Criminal courts
1. Magistrates' courts
All criminal cases start in a magistrates' court.
Cases are heard by either:
- 3 magistrates
- a district judge
There isn't a jury in a magistrates’ court.
Cases a magistrates’ court deals with
A magistrates’ court normally handles cases known as 'summary offences', eg:
- most motoring offences
- minor criminal damage
- being drunk and disorderly
It can also deal with some of the more serious offences, eg:
- burglary
- drugs offences
These are called ‘either way’ offences and can be heard either in a magistrates’ court or a Crown Court.
Cases that magistrates pass to the Crown Court
Magistrates’ courts always pass the most serious crimes to the Crown Court, eg:
- murder
- rape
- robbery
These are known as ‘indictable offences’.
Being kept in custody or granted bail
In some cases, the magistrates court decides if you should be:
- kept in custody - eg a police or court cell
- granted ‘bail’, and let out on strict conditions - eg to keep away from named places or people
This may happen if:
- another court hearing is needed
- the court needs more information before passing sentence
- your case is passed to the Crown Court for trial or sentencing
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 offence)
- a fine of up to £5,000
- a community sentence, like doing unpaid work in the community
Courts can also give a combination of punishments - eg a fine and unpaid work in the community.
If the court decides your sentence should be for longer than 6 months, it can pass your case to the Crown Court for sentencing.
Appealing a sentence or conviction
If you disagree with the magistrate court’s verdict, you may be able to appeal.
2. Crown Court
Types of cases the Crown Court deals with
A Crown Court deals with serious criminal cases, eg:
- murder
- rape
- robbery
It also deals with:
- appeals against a magistrates’ court conviction or sentence
- cases passed from a magistrates’ court for trial or sentencing
Who does what in the court
A Crown Court:
- normally has a jury - which decides if you’re guilty or not
- has a judge - who decides what sentence you get
Your solicitor (if you have one) can explain what happens in court - the judge and court staff will also give instructions about the trial.
Sentences a Crown Court can give
A Crown Court can give a range of sentences including:
- community sentences
- prison sentences - including life sentences
Appealing a sentence or conviction
If you disagree with the Crown Court’s verdict, you may be able to appeal.
3. Youth courts
A youth court is a special type of magistrates’ court for people aged between 10 and 18.
A youth court has either:
- 3 magistrates
- a district judge
There isn't a jury in a youth court.
You must have a parent or guardian with you if you go to a youth court.
How youth courts are different from adult courts
Youth courts are less formal than adult courts, eg:
- members of the public are not allowed in to the court (unless they get permission)
- you are called by your first name
Types of cases a youth court deals with
A youth court deals with cases like:
- theft and burglary
- anti-social behaviour
- drugs offences
For serious crimes, like murder or rape, the case starts in the youth court but will be passed to a Crown Court.
Sentences a youth court can give
The court can give a range of sentences including:
- community sentences
- Detention and Training Orders carried out in secure centres for young people
Appealing a sentence
If you disagree with the court’s verdict, you may be able to appeal. Court staff can give you information on how to appeal.