Everything That You Need to Know About Magistrates Court vs Crown Court
If you are facing criminal proceedings in England and Wales, understanding the difference between the Magistrate’s Court and Crown Court is essential. The court your case is heard in will affect potential sentencing powers.
We have the information on everything you need to know about the Crown and Magistrates Court here in this article, from which court deals with what level of crime to how we can support you.
What Determines Which Court You Attend?
The type and seriousness of the offence largely determines whether your case is heard in the Magistrates or Crown Court.
All cases start in the Magistrates' court . However, if an indictable only offence occurs, this is the most serious category of criminal offence in England and Wales. These cases cannot be tried in the Magistrates Court and they must heard in the Crown Court. A defendant in an ‘either way’ case who chooses to plead not guilty can request a jury trial and therefore will be sent to the Crown Court. Either way offences sit in the middle ground, these can be dealt with in either the Magistrates Court or Crown Court. If the Magistrates feel they do not have sufficient sentencing powers they can decline jurisdiction and your case will be sent to the Crown Court.
Types of Indictable Only Cases:
Types of Either Way Cases:
Summary Offences
Magistrates Court Only:
These are the least serious offences, such as Minor Public Order matters, Low Level driving offences, and some minor assaults.
Indictable Only Offences
Crown Court Only:
These are the most serious offences, such as serious violence, robbery, and serious drug offences.
Either Way Offences
Could be held at either Magistrates or Crown Court depending on:
- The seriousness of the case
- The defendant’s choice (circumstantial)
- Whether the Magistrates feel their sentencing powers are sufficient
What Happens in The Magistrates Court?
The Magistrates Court is the first step in the criminal court proceedings.
Who hears the case?
- A bench of three Magistrates ( not legally trained ) and a qualified legal advisor or
- A District Judge ( legally qualified )
What to Expect?
- Early decisions on plea and bail
- Sentencing for less serious matters
- Some cases are sent to the Crown Court for trial or sentencing
Sentencing Powers
Magistrates can impose:
- Up to 12 months imprisonment
- Fines
- Community Orders
- Driving disqualifications
However, if they feel their powers are insufficient, they can commit the case to the Crown Court for sentencing.
What Is the Crown Court?
The Crown Court of England and Wales is unlike the Magistrates’ courts as it is a single entity. The Crown Court sits at 91 court centres across England and Wales.
Together with the High Court of Justice and the Court of Appeal from the Senior Courts in England and Wales.
The Crown Court mainly deals with trials and sentencing of criminal offences that have been dealt with in Magistrates court, including some serious criminal cases such as:
- When a defendant has been convicted in the Magistrates’ courts but has been sent to the Crown Court for sentencing due to the seriousness of the offence
- Appeals against a decision of the Magistrates’ courts
- Cases are sent for court trial by Magistrates’ courts because the offences are indictable only.
- Either way offences can be heard in a Magistrates’ court but can be sent to the Crown Court if the defendant chooses a jury trial of the Magistrates deem the case too serious and so sends the matter for trial to the Crown Court for trial.
Seriousness of Offences
The seriousness of offences in courts is divided into three classes of seriousness which include class 1 offences, these are the most serious offences, including treason and murder - and are generally heard by a High Court Judge. Indictable offences are more serious and must be tried by a judge and jury in a Crown Court
Class 2 offences include rape and are usually heard by a circuit judge under the authority of the Presiding Judge and Class 3 offences include offences such as kidnapping, burglary, grievous bodily harm and robbery, which are usually tried by a circuit judge or recorder.
Key Differences Between the Two Courts
| Feature | Magistrates’ Court | Crown Court |
| Who decides guilt? | Magistrates or District Judge | Jury (for trials) |
| Who sentences? | Magistrates or District Judge | Judge |
| Maximum sentence | Up to 12 months | Much higher, depending on offence |
| Speed of process | Generally quicker | Often longer and more complex |
| Formality | Less formal | More formal |
What Are the Defences and Legal Considerations?
Regardless of which court you attend, the same legal principles apply:
- You are entitled to legal representation
- You have the right to challenge the evidence
- You may raise defences: self-defence, lack of intent or mistaken identity
- You may be eligible for legal aid
The Court Will Consider:
- The seriousness of the offence
- Your personal circumstances
- Any previous convictions
By Your Side…
Facing court proceedings can be daunting, whether you are appearing in the Magistrates’ Court or the Crown Court. Our experienced criminal defence team at Bell Lamb & Joynson Solicitors provides clear, practical advice and robust representation at every stage.
If you need assistance or wish to speak with a professional, contact us today.
Call us on: 03444 124348
Out of hour emergencies: 08081961790