Criminal courts

Printable version

1. Magistrates' courts

All criminal cases start in a magistrates鈥� court.

Cases are heard by either:

  • 2 or 3 magistrates
  • a district judge

There is not a jury in a magistrates鈥� court.

.

Cases a magistrates鈥� court deals with

A magistrates鈥� court normally handles cases known as 鈥榮ummary offences鈥�, for example:

  • most motoring offences
  • minor criminal damage
  • common assault (not causing significant injury)

It can also deal with some of the more serious offences, such as:

  • burglary
  • drugs offences

These are called 鈥榚ither way鈥� offences and can be heard either in a magistrates鈥� court or a Crown Court.

Cases that magistrates pass to the Crown Court

Magistrates鈥� courts always pass the most serious crimes to the Crown Court, for example:

  • murder
  • rape
  • robbery

These are known as 鈥榠ndictable offences鈥�.

Being kept in custody or granted bail

In some cases the magistrates鈥� court will decide if you should be kept in custody until your next court hearing, or released on bail.

This may happen if:

  • another court hearing is needed
  • the court needs more information before passing sentence
  • your case is passed to the Crown Court for trial or sentencing

If you鈥檙e released on bail, you might have to follow strict conditions such as keeping away from certain people or places, staying indoors or wearing a tag.

If you do not attend court after being granted bail, you can be put in prison.

Sentences a magistrates鈥� court can give

The court can give punishments including:

  • up to 6 months in prison (or up to 12 months in total for more than one offence)
  • a fine
  • a community sentence, like doing unpaid work in the community
  • a ban, for example from driving or keeping an animal

Courts can also give a combination of punishments - for example a fine and unpaid work in the community.

If the court decides your sentence should be for longer than 6 months, it can pass your case to the Crown Court for sentencing.

Appealing your sentence or conviction

You may be able to appeal the magistrates鈥� court verdict if you disagree with it.

2. Crown Court

A Crown Court:

  • normally has a jury which decides if you鈥檙e guilty or not (the 鈥榲erdict鈥�)
  • has a judge who decides what punishment (or 鈥榮entence鈥�) you get

Your solicitor (if you have one) can explain what happens in court - the judge and court staff will also give instructions about the trial.

.

You can see what cases a court is hearing each day and check their progress on the .

Cases a Crown Court deals with

A Crown Court deals with serious criminal cases, for example:

  • murder
  • rape
  • robbery

It also deals with:

  • appeals against a magistrates鈥� court conviction or sentence
  • cases passed from a magistrates鈥� court for trial or sentencing

Sentences a Crown Court can give

A Crown Court can give a range of sentences including:

Appealing your sentence or conviction

You may be able to appeal against the Crown Court verdict if you disagree with it.

Asking for a sentence to be reviewed

You can ask for a Crown Court sentence review for certain types of cases if the sentence seems too low. Anyone can ask for a sentence to be reviewed - you do not have to be involved in the case.

3. Youth courts

A youth court is a special type of magistrates鈥� court for people aged between 10 and 17.

A youth court has either:

  • 3 magistrates
  • a district judge

There is not a jury in a youth court.

Your parent or guardian must come with you:

  • if you鈥檙e under 16
  • if you鈥檙e 16 to 17 and they鈥檙e given a court order

How youth courts are different from adult courts

Youth courts are less formal than adult courts, for example:

  • members of the public are not allowed in to the court (unless they get permission)
  • you are called by your first name

Cases a youth court deals with

A youth court deals with cases like:

  • theft and burglary
  • anti-social behaviour
  • drugs offences

For serious crimes, like murder or rape, the case starts in the youth court but will be passed to a Crown Court.

Sentences a youth court can give

The court can give a range of sentences including:

Appealing your sentence

If you disagree with the court鈥檚 verdict, you may be able to appeal. Court staff can give you information on how to appeal.