Written by Non Jones.
In almost all criminal cases against adults will start at the Magistrates’ Court. However, where the case goes afterwards depends on what the offence relates to and its seriousness. Usually, the magistrates will deal with less serious offences from start to finish, however, the more serious offences are usually moved up to the Crown Court.
Types of Offence
Offences can be classified into three categories. There are summary, either-way and indictable only offences. A Magistrates’ Court will generally deal with “summary” offences – these include disorderly behaviour, minor assaults, and low-level motoring offences.
“Either-way” offenses can be heard by the Magistrates or the Crown Court. These offenses can vary in seriousness. For example, theft, burglary, and drug offenses can vary in seriousness depending on the facts of the offense. The magistrates must follow an allocation guideline to appropriately allocate the case to the correct court.
“Indictable only” offences include those which are of a more serious nature, for example, murder, rape, and robbery. Although these cases will start at the Magistrates’ Court, their trials can only be heard in the Crown Court.
The magistrates will decide whether the offence is dealt with by the Crown Court; however, should the magistrates decide that the case should stay in that court, the accused is able to elect that their trial be dealt with by the Crown Court. An accused individual may choose to elect a trial in the Crown Court for several reasons – one of the main reasons is that many feel their case could be better understood by a jury of peers as opposed to the magistrates.
A jury is made up of 12 randomly selected lay people, and so they may be more likely to relate to the circumstances. Magistrates, in comparison, are trained justices of the peace and therefore have some experience in the law. In the Magistrates Court, three magistrates deal with the evidence and the verdict, whereas in the Crown Court, the Judge handles the legal matters and the jury decides on guilt.
Statistics have often shown that jury trials offer a higher acquittal rate (not guilty verdicts given). Another reason individuals may elect to have a jury trial could be due to a particular part of the prosecution’s evidence being weaker, which could impact a jury’s decision. A Crown Court trial is generally more intense as it allows for more robust testing of prosecution witnesses and cross-examination.
Nevertheless, a Crown Court trial has its pros and its cons because it is often a longer process due to the consideration of evidence. In addition, the waiting time for a Crown Court trial is much longer, which can cause delays. Crown Court trials also pose significant risks. Crown Court sentences can be higher and more severe, whereas magistrates are limited in their sentencing powers. For example, a judge at a Crown Court trial can pass a sentence up to life imprisonment, in comparison to magistrates who can pass a maximum term of imprisonment of up to 6 months (depending on the offence).
Some individuals may choose to have a Crown Court trial as it can provide the accused with the opportunity to appear relatable to the jurors, opening the door to lay people who may be perhaps feeling empathetic, as well as being able to question the prosecution’s evidence in a stronger manner. However, it is also important to remember that, if you are convicted, the consequences in the Crown Court are greater and the risks are broader. If you are in this predicament and considering which route to take, it is therefore crucial that you seek independent legal advice, as the unique facts of your case will impact the favourability of each choice.
If you have been accused of a crime and seek expert advice, please contact us on 01492 596596, and our criminal defence lawyers will help you with everything you need to know.