All criminal cases start in a magistrates' court. Cases are heard by either: 2 or 3 magistrates; a district judge. There is not a jury in a magistrates'
Cases that magistrates pass to the Crown Court
Magistrates’ courts always pass the most serious crimes to the Crown Court
Being kept in custody or granted bail
In some cases the magistrates’ court will decide if you should be kept in custody until your next court hearing, or released on bail
Sentences a magistrates’ 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
Appealing your sentence or conviction
You may be able to appeal the magistrates’ court verdict if you disagree with it
How is a criminal case handled in a Magistrates' Court?
The less serious offences (summary and some triable either-way) are handled entirely in magistrates' courts
More serious offences (triable either-way or indictable only) are passed via the magistrates' court on to the Crown Court, either for sentencing after the defendant has been found guilty or for a trial with a judge and jury
What types of offences can be heard in a Magistrates' Court?
It can also deal with some of the more serious offences, such as: These are called ‘either way’ offences and can be heard either in a magistrates’ court or a Crown Court
Magistrates’ courts always pass the most serious crimes to the Crown Court, for example: These are known as ‘indictable offences’
Who hears the most complex cases in Magistrates' Courts?
The most complex cases in Magistrates’ courts are heard by District Judges
Details of the types of cases heard in Magistrates’ courts
District Judges (Magistrates’ courts) hear criminal cases, youth cases, and some civil proceedings in Magistrates’ courts
They can also be authorised to hear cases in the Family Court
The Magistrates Court deals with a range of offences including: more serious offences, such as burglary, assault, fraud and drugs. Where the offence is more serious, the magistrate may commit the case to the District Court or Supreme Court for sentence or trial.
District Judges (Magistrates’ courts) hear criminal cases, youth cases, and some civil proceedings in Magistrates’ courts. They can also be authorised to hear cases in the Family Court.
Criminal cases heard in magistrates court
Former magistrates' court in London, England
Bow Street Magistrates' Court became one of the most famous magistrates' court in England. Over its 266-year existence it occupied various buildings on Bow Street in Central London, immediately north-east of Covent Garden. It closed in 2006 and its work moved to a set of four magistrates' courts: Westminster, Camberwell Green, Highbury Corner and the City of Westminster Magistrates' Court. The senior magistrate at Bow Street until 2000 was the Chief Metropolitan Stipendiary Magistrate.
A divisional court, in relation to the High Court of Justice of England and Wales, means a court sitting with at least two judges. Matters heard by a divisional court include some criminal cases in the High Court as well as certain judicial review cases. Although often referred to in practice as the Divisional Court, a divisional court is in fact not a separate court or division of the High Court but essentially refers to the number of judges sitting. Usually a divisional court sits with two judges but occasionally the bench comprises three judges.
In the system of courts of England and Wales
In the system of courts of England and Wales, the Crown Court deals with serious criminal charges and with less serious charges where the accused has elected trial at the Crown Court instead of trial at a magistrates' court. The Crown Court also hears appeals against conviction and sentence from magistrates.
