Difference Between Crown And Magistrates Court

Understanding the Differences Between Crown and Magistrates' Courts in England and Wales

Navigating the English and Welsh legal system can be daunting, especially when trying to understand the differences between various courts. Two key players are the Crown Court and the Magistrates' Court. This article will explore the crucial distinctions between these two courts, outlining their jurisdictions, procedures, and the types of cases they handle. Understanding these differences is vital for anyone facing legal proceedings or simply seeking a better grasp of the English and Welsh justice system. This comprehensive guide will delve into the specifics, providing a clear and concise explanation suitable for everyone, from legal professionals to the average citizen.

Introduction: A Quick Overview

The English and Welsh court system is structured hierarchically, with different courts handling cases of varying complexity and severity. At the lower end sits the Magistrates' Court, dealing with less serious offences. Above it lies the Crown Court, which handles more serious criminal cases. While both courts play a crucial role in dispensing justice, their powers, procedures, and the types of cases they handle differ significantly. This article aims to clarify these distinctions.

Jurisdiction: What Cases Do Each Court Handle?

The primary difference lies in their jurisdiction, or the types of cases they are empowered to hear.

Magistrates' Court: The First Port of Call

Magistrates' Courts are the first point of contact for most criminal cases in England and Wales. They handle a wide range of relatively minor offences, including:

• Summary offences: These are less serious crimes, such as minor assaults, shoplifting (if the value of goods stolen is below a certain threshold), and motoring offences like speeding or driving without insurance. These offences are dealt with solely by Magistrates.
• Indictable-only offences: These are more serious crimes and cannot be heard in a Magistrates' Court. Examples include murder, manslaughter, and rape. These are always heard in the Crown Court.
• Either-way offences: These offences can be heard in either a Magistrates' Court or a Crown Court. Examples include theft, assault occasioning actual bodily harm (ABH), and criminal damage. The decision on where the case is heard depends on the severity of the offence and the defendant's plea. If the defendant pleads guilty, the Magistrates' Court might deal with it. If the defendant pleads not guilty, or if the Magistrates' Court feels its sentencing powers are insufficient, the case is sent to the Crown Court.
• Youth Court: The Magistrates' Court also deals with cases involving young offenders aged 10-17 years old. These cases are often handled in a dedicated Youth Court setting with specific procedures designed to protect the welfare of the young person.

Crown Court: The Court of Record

The Crown Court deals with the more serious criminal cases, which include:

• Indictable-only offences: As mentioned above, these are the most serious crimes in the legal system. The Crown Court has the power to impose the harshest sentences, including life imprisonment.
• Either-way offences: If a case is sent to the Crown Court from the Magistrates' Court, this means either the defendant has pleaded not guilty to an either-way offence, or the Magistrates felt that their sentencing powers are inadequate. The Crown Court has greater sentencing powers and can therefore impose more significant penalties.
• Appeals: The Crown Court also hears appeals against convictions and sentences from the Magistrates' Court. This ensures that those who feel they have been unfairly treated have a chance to appeal their case before a higher court.

Procedures: How Cases are Handled

The procedures in the two courts also differ significantly.

Magistrates' Court Procedure

The Magistrates' Court procedure is generally less formal than that of the Crown Court. Trials are shorter and simpler, often involving fewer witnesses. Magistrates, who are lay people appointed to serve, preside over the court. There's usually no jury present. The Magistrates themselves hear the evidence and determine guilt or innocence. Sentencing is also conducted by the Magistrates.

Crown Court Procedure

The Crown Court proceedings are considerably more formal and complex. Cases are presided over by a judge, and a jury is usually present. The jury is responsible for deciding the verdict (guilty or not guilty). The judge then determines the sentence if the defendant is found guilty. Trials in the Crown Court can be lengthy and involve many witnesses and complex legal arguments. Evidence is presented meticulously by both the prosecution and the defence, who often employ barristers or solicitors.

Sentencing Powers: The Range of Penalties

The sentencing powers of each court directly reflect the gravity of the cases they handle.

Magistrates' Court Sentencing

Magistrates' Courts have limited sentencing powers. They can impose:

• Fines
• Community sentences (such as unpaid work or curfew orders)
• Short prison sentences (up to six months for a single offence, or up to twelve months for multiple offences)
• Conditional discharges
• Compensation orders to victims

Crown Court Sentencing

The Crown Court has far broader sentencing powers. These include:

• Longer prison sentences (including life sentences for the most serious offences)
• Higher fines
• A wider range of community sentences
• Disqualification from driving for longer periods
• Confiscation orders (to seize assets obtained through crime)

The Role of the Judge and Jury

The roles of the judge and jury further differentiate the two courts.

Magistrates' Court: Magistrates as Judges

In Magistrates' Courts, the magistrates act as both judge and jury. They hear the evidence, assess its credibility, and deliver both the verdict and the sentence. Their decisions are guided by established legal principles and precedents.

Crown Court: Judge and Jury Collaboration

In Crown Courts, the judge oversees the legal proceedings, ensuring fairness and adherence to legal rules. The jury, composed of twelve members of the public, listens to the evidence and delivers a verdict based on the facts presented. The judge then determines the appropriate sentence based on the jury's verdict and the relevant sentencing guidelines.

Appeals: Seeking Justice at a Higher Level

Both courts offer avenues for appeal.

Appeals from Magistrates' Court

Appeals against conviction or sentence from the Magistrates' Court are heard in the Crown Court.

Appeals from Crown Court

Appeals from the Crown Court are usually heard in the Court of Appeal Criminal Division. Further appeals can be made to the Supreme Court in exceptional circumstances.

Frequently Asked Questions (FAQ)

Q: Can a case be transferred from the Magistrates' Court to the Crown Court?

A: Yes. This usually happens if the defendant pleads not guilty to an either-way offence, or if the Magistrates' Court believes its sentencing powers are insufficient for the severity of the offence.

Q: What is the difference between a summary offence and an indictable offence?

A: A summary offence is a less serious crime dealt with solely by the Magistrates' Court. An indictable offence is a more serious crime heard in the Crown Court.

Q: Who decides the sentence in each court?

A: In Magistrates' Courts, the magistrates decide the sentence. In Crown Courts, the judge decides the sentence after the jury delivers the verdict.

Q: Can I represent myself in either court?

A: While you can represent yourself, it is strongly advised to seek legal representation, especially in Crown Court cases, due to the complexity of the procedures and potential consequences.

Q: What if I can't afford a lawyer?

A: Legal aid may be available depending on your financial circumstances and the nature of your case. You should inquire about legal aid options early in the process.

Conclusion: Understanding the System for Better Outcomes

The Crown Court and the Magistrates' Court are integral parts of the English and Welsh justice system. Understanding their distinct jurisdictions, procedures, and sentencing powers is vital for anyone who might interact with these courts, whether as a defendant, a witness, or a concerned citizen. This knowledge empowers individuals to navigate the legal process more effectively and to advocate for their rights more effectively. The differences are significant, and recognizing these differences is crucial for understanding how justice is delivered in England and Wales. This understanding, coupled with appropriate legal advice when needed, can significantly improve outcomes for all involved.