All cases start at the Magistrates Court, whether that involves minor offences or some of the most serious, such as murder, rape, and robbery.
The first hearing at the Magistrates Court will deal with bail, plea (guilty or not guilty), and case management for further hearings.
The type of offence will determine which court will deal with the case moving forward.
Each offence is separated into three categories:
- Summary Only – These cases can only be heard at the Magistrates Court.
- Triable Either-Way – These cases can stay at the Magistrates Court or be sent to the Crown Court for trial and/or sentencing. The defendant can choose to be tried by a jury in the Crown Court, or the case could be sent to the Crown Court if the Magistrates conclude they have insufficient sentencing powers.
- Indictable Only – These cases are the most serious and can only be heard in the Crown Court. In most cases, the Magistrates will deal with the initial issue of bail before sending the case to the Crown Court.
The Magistrates Court
When a case is heard at the Magistrates Court, it will be before either three Magistrates or a single Judge. Magistrates are volunteers who receive legal assistance from a qualified solicitor (legal adviser) throughout every hearing.
The Magistrates’ Court sentencing powers are:
- Up to 12 months imprisonment
- Unlimited fines
- Community orders, which can include unpaid work, rehabilitation days, and curfew
- Disqualifications from driving or keeping an animal
The Crown Court
When a case is sent to the Crown Court from the Magistrates Court, the trial will be heard by a Judge and a Jury. The Jury will decide whether the defendant is guilty or not guilty (verdict), and the Judge passes sentence.
Barristers and some solicitors with an additional qualification known as higher rights appear in the Crown Court to represent clients.
The Crown Court has unlimited sentencing powers, including passing life sentences of imprisonment to community orders managed by the Probation Service.
If you require legal advice or representation at court, please do not hesitate to contact the crime team on 023 92 820747.
https://www.churchers.co.uk/services-individuals/criminal-defence/
