What Cases Go To Crown Court

What Cases Go to Crown Court? A Comprehensive Guide

The Crown Court in England and Wales is the higher court of the two main criminal courts. It deals with the most serious criminal offences, handling cases that are deemed too complex or severe for the Magistrates' Court. Understanding which cases are allocated to the Crown Court is crucial for anyone involved in the legal system, whether as a defendant, a victim, a witness, or a legal professional. This comprehensive guide will delve into the types of offences and circumstances that lead a case to be heard in the Crown Court.

Introduction: The Jurisdiction of the Crown Court

The Crown Court's jurisdiction is defined by the severity of the crime and the potential sentence. While Magistrates' Courts handle less serious offences, the Crown Court deals with indictable offences – those that can only be tried in the Crown Court – and certain other cases transferred from the Magistrates' Court. The key differentiator often lies in the maximum sentence that can be imposed. Magistrates' Courts have a sentencing limit, whereas the Crown Court can impose much harsher penalties, including life imprisonment.

Types of Cases Heard in the Crown Court:

The Crown Court's caseload is diverse, encompassing a wide range of serious criminal matters. These can be broadly categorized as follows:

1. Indictable Offences: These are offences that must be tried in the Crown Court. They generally involve more serious crimes, often carrying significant prison sentences. Examples include:

• Murder: The most serious offence, carrying a mandatory life sentence.
• Manslaughter: Killing without malice aforethought, with various subtypes carrying different sentencing guidelines.
• Rape and other Sexual Offences: A broad category encompassing a range of serious sexual assaults, with varying levels of severity and sentencing.
• Robbery: Theft involving violence or the threat of violence.
• Grievous Bodily Harm (GBH): Serious injury inflicted on another person.
• Arson: Deliberately setting fire to property.
• Fraud (serious cases): Cases involving large sums of money or sophisticated schemes often fall under the Crown Court's jurisdiction.
• Drugs Offences (serious cases): Large-scale drug trafficking or production typically leads to a Crown Court trial.
• Terrorism Offences: These are exceptionally serious crimes with severe consequences.

2. Cases Transferred from the Magistrates' Court: Even if an offence is initially heard in the Magistrates' Court, it can be transferred to the Crown Court under certain circumstances. These include:

• The Magistrates' Court deems its sentencing powers insufficient: If the Magistrates' Court believes the offence warrants a sentence exceeding its powers (typically six months' imprisonment or a fine exceeding a certain limit), the case is committed to the Crown Court for sentencing. This happens even if the defendant pleads guilty in the Magistrates' Court.
• The defendant pleads not guilty to an offence triable either way: Many offences can be tried in either the Magistrates' Court or the Crown Court (these are called "either-way" offences). If the defendant pleads not guilty to an either-way offence in the Magistrates' Court, the Magistrates' Court will decide whether the case is suitable for them to try or whether it should be sent to the Crown Court. The decision considers the complexity of the case, the likely sentence, and the defendant's preference. Often, the defendant will have some say in the decision.
• The Magistrates' Court feels it lacks the necessary expertise: Certain offences, while potentially within their sentencing powers, might require specialist knowledge or resources that the Magistrates' Court doesn't possess. In such instances, the case might be committed to the Crown Court.

3. Appeals from the Magistrates' Court: Individuals convicted in the Magistrates' Court can appeal their conviction or sentence to the Crown Court. The Crown Court will review the lower court's decision and may overturn or uphold the verdict and/or sentence.

Understanding "Either-Way" Offences:

A significant number of criminal offences are classified as "either-way" offences. This means they can be tried in either the Magistrates' Court or the Crown Court, depending on the circumstances. Examples include:

• Theft: While minor theft might be dealt with summarily by the Magistrates' Court, larger thefts or those involving aggravating factors (e.g., burglary) could be tried in the Crown Court.
• Assault: Common assault, if relatively minor, could be dealt with in the Magistrates' Court. However, more serious assaults, resulting in significant injury (actual bodily harm or GBH), will almost certainly be sent to the Crown Court.
• Criminal Damage: Damage to property might be dealt with by Magistrates, but serious vandalism or damage involving significant cost will likely go to the Crown Court.
• Driving Offences: While many driving offences are dealt with by Magistrates, serious offences like dangerous driving or causing death by dangerous driving are Crown Court cases.

The Role of the Plea:

The defendant's plea significantly impacts where the case will be heard. A guilty plea in the Magistrates' Court for an either-way offence usually means the case remains in the Magistrates' Court for sentencing. However, if the defendant pleads not guilty, the Magistrates' Court will decide whether to try the case or send it to the Crown Court. Similarly, a not-guilty plea to an indictable offence will automatically send the case to the Crown Court.

The Procedure for Transferring Cases:

If a Magistrates' Court decides to transfer a case to the Crown Court, they will issue a committal order. This order outlines the charges and sends the case file to the Crown Court for further proceedings. The defendant will then appear before a judge in the Crown Court for the next stage of the proceedings.

Frequently Asked Questions (FAQs):

• Q: What happens if I'm charged with an offence that could go to either court?

  • A: The decision rests with the Magistrates' Court if you plead not guilty. Factors such as the seriousness of the offence and the potential sentence will be considered. If you plead guilty, the Magistrates' Court will likely handle the sentencing.

• Q: Can I choose which court my case goes to?

  • A: For indictable offences, you have no choice; the case will automatically go to the Crown Court. For either-way offences, your plea and the Magistrates’ Court’s assessment will determine the court. You might be able to express your preference, but the ultimate decision rests with the Magistrates.

• Q: If my case is in the Crown Court, will I have a jury?

  • A: Almost all Crown Court cases are heard before a jury, except for some exceptional circumstances (e.g., certain types of appeals).

• Q: What are the consequences of a Crown Court conviction?

  • A: Consequences can vary drastically depending on the offence and the sentence imposed. Sentences can range from community orders to life imprisonment, alongside potential fines, compensation orders, and other penalties.

Conclusion:

The Crown Court plays a vital role in the English and Welsh legal system, ensuring that serious crimes are dealt with appropriately. Understanding which types of cases fall under its jurisdiction is essential for anyone involved in the process. The distinctions between indictable, either-way, and transferred cases are crucial, and the defendant’s plea often plays a pivotal role in determining the court where the case will be heard. While this guide provides a comprehensive overview, specific circumstances can significantly influence the final decision regarding the court venue. Seeking legal advice is always recommended for anyone facing criminal charges.