3. The Crown Court.

It deals with serious criminal cases which include:

• Cases sent for trial by magistrates’ courts because the offences are ‘indictable only’ (i.e. those which can only be heard by the Crown Court)

• ‘Either way’ offences (which can be heard in a magistrates’ court, but can also be sent to the Crown Court if the defendant chooses a jury trial)

• Defendants convicted in magistrates’ courts, but sent to the Crown Court for sentencing due to the seriousness of the offence

• Appeals against decisions of magistrates’ courts.

Seriousness of offences.

Offences tried in the Crown Court are divided into three classes of seriousness.

• Class 1 offences are the most serious. They include treason and murder, and are generally heard by a High Court Judge.

• Class 2 offences include rape, and are usually heard by a circuit judge, under the authority of the Presiding Judge.

• Class 3 includes all other offences, such as kidnapping, burglary, grievous bodily harm and robbery, which are normally tried by a circuit judge or recorder.

All cases start in the magistrates’ court. With ‘indictable only’ offences the defendant will be sent to the Crown Court for trial.

A defendant in an ‘either way’ case who chooses to plead not guilty can request a jury trial, and will be sent to the Crown Court. Even if they don’t request a jury trial, magistrates can decide to send them for trial in the Crown Court if the offence is serious enough.

If the defendant pleads guilty to a serious ‘either-way’ offence, magistrates can commit them to the Crown Court for sentencing.

Who does what in the court:

• normally has a jury - which decides if you’re guilty or not

• has a judge - who decides what sentence you get

Subordinate courts

1. County Court.

The County Court deals with civil (non-criminal) matters.

Unlike criminal cases – in which the state prosecutes an individual – civil court cases arise where an individual or a business believes their rights have been infringed.

Types of civil case dealt with in the County Court include:

• Businesses trying to recover money they are owed;

• Individuals seeking compensation for injuries;

• Landowners seeking orders that will prevent trespass.

• Civil matters, for example, pub licensing, can also be dealt with by magistrates.

More complex cases or those involving large amounts of money will appear at the High Court; the vast majority of civil cases take place in the County Courts.

2. Magistrates’ Court

Virtually all criminal court cases start in a magistrates’ court, and around 95% will be completed there.

The more serious offences are passed on to the Crown Court, either for sentencing after the defendant has been found guilty in a magistrates’ court, or for full trial with a judge and jury.

Magistrates deal with three kinds of cases:

• Summary offences. These are less serious cases, such as motoring offences and minor assaults, where the defendant is not usually entitled to trial by jury. They are generally disposed of in magistrates’ courts.

• Either-way offences. As the name implies, these can be dealt with either by magistrates or before a judge and jury at the Crown Court. Such offences include theft and handling stolen goods. A defendant can insist on their right to trial in the Crown Court.

• Indictable-only offences, such as murder, manslaughter, rape and robbery. These must be heard at a Crown Court.

If the case is indictable-only, the magistrates’ court will generally decide whether to grant bail, consider other legal issues such as reporting restrictions, and then pass the case on to the Crown Court.

Cases are either heard by two or three magistrates or by one district judge.