In my earlier blog post I defined the difference between criminal and civil law. This post will focus on the criminal procedure, demonstrating how a criminal case is formed and in which court a criminal case will be heard.
First of all, it is important to draw a distinction between different types of criminal offences. They can be categorised in three ways:
- Summary only offences – minor offences such as driving without insurance
- Indictable only offences – most serious offences such as murder
- Either way offences – typically offences which can be more or less serious depending upon the way in which they are committed.
Secondly, there are two types of court of first instance in criminal cases. These are the Magistrates’ Court and the Crown Court.
Magistrates’ Court
Magistrates’ deal with around 90% of all criminal trials. There are around 330 all over the country. It is often lay magistrates (usually three), who are not legally qualified, who sit in the Magistrates’ Court. They will be assisted by a clerk to the justices to advise them on questions of law, practice and procedure. It could also be a sole district judge who sits in the court who will have legal qualifications. It is the magistrates who will decide a defendant’s guilt or innocence and pass sentence.
The Crown Court
This court will be far more familiar to most people as it is in the criminal court we have a jury deciding a defendant’s guilt or innocence. As well as a jury there will also be a judge overseeing the trial. It is the duty of the judge to direct the jury on points of law. Additionally, they will sentence the defendant, if they have been convicted.
How the offence is categorised will depend on whether the case is heard in the Magistrates’ Court or the Crown Court. Summary only offences will be heard at the Magistrates’ Court and Indictable offences are heard at the Crown Court. Either Way offences are held in either court depending on the judgement of the magistrates at the allocation hearing. Even if the magistrates say it should be dealt with in the Magistrates’ Court the defendant has the right to demand a trial at criminal court.
How does a case get to court?
Here follows a brief outline of the criminal procedure
- Police investigate a crime, gathering evidence
- Police commence proceedings via a charge or summons. It is the duty of the Crown Prosecution Service to prosecute suspects
- Preliminary hearing at the Magistrates’ Court
- After which, the trial will proceed in the appropriate court depending on the categorisation of the offence.
- Verdict and sentence passed
But what if the party is really innocent. Can they appeal their decision? How do appeals work? The Magistrates’ Court and Crown Court are only courts of first instance, it is possible for a criminal trial to go to a higher court on appeal. Look out for my next ‘Court System’ blog on Criminal Appeals.
