If you have been charged with an offence and plead not guilty, the next step will be going to trial. At trial, the prosecution and defence will present evidence and a decision will be made whether to convict or acquit you. But at which court will your trial take place, and what does that mean to you? Our latest piece explores this…
Where will my trial take place?
Your trial can happen at either a Magistrates’ Court or a Crown Court. Trials in a Magistrates’ Court are known as summary trials, whereas in a Crown Court they are known as trials on indictment. For adults, all criminal cases begin in a Magistrates’ Court, but some offences can only be tried in Crown Court, some only in a Magistrates’ Court and others in either court. Where a trial takes place is determined on the seriousness of the offence.
Summary offences – Magistrates’ Court only
These are less serious cases such as disorderly behaviour, TV licence payment evasion, low level vehicle offences and minor assaults. Either-way offences – can be heard in a Magistrates’ Court or a Crown Court. These cases can include theft, burglary and drug offences that can vary vastly in seriousness. Magistrates will decide whether a case is serious enough to be heard in the Crown Court. If they decide whether the case should stay in the Magistrates’ Court, the defendant can choose whether they want their trial to take place in Crown Court instead.
Indictable only offences – Crown Court only
These are for the most serious cases such as murder, rape, and robbery. These cases start with an appearance in a magistrates’ court where the magistrates will decide whether the defendant should be granted bail.
What are the main differences?
Sentences: The Magistrates’ senetencing powers are limited to imposing maximum custodial sentences of 6-12 months, whereas the Crown Court can hand down the sentencing guidelines’ maximum sentences.
Decision-making: Most cases are dealt with by the Magistrates court. Cases in this lower court will be determine by Magistrates who are volunteers and not legally trained. They receive legal advice from a legal advisor on the matters of law. They have local knowledge and help deliver justice to communities local to them. Alternatively your case may be dealt with by a legally qualified District Judge.
In the Crown Court, matters of fact are determined by jurors selected at random from the local community. Juries are composed of twelve individuals from all walks of life of different ages, life experience and contrasting ethnic, social and cultural backgrounds. Matters of law are determined by a Judge in the Crown Court. They have legal training and qualifications.
Rates of acquittal: Conviction rates in the Crown Court are consistently lower than the conviction rates in the Magistrates Court
Delays: In the Magistrates’ Court, hearings and trials are generally listed sooner, whereas in the Crown Court there is significant delay. This is due to various factors including the amount of witnesses involved, the duration of the trial and the complexity or seriousness of the cases.
At Slater Heelis, we believe that everyone is entitled to a fair trial and robust defence, regardless of the accusations levelled against them.
If you’d like to speak to a member of the team, you can contact us on 0330 111 3131 or by using our contact form.