If you or someone you know is facing criminal proceedings, one of the first questions you may have is: “What court will the case be heard in, and what’s the difference?” In England and Wales, most criminal cases start in the Magistrates’ Court, but some are sent to the Crown Court depending on the seriousness of the offence. Understanding how each court works is crucial, and at Burton Copeland, our defence solicitors are here to guide you through it. 

The Magistrates’ Court: the first step 

The Magistrates’ Court handles the vast majority of criminal cases – around 95%. These include: 

• Summary offences (less serious offences) such as motoring offences, minor assaults, and public order offences. 

• Either-way offences (which can be heard in either court), such as theft, drug offences, and assault occasioning actual (ABH) or grievous bodily harm (GBH). 

Magistrates’ Courts are presided over by either a bench of lay magistrates (unqualified volunteers trained in law) or a District Judge (a legally qualified judge sitting alone). There is no jury in a Magistrates’ Court. 

In many cases, a defendant will: 

• Enter or indicate a plea (guilty or not guilty). 

• Be sentenced (if the plea is guilty or the case is proven). 

• Have their case sent to the Crown Court for trial or sentencing (if deemed too serious for the magistrates ).  

The Crown Court: for more serious cases 

The Crown Court deals with: 

• Indictable-only offences such as murder, rape, and robbery. 

• Either-way offences that are too serious to be dealt with in the Magistrates’ Court. 

• Appeals from the Magistrates’ Court and sentencing for serious cases committed up from the lower court. 

Trials in the Crown Court are presided over by a judge and heard by a jury of 12 members of the public. The judge controls the proceedings and passes sentence if the defendant is found guilty, but it is the jury that decides guilt or innocence based on the evidence. 

As trials in the Magistrates Court, will also involve witnesses giving evidence and being cross examined. Crown Court trials are preceded over by both a judge and a jury and are typically longer and more complex,  

Legal representation matters 

Whether your case is heard in the Magistrates’ Court or Crown Court, expert legal representation is essential. At Burton Copeland, our experienced defence solicitors represent clients at all levels of the criminal justice system, ensuring your rights are protected and your case is presented in the strongest way possible. 

Defence solicitors in Manchester 

If you’re unsure about what to expect in court, or need immediate representation, contact Burton Copeland today. Our team of criminal defence solicitors are here 24/7 to provide expert advice and support when you need it most.