Magistrates or Crown Court – Either way offences
When a person is charged with an offence, they are initially sent to the Magistrates Court for their first appearance hearing. If the offence is minor and the defendant pleads guilty, the case may be resolved on the same day. However, if the defendant pleads not guilty, the subsequent steps will depend on the nature of the offence.
Summary offences
These cases are only heard in magistrates’ court. They involve less serious offences such as minor motoring violations, disorderly conduct, TV license payment evasion, and minor assaults. The trial is conducted before a District Judge or a panel of 2-3 Magistrate judges. Although the process can take months, the actual court time typically spans 1-2 days before a verdict is reached.
Indictable only offences
These are the most serious cases, such as murder, rape, and robbery. They begin with an appearance in a magistrates’ court, where magistrates decide whether the defendant should be granted bail. The defendant will be expected to indicate a plea of Guilty or Not Guilty at this stage.
The case then moves to the Crown Court, if the defendant enters a Not Guilty plea the case will be adjourned for trial. At trial a jury of 12 members of the public will deliberate to come to a verdict. A unanimous decision is required for a verdict, but after significant deliberation, the judge may allow a split decision of up to 10-2 for either guilty or not guilty. If a decision cannot be reached, it is referred to as a hung jury. It will then be up to the Prosecution to decide if they want to try the case but this will be done at a later date.
Either-way offences
These cases include offences such as theft, burglary, and drug violations, which can vary significantly in severity. For instance, theft could range from stealing a can of drink to taking a priceless bit of art.
Magistrates determine if a case is serious enough to be heard in the Crown Court. However, if they decide that the case should remain in the magistrates’ court and it is an either way offence the defendant has the option to choose to override the judge and send it for trial at the Crown Court instead.
