Inside a trial: roles, juries and proof
In a criminal trial, a person's freedom may be at stake. The system has rules to make trials as fair as possible.
Innocent until proven guilty
The prosecution must prove guilt beyond reasonable doubt: the jury or magistrates must be sure.
In civil cases the standard is lower: the balance of probabilities (more likely than not).
In England and Wales, the Crown Prosecution Service (CPS) decides whether to charge someone and prosecutes most criminal cases brought by the police.
Who's who in the Crown Court
| Person | Role |
|---|---|
| Judge | Runs the trial, decides points of law and passes sentence |
| Jury | Decides the facts: guilty or not guilty |
| Defendant | The person accused of the crime |
| Prosecution | Lawyers who try to prove the defendant is guilty |
| Defence | Lawyers who represent the defendant |
| Witnesses | People who give evidence about what they saw or know |
Juries and lawyers
The judge may accept a majority verdict, such as 10 to 2, if the jury cannot all agree.
Solicitors give legal advice and prepare cases; barristers usually argue cases in the higher courts.
Legal aid can help people who cannot afford a lawyer, especially in criminal cases.
Why must the prosecution prove guilt 'beyond reasonable doubt' rather than 'more likely than not'?
- A guilty verdict can take away someone's liberty and give them a criminal record.
- Convicting an innocent person is a very serious injustice.
- So the system sets a high standard: the jury must be sure.
Answer: Because the consequences of a wrong conviction are so serious, the jury must be sure before finding someone guilty.
Defendants are presumed innocent. In criminal cases guilt must be proved beyond reasonable doubt; civil cases use the balance of probabilities. The judge decides the law and sentence; the jury decides guilty or not guilty. Jurors are 18 to 75 and chosen at random.
- Jury
- A group of 12 members of the public, chosen at random, who decide whether a defendant is guilty in the Crown Court.
- Majority
- More than half. A party with a majority in the Commons has at least 326 of the 650 MPs.
- Not “On the balance of probabilities”. That is the lower standard used in civil cases.
- Not “The judge”. The judge decides points of law and the sentence, not the verdict.
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What does the presumption of innocence mean?
- A defendant must prove they are innocent
- The police decide who is guilty
- All defendants are guilty
- A defendant is treated as innocent until proven guilty
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Answer: A defendant is treated as innocent until proven guilty
The prosecution must prove guilt; the defendant does not have to prove innocence.
What is the standard of proof in a civil case?
- Beyond reasonable doubt
- Absolute certainty
- On the balance of probabilities
- Whatever the jury feels like
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Answer: On the balance of probabilities
Civil cases use the balance of probabilities; criminal cases need proof beyond reasonable doubt.
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- National Curriculum in England, Key Stage 3: Citizenship programme of study
- GOV.UK: Jury service, who can be on a jury
- GOV.UK: Jury service
Checked by the GCSE-ready editorial team, 16 October 2026. Last updated 2 October 2026. Spotted a mistake? Tell us and we will fix it.