Criminal law proceedings can be complex and it is sometimes difficult to know at which stage you might need the services of a legal professional. We have put together a two part series explaining some key aspects of criminal proceedings and how a barrister can help and support you.
The Magistrates’ Court is the lowest tier of criminal court in the UK. The ‘judges’ are typically a panel of three Magistrates (also called ‘Justices of the Peace’) who deliberately have no legal qualifications. They are assisted by their court legal advisor. The maximum sentence that can be passed for one offence in the Magistrates’ Court is 6 months, though some offences carry a lesser maximum. In the Magistrates’ Court, it is the Magistrates that hear the evidence and reach a decision in your case.
The Crown Court is the next highest tier criminal court, typically dealing with much more serious offences attracting prison sentences ranging from 6 months to life imprisonment. Hearings are generally conducted by a single Crown Court Judge who has exceptional legal experience. In the Crown Court, the function of the judge is, amongst other things, to ensure the trial is fair and to rule on matters of law involved. Matters of fact, however, such as deciding whether someone is guilty or not guilty at the end of a trial, are determined by a jury panel of 12 randomly selected members of the public.
Generally speaking, the type of Court is dependent on a number of factors, the most prominent being the type of offence with which you are charged. The first oral hearing (in a court room before a ‘judge’) will always be in the Magistrates’ Court. It is at this stage that a decision is taken as to which court will deal with the rest of the proceedings. If the relevant offence is one which is likely to attract a sentence of more than 6 months, it will be transferred up to the Crown Court for trial (plea of Not Guilty) or sentence (either where there has been a plea of Guilty, or a trial has taken place in the Magistrates’ Court, you have been found guilty and the Magistrates are satisfied that the type of sentence that should be passed is more than 6 months’).
There are three types of offence category: summary only, indictable only, or either-way:
*There are limited circumstances where a summary only matter may be dealt with in the Crown Courts if it can be attached to an indictable or either way offence that is being sent to the Crown (Section 40, Criminal Justice Act 1998).
It is essential in most cases to obtain legal advice when you are first charged. If you have been charged with an offence and seek specialist advice and representation, our dedicated team of skilled criminal practitioners will be able to assist.
One of our barristers can provide you with exceptional advice on your specific case, what will happen, how to proceed, and what the likely outcome would be. Having professional legal representation at each stage of the process will ensure your best case is put forward and will provide you with the highest chance of securing the best outcome.
To get the best help and advice, contact our clerks via our online contact form or call us on 01273 810011.
Kayleigh McChambell | Crime
Upon receiving your enquiry a public access clerk will contact you within 24 hours to discuss your case in further detail. Please see our 4 steps outlining the process of instructing a public access barrister with Barrister For Me.