Tag: criminal law

Magistrates’ Court vs Crown Court: What’s the Difference?

March 13, 2024, By

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.

 

Slater Heelis celebrates continued success with Chambers Rankings announcement

October 19, 2023, By

Following record rankings in this year’s Legal 500 announcement, we’ve secured notable positions in the latest Chambers Rankings. 

Three teams have been recognised in the rankings with our family division leading the way, having bolstered its position to a Band 1 ranking for the first time, with five of the team now also recognised individually for their outstanding performance. 

Family partner  Charlotte Beck  is ranked for the first time, while fellow family partner Phillip Rhodes has climbed to Band 2.  

Partner and head of the family team, Mark Heptinstall said: “We are incredibly proud of our achievements and to have this recognised with a solid Band 1 ranking is testament to every member of the team who work tirelessly for their clients and with unwavering support for each other.” 

Our Crime team have also made a strong entrance with our first submission appearing straight in at Band 2, with partner and head of crime, Rachel Fletcher, also making her list debut in the top Band 1 recognition. 

Rachel said: “To enter as Band 1 with my first submission is very humbling and is an incredible honour and for the team to be recognised with Band 2 is a fantastic achievement.  With so much competition in this area of law, to be recognised for our continued achievements and the positive outcomes we get for our clients makes me fiercely proud.” 

Rachel boasts a 100% success rate for cases reaching the Crown Court, and with higher acquittal rates outperforms her competitors at the Magistrate Court. On average nationwide, 85% of cases heard are convicted and Rachel’s is less than 30%. 

Commenting on the announcement, managing partner Chris Bishop, said: “We’re absolutely thrilled with the results of this year’s Chambers Rankings. Our teams work incredibly hard day in, day out and so to receive such prestigious recognition for their efforts is a real career and company highlight and testament to their individual and collective efforts.”  

This year’s Chambers Rankings also saw two of our employment associates ranked as ‘associates to watch’, in recognition of their work in the background of major deals. Construction consultant solicitor, Ken Salmon, retains his ‘senior statesperson’ title for the ninth year in a row.  

Chris continued: “At Slater Heelis we always pride ourselves on our people first approach and now more than ever we are investing in the best talent, the best training and creating the best workplace for our team to thrive in. All of this is then reflected in the happiness of our clients, the increased demand for our business and these all-important rankings that recognize true excellence in our field.  

“I want to take the opportunity to thank every member of the firm for their continued commitment, it’s amazing what the company has achieved in 250 years, and I for one, feel incredibly excited for the future of Slater Heelis.” 

If you would like to get in contact with one of our solicitors, give us a call on 03301113131 or fill out our online contact form here. 

 

Life as a Criminal Defence Solicitor

February 10, 2020, By Slater Heelis
Life as a Criminal Defence Solicitor

The prospect of being under investigation for a criminal offence can be overwhelming. In times of uncertainty, a criminal defence solicitor will help you to achieve the best possible outcome.

Whatever the nature of your case, finding an experienced, thorough, hard-working criminal defence solicitor can put you in a reassuring position.

Meet Rachel

Rachel Fletcher is a Partner and Head of Crime at Slater Heelis. She is a Criminal Defence Solicitor, and in the past has worked alongside the notorious “Mr Loophole,” the controversial lawyer so nicknamed by the Press for obvious reasons.

  1. What is your typical client?

As a Criminal Defence Solicitor, my typical client varies from people accused of drink-driving and motoring offences, petty crimes and minor assaults, all the way through to the more serious accusations such as murder. Increasingly, though, I am seeing a lot of cases involving young people as a result of social media.

For an example of some of the crime being organised through social media, take a look at this article from The Independent.

  1. What does your role involve?

I will be with a client from the very start of an investigation through to the sentencing, so it encompasses a lot.

My role starts at the police station immediately following an arrest. This can mean that I am often called at 2:00 or 3:00 am to represent my client during questioning. I will then accompany the client through the entire process. Depending on the case, it can start in the Magistrates Court, and in some cases progress to the Crown Court, where I will act as the accused person’s Criminal Defence Solicitor.

Visit the dedicated page on our website for further information on what our Criminal Defence Solicitors can do for you if you are accused.

  1. What are your biggest challenges?

There are many, but recent frustrations surround the ‘investigation’ stage, pre-charge. To put things into perspective, it can sometimes take the police up to a year to search an electronic device before charges are even brought. This puts a serious barrier in the way of proceedings and causes a lot of unnecessary stress and uncertainty for both the persons accused of a crime and the accuser, and this often extends to their families too.

  1. What are the highlights of your job as a Criminal Defence Solicitor?

Helping people. People often ask me how I do it, defend criminals. My answer is that most of my cases involve vulnerable people who have made mistakes that need help. I’m passionate about my job and I enjoy helping people through a difficult time in their life. We can all make mistakes. Everyone is entitled to a defence, it’s one of our basic legal rights and it must be protected.

What do her clients say?

Rachel is so greatly dedicated to her job and it shows not only in the results that she achieves for her clients but in the feedback that she receives from them, too. Clients love her straightforward advice and often come to her by recommendation.

Nothing phases Rachel and she treats every case with the utmost dedication. Even having dealt with high profile and celebrity clients, she has the same levels of understanding and devotion to justice for everybody. Rachel prides herself on giving honest, robust advice. She is also a Law Society mentor under the Reignite Mentoring Programme which supports individuals seeking to return to, or progress in, their careers in law.

If you would like to speak with our Criminal Defence Solicitors about representation, please get in touch with our Crime and Regulation team.