is convicted or pleads guilty, sentence preparation can materially affect the outcome. The court may need information about previous convictions, culpability, harm, personal mitigation, caring responsibilities, health, work, rehabilitation, remorse, risk and other relevant circumstances. References, medical material and other documents should be selected because they prove something relevant, not merely because they are available.
Appeals after the Crown Court
Appeal routes depend on the decision being challenged. Appeals against conviction or sentence from the Crown Court can involve strict procedural requirements and should be considered promptly. A proposed appeal needs more than disagreement with the result: the legal and evidential basis must be identified and advice taken on prospects and procedure.
Funding: Legal Aid and private representation
Theodorous holds a Legal Aid Agency criminal contract. Crown Court legal aid depends on the applicable rules and financial assessment. We also undertake substantial privately funded Crown Court work, particularly where clients want early intervention, detailed written preparation, close solicitor involvement or work that falls outside public funding. Funding should be discussed at the outset so the scope of work is clear.
Why early preparation matters
The Crown Court stage often exposes weaknesses that could have been identified earlier. That is why our criminal practice places particular emphasis on the investigation and pre-charge stages. When a case is already before the Crown Court, the same principle applies: establish the chronology, secure the material, identify the disputed issues and build the defence around evidence rather than assertion.
Frequently asked questions
Do I need a barrister as well as a solicitor?
Many Crown Court cases involve both. The solicitor manages the case preparation and instructs counsel where appropriate. The precise team depends on the case.
Can you take over a Crown Court case from another firm?
A change of solicitor may be possible, but the funding position, timing, court dates and transfer of the file must be considered. Contact us with the case number, next hearing and current funding arrangement.
Can evidence be challenged before trial?
Yes. Depending on the issue, the defence may make legal or evidential applications, raise disclosure disputes or seek rulings before the jury hears the case.
What should I send when asking you to review a Crown Court case?
The indictment or charge, hearing notice, prosecution case summary, key witness statements, bail/remand position, previous legal advice if available and the date of the next hearing are useful starting points.
Do you act outside London?
Yes. The firm is London based and acts in criminal matters across England and Wales, subject to availability, funding and the needs of the case.