Criminal Procedure in the UK: Crown Court and Magistrates' Court
Criminal procedure in England and Wales operates through a hierarchical court system comprising the Magistrates’ Court and the Crown Court. The classification of offences determines the venue and mode of trial. Summary offences are tried in the Magistrates’ Court. Indictable-only offences are tried in the Crown Court. Either-way offences may be tried in either court, with the defendant having a right to elect Crown Court trial. The system is designed to allocate cases to the appropriate level of court based on their seriousness and complexity.
The Magistrates’ Court
Magistrates’ Courts handle over 90 per cent of criminal cases. The court sits with either two or three lay justices advised by a legally qualified justices’ clerk, or a single district judge who is a professional lawyer. Magistrates have jurisdiction to try summary offences and either-way offences allocated to the magistrates’ court. Sentencing powers are limited to six months’ imprisonment for a single offence (or twelve months for consecutive sentences) and unlimited fines. Preliminary hearings, including bail applications, mode of trial determinations, and committal proceedings for serious offences, take place in the Magistrates’ Court.
The Crown Court
The Crown Court sits in approximately 80 locations across England and Wales. It is presided over by a High Court judge, a circuit judge, or a recorder, sitting with a jury of twelve persons. The Crown Court tries indictable-only offences and either-way offences sent for trial. The judge rules on legal issues and directs the jury; the jury decides the verdict. Sentencing powers are unlimited, reflecting the gravity of offences dealt with. The Crown Court also determines committals for sentence from the Magistrates’ Court and hears appeals against magistrates’ decisions.
Criminal Procedure Rules
The Criminal Procedure Rules (CrimPR) govern procedure in criminal courts. The overriding objective requires that criminal cases be dealt with justly. The rules cover case management, disclosure, pleas, evidence, and appeals. The disclosure regime, governed by the Criminal Procedure and Investigations Act 1996, requires the prosecution to disclose unused material that might undermine its case or assist the defence.
Bail and Custody
The Bail Act 1976 establishes a presumption of bail for defendants awaiting trial. The court must grant bail unless there are substantial grounds for believing the defendant would abscond, commit further offences, or interfere with witnesses. In serious cases, including murder, rape, and certain firearms offences, bail may be refused only in exceptional circumstances. Conditions may be attached to bail including residence requirements, reporting conditions, curfews, and electronic monitoring. Defendants refused bail are remanded to custody pending trial. The Crown Court and the High Court have jurisdiction to hear bail appeals. The period of pre-trial custody is subject to statutory time limits, requiring the prosecution to bring the case to trial within specified periods.
Disclosure and Evidence
The disclosure regime in criminal proceedings is governed by the Criminal Procedure and Investigations Act 1996 (CPIA). The prosecution must disclose to the defence any material that might undermine the prosecution case or assist the defence. The defence must serve a defence statement setting out the nature of the defence and the matters in issue. The court may stay proceedings for abuse of process where disclosure failures have prevented a fair trial. The rules on the admissibility of evidence include provisions on hearsay, bad character, and confessions. The court may exclude prosecution evidence under section 78 of the Police and Criminal Evidence Act 1984 (PACE) where its admission would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.
Sentencing and Plea
The sentencing framework in criminal cases is governed by the Sentencing Act 2020, which codified sentencing powers and principles. The court must follow any relevant sentencing guidelines issued by the Sentencing Council. Key sentencing principles include proportionality, totality, and the requirement to take account of the offence seriousness and the offender’s culpability. Guilty pleas attract a reduction in sentence — up to one-third for an early plea — reflecting the public interest in early resolution of cases and sparing victims the need to give evidence. The sentencing framework also provides for community orders, suspended sentences, fines, and custodial sentences.
Appeals
Appeals from the Magistrates’ Court lie to the Crown Court (against conviction or sentence) or by case stated to the High Court on points of law. Appeals from the Crown Court go to the Court of Appeal (Criminal Division). The Court of Appeal may allow an appeal against conviction if the conviction is unsafe. The Attorney General may refer unduly lenient sentences to the Court of Appeal. Further appeal to the Supreme Court requires certification of a point of law of general public importance. The Criminal Cases Review Commission may refer cases to the Court of Appeal where there is a real possibility that the conviction or sentence would not be upheld.