Criminal Courts

Introduction

The criminal court structure in England and Wales is a hierarchical system designed to ensure that different types of offences are dealt with at the appropriate level of formality and scrutiny. Understanding this structure — from the Magistrates' Court to the Supreme Court — is essential for AQA A-Level Law. This lesson covers the jurisdiction of each court, the classification of criminal offences, and the appeals process.

Classification of Criminal Offences

Before examining the courts themselves, it is essential to understand how criminal offences are classified, as this determines which court will hear the case.

Classification	Definition	Examples	Court
Summary offences	Less serious offences, tried only in the Magistrates' Court	Common assault, driving offences, minor criminal damage (under £5,000)	Magistrates' Court
Triable either way offences	Mid-range offences that can be tried in either the Magistrates' Court or the Crown Court	Theft, ABH (s.47 OAPA 1861), burglary	Magistrates' Court or Crown Court
Indictable offences	The most serious offences, tried only in the Crown Court	Murder, manslaughter, robbery, rape, GBH with intent (s.18 OAPA 1861)	Crown Court

The distinction between these categories is set out in the Criminal Law Act 1977 (as amended) and the Magistrates' Courts Act 1980.

The Magistrates' Court

The Magistrates' Court is the workhorse of the criminal justice system. Approximately 95% of all criminal cases begin and end in the Magistrates' Court. There are around 150 Magistrates' Courts in England and Wales.

Composition

Cases in the Magistrates' Court are heard by either:

• A bench of three lay magistrates (Justices of the Peace) who are unpaid volunteers from the local community, advised by a legally qualified court clerk (legal adviser), or
• A District Judge (Magistrates' Courts) who is a single, legally qualified, salaried judge.

There is no jury in the Magistrates' Court.

Jurisdiction

The Magistrates' Court has jurisdiction over:

Criminal matters:

• All summary offences.
• Triable either way offences where the defendant consents to summary trial and the magistrates accept jurisdiction.
• Preliminary hearings for indictable offences — these are sent to the Crown Court under s.51 of the Crime and Disorder Act 1998.
• Youth cases — offenders aged 10-17 are usually dealt with in the Youth Court, a specialised branch of the Magistrates' Court.

Sentencing powers:

• Maximum 6 months' imprisonment for a single offence (or 12 months for two or more triable either way offences, under s.133 of the Magistrates' Courts Act 1980 as amended by the Criminal Justice Act 2003).
• Maximum fine of unlimited amount (previously £5,000 for most offences, but the cap was removed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012).
• Community orders, conditional discharges, and other non-custodial sentences.

The Plea Before Venue and Allocation Procedure

For triable either way offences, the following procedure applies:

1. Plea before venue — The defendant is asked to indicate their plea. If they indicate a guilty plea, the case remains in the Magistrates' Court for sentencing (though the magistrates can commit to the Crown Court for sentencing if their powers are insufficient).
2. Allocation hearing — If the defendant indicates a not guilty plea (or gives no indication), the magistrates decide whether the case is suitable for summary trial. They consider the Sentencing Council's allocation guidelines, the seriousness of the offence, their sentencing powers, and representations from the prosecution and defence.
3. Defendant's election — If the magistrates accept jurisdiction, the defendant has the right to elect trial in the Crown Court (trial by jury). This is sometimes called the defendant's right to jury trial for triable either way offences.

graph TD
    A["Triable Either Way Offence"] --> B{"Plea Before Venue"}
    B -->|Guilty Plea| C["Sentence in Magistrates' Court"]
    C --> D{"Sufficient Powers?"}
    D -->|Yes| E["Sentence"]
    D -->|No| F["Commit to Crown Court for Sentencing"]
    B -->|Not Guilty / No Indication| G{"Allocation Hearing"}
    G -->|Magistrates Decline| H["Crown Court Trial"]
    G -->|Magistrates Accept| I{"Defendant's Election"}
    I -->|Elects Crown Court| H
    I -->|Accepts Summary Trial| J["Trial in Magistrates' Court"]
    style A fill:#8e44ad,color:#fff
    style H fill:#2980b9,color:#fff
    style J fill:#27ae60,color:#fff

The Crown Court

The Crown Court is the higher-level criminal trial court. It deals with the most serious criminal cases and has a more formal procedure than the Magistrates' Court.

Composition

• A judge (either a Circuit Judge or a High Court Judge for the most serious cases, such as murder).
• A jury of 12 members of the public who decide the verdict (guilty or not guilty).

Jurisdiction

The Crown Court has jurisdiction over:

• All indictable offences (murder, manslaughter, rape, robbery, etc.).
• Triable either way offences where the defendant has elected trial by jury or the magistrates have declined jurisdiction.
• Appeals from the Magistrates' Court — the Crown Court hears appeals against conviction and/or sentence from the Magistrates' Court. These appeals are heard by a judge sitting with two lay magistrates and take the form of a rehearing (the case is heard again from scratch).
• Sentencing — cases committed by the Magistrates' Court for sentencing because the magistrates' sentencing powers were insufficient.

Sentencing Powers

The Crown Court has unlimited sentencing powers (subject to any statutory maximum for the offence). For the most serious offences (e.g., murder), the judge must impose a mandatory life sentence.

The Appeals Structure in Criminal Cases

The appeals structure is a crucial part of the criminal justice system, providing mechanisms to correct errors of law or fact and to ensure justice is done.

Appeals from the Magistrates' Court

There are two routes of appeal from the Magistrates' Court: