All criminal cases start out at the Magistrates’ Court, and are only sent up to the Crown Court if they’re serious enough, or if the magistrates decide their sentencing powers aren’t enough to deal with it.
The information on this page is based on the law in England & Wales. If you’re in Scotland or Northern Ireland, click here for the guide for your jurisdiction.
There are three broad types of case:
• Summary offences – things like drunk and disorderly behaviour or minor criminal damage – which are dealt with at the Magistrates’ Court.
• Either-way offences – such as theft, some drug offences or higher-value criminal damage – which can be dealt with by either the Magistrates’ Court or the Crown Court, depending on how serious it is.
• Indictable-only offences – such as murder or rape – which can only be dealt with at the Crown Court, although they still start out at the Magistrates’ Court.
The Magistrates’ Court is run by either a bench of lay magistrates or a single District Judge, advised on legal matters by a court officer (the Legal Adviser, sometimes still called the Clerk of the Court). The Crown Court is presided over by a Judge, sometimes with a jury. Magistrates are members of the public who’ve had some training but aren’t legally qualified; a Judge is a qualified solicitor or barrister.
Magistrates can now send someone to prison for up to 12 months for a single offence – this power was increased from six months in November 2024 to help ease the backlog in the Crown Court – and can go further still if you’re being sentenced for several offences together. If the magistrates think a case deserves a longer sentence than they can give, they’ll send it (or “commit” it) to the Crown Court for sentencing instead.
Don’t be late for your case! It will have been listed as either a morning or afternoon slot, so check with the court to find out when, and get there in good time. It isn’t first-come-first-served like the doctors – it depends on whether the paperwork for your case is ready and whether witnesses have turned up. Before you even get into the court building you’ll be searched, rather like an airport security check, so leave plenty of time for the inevitable queue.
Find the court “Usher” when you arrive and tell them you’re there. You don’t need to wear a suit, but do dress with common sense and some respect for the occasion. Certain items can’t be taken into court buildings, including recording equipment such as cameras and video cameras. Mobile phones are generally allowed into the courtroom itself, but must be switched off or on silent and must not be used at any time – taking photos or recordings in court is a criminal offence.
The courtroom itself is usually quite imposing. In the Magistrates’ Court there will typically be a bench of three magistrates (or a District Judge sitting alone), who decide guilt and pass sentence, advised on legal matters by the Legal Adviser. A Judge, who will only wear a wig and gown in the Crown Court, sits alone to manage the trial.
In the Crown Court there will be a jury of 12 people, chosen at random from the electoral register – anyone eligible to vote aged between 18 and 75 can be called for jury service – with no prior knowledge of the case or any connection to anyone involved in it. There will also be a few other people in court: a note-taker if it’s the Crown Court, someone from Probation, along with the prosecution lawyers and your defence team. The Court Usher, in a black gown, acts as the “organiser” of proceedings, getting people into the right seats and administering oaths.
Adult courts are open to the public unless the court has specifically restricted access. Anyone over the age of 14 can attend to observe, provided they don’t disturb proceedings. The public are not permitted to attend Youth Court hearings.
| Just been arrested | The Legal Stuff |
| Legal Aid | Before sentencing |