Crown Court vs Magistrates' Court — which will hear your case?

Almost every criminal case in England and Wales starts in the Magistrates' Court. What happens next depends on the offence type — and sometimes on your choice.

Three types of offence

Criminal offences fall into one of three categories:

1. Summary only — heard only in the Magistrates' Court (e.g. most motoring offences, low-level public order)
2. Indictable only — heard only in the Crown Court (e.g. murder, rape, robbery)
3. Either way — can be heard in either court (e.g. theft, ABH, fraud)

For summary offences, there is no choice — the Magistrates deal with everything.

For indictable-only offences, the Magistrates send the case straight to the Crown Court at the first hearing.

For either-way offences, there's a two-step process called allocation.

Allocation for either-way offences

At your first hearing the Magistrates decide whether they think their sentencing powers are sufficient (currently up to 6 months' custody per offence for most offences, plus unlimited fines). If they decide their powers are not enough, they decline jurisdiction and the case goes to the Crown Court.

If the Magistrates accept jurisdiction, you then have a choice:

• Stay in the Magistrates' Court — quicker, less expensive, lower maximum sentence
• Elect Crown Court trial — jury trial, higher maximum sentence, longer wait

This choice is yours alone. Your solicitor will give you advice — but the decision is yours.

Why this choice matters

Pros of staying in the Magistrates' Court:

• Faster (typically months not years)
• Lower legal costs
• Lower maximum sentence
• Generally less stressful for witnesses

Pros of electing Crown Court trial:

• Jury of 12 ordinary people decide guilt, not three Magistrates or a District Judge
• Acquittal rates at Crown Court are historically higher
• Stricter rules of evidence
• Better tools for challenging police and prosecution evidence
• Better disclosure rights

The downsides of Crown Court:

• Higher sentencing powers (the maximum is whatever the offence carries — could be life)
• Longer process — often 12–18 months to trial
• More emotionally demanding

What sentencing powers apply where?

The court's powers are capped by the type of court, not the offence's maximum:

• Magistrates — 6 months per offence, 12 months for two or more offences, unlimited fines, community orders, driving bans
• Crown Court — whatever the maximum for the offence is, including life imprisonment

So an offence with a 7-year maximum, heard in the Magistrates', can only attract 6 months' custody.

How Lucy can help you choose

The "right" court depends on the facts of your case, the strength of the prosecution evidence, the maximum sentence you face, and your own appetite for the process. Lucy will sit with you, walk through the trade-offs, and help you make the call.