Where will my case be heard?

Every criminal case starts off in the Magistrates’ Court.  Each case is categorised, which then determines how it will proceed.

• Summary only offences can only be dealt with in the Magistrates’ Court.
• Either way offences are cases that can be dealt with either in the Magistrates’ Court or the Crown Court for various reasons (see below).
• Indictable only offences are the most serious cases and are automatically transferred to the Crown Court after the first hearing in the Magistrates’ Court.

At the first hearing you will normally be required to enter a plea. Then the timetable for future hearings will be set. The issue of bail will also be dealt with.

For either way offences the Court will decide whether to keep the case in the Magistrates’ Court. If they choose to do so then you still have the option of electing a Crown Court Trial before a Judge and jury. This is an important and complex decision, with many consequences.

In the event of a guilty plea or a conviction, the Magistrates’ Court has a full range of sentencing powers including discharges, fines, community orders and custodial sentences.

You may be given an appointment with a Probation Officer, who will prepare a report about you to aid sentencing.  The Court will also have regard to the sentencing guidelines for the offence.

Either way offences can be dealt with in the Magistrates’ Court up to the Trial and then committed to the Crown Court for sentence if the Magistrates’ Court feels that its sentencing powers are insufficient.

For free initial advice contact us on 01606 592159.