“It should be no surprise that English courtrooms differ in many ways from American courtrooms”
Everyone has seen an American courtroom on television or in the movies. And, we have seen American lawyers walk freely about the courtroom, sometimes standing right up next to the witness. English Barristers never walk around the courtroom, and never move up next to a witness. Therefor, it should be no surprise that English courtrooms differ in many ways from American courtrooms.
We entered Courtroom No. 9 from a foyer on the third floor reserved for Barristers, witnesses and court personnel. Members of the public who wished to observe the proceedings could access a viewing gallery from the fourth floor. This prevented the general public from mingling with the court officials and witnesses. In an American courtroom, the public, the parties and the court personnel all congregate together.
The entry door was on the side of the courtroom, past the desk of the Court Usher. The Usher, Robert, from Scotland, was responsible for announcing the judge, escorting the jury, and other participants to and from the courtroom. Next to the Usher’s desk were two desks used by the police detectives who were in charge of investigating the murder being tried.
The front of the courtroom was dominated by a long, raised desk or “bench,” similar to, if longer than, an American judge’s bench. It was fronted by the clerk’s desk, also raised, but not as high. The clerk would ordinarily be a solicitor whose job it was to maintain the records of the court.
At the end of the bench near the Usher’s desk was the witness box (in America it is known as the witness stand), and at the other end of the bench was the jury box.
At the back of the courtroom was the prisoner’s dock, a wood and glass enclosure with a secure entrance through which the guards brought the defendants. In an American courtroom, the defendant sits at counsel table next to his lawyer and may confer with his lawyer at any time. In contrast, in an English court, the defendant remains in the dock, and may confer with his Barrister and Solicitor only during a court recess.
The center of the courtroom, known as the “well” of the court, was filled with three tables, each running the width of the courtroom, for the Barristers and their clerks. Each Barrister had set up a portable podium at his or her place at one of the tables. These podiums had shelves for their court binders and other documents used during the trial. For this trial, there were two Barristers for the Crown on one side of the courtroom and four Barristers, two each for each of the two defendants, on the other side. Since the prosecutors were from Sarah’s chambers, I was allowed to sit at the third table behind the prosecution.
It was almost 10:30 am, the traditional time for the court to “sit,” or begin its session. Sarah told me I could leave the courtroom at any time during the proceedings, but I should bow to the court as I left. This is not done in American courts, so I asked just how I should bow. She demonstrated with a slight nod of her head while leaning forward just a bit. About that time, the Usher announced the judge, and the trial commenced.
