criminal courts

• The jurisdiction of the magistrate's court is:

  1. to try all summary cases
  2. to try any triable either way cases that can be dealt with in the magistrate's court
  3. to deal with the first hearing of all indictable offences. these cases are then immediately sent to the crown court
  4. to deal with all preliminary matters connected to criminal cases, such as issuing arrest warrants and deciding bail applications
  5. to try all cases in the youth court where defendants are between 10 - 17 years of age
• The Crown Court sits in about 84 different locations across England and wales. the crown court deals with all indictable, or serious, offences. it also deals with any triable either way offences that are sent for trial from the magistrates' court.
• In the crown court, a judge sits alone to hear pre-trial matters in cases. however, where a defendant pleads not guilty, a jury is used to decide the verdict and so the judge will:

  1. control court
  2. rule of relevant issues of law
  3. direct jury on law and evidence
  4. impose a sentence should the defendant be found guilty
• what are summary offences?

  These are the least serious criminal offences and must be tried in the magistrates' court.
• What is the maximum fine of a level 1 summary offence?

  £ 200
• What is the maximum fine of a level 2 summary offence?

  £ 500
• What is the maximum fine in a level 3 summary offence?

  £ 1000
• What is the maximum fine in a level 4 summary offence?

  £ 2500
• Is there a maximum fine in a level 5 summary offence?

  No, fines can be unlimited.
• Triable either way offences are tried either in the magistrate or crown court.
• If it is decided that a triable either way offence case is to be dealt with in the magistrates' court, then the procedure is the same for a summary offence. The only difference is that if the defendant pleads guilty or is found guilty-- the magistrate has the power to send the defendant to the crown court for sentencing if they believe that they cannot impose an adequate sentence.
• If a triable either way case is tried in the crown court, the trial will proceed in the same way an indictable offence would. If the defendant pleads (or is found) Guilty then the judge can impose any sentence that is up to the maximum for this offence.
• Indictable offences are the most serious offences and can only be tried in the crown court.
• In an indictable offence case, the first preliminary hearing is to establish the defendant's identity and will take place in the magistrate's court:

  • if the defendant pleads not guilty, a jury will decide if the defendant is guilty or not guilty after hearing evidence.
  • If the defendant pleads guilty, then the judge will impose a sentence.