Criminal Process Overview

Ever wondered what actually happens when someone gets arrested? The criminal process starts when a defendant either pleads guilty (and gets sentenced straight away) or pleads not guilty (leading to a trial).

There are two main criminal courts: Magistrates Courts and Crown Courts. The judge's job is to keep everything fair and make sure legal rules are followed properly.

Who decides if someone's guilty? In Magistrates Courts, it's either a District Judge or lay magistrates. In Crown Court, a jury makes that crucial decision.

Quick Tip: Remember that pleading guilty means immediate sentencing, whilst pleading not guilty means you'll face a full trial.

Magistrates Court Jurisdiction

Magistrates Courts handle the bulk of criminal cases in England and Wales. They're staffed by either legally qualified District Judges or lay magistrates (ordinary people without legal training).

Here's what they deal with: all summary offences (minor crimes), triable either way cases that stay in their court, and the first hearing of serious indictable offences. They also sort out practical stuff like arrest warrants and bail applications.

One important role is running Youth Courts for defendants aged 10-17. These courts handle young offenders differently from adults, recognising that children need different approaches.

Remember: Magistrates Courts are your local criminal courts - they handle about 95% of all criminal cases!

Crown Court Jurisdiction

Crown Court is where the serious stuff happens. They deal with all indictable offences (the most serious crimes) and any triable either way cases sent up from Magistrates Courts.

When someone pleads guilty, the judge sits alone to handle the case and impose a sentence. But when someone pleads not guilty, that's when you get the full courtroom drama with a jury.

The judge has several key jobs during a jury trial: control the courtroom, make decisions about legal issues, explain the law and evidence to the jury, and sentence defendants found guilty. Meanwhile, the prosecution (usually the CPS) tries to prove guilt, whilst the defendant only needs to create reasonable doubt.

Key Point: In Crown Court, the jury decides guilt or innocence, but the judge controls everything else and decides on sentences.

Classification of Criminal Offences

Criminal offences fall into three categories, and understanding these is essential for knowing which court will hear your case.

Summary offences are the least serious - think drink driving, common assault, or stealing goods worth less than £200. These stay in Magistrates Court and have fines ranging from £200 to unlimited depending on the severity level.

Triable either way offences can go to either court. Examples include theft over £200 and assault causing actual bodily harm (ABH). If magistrates think their sentencing powers aren't enough, they can send the case to Crown Court.

Indictable offences are the most serious crimes like murder, manslaughter, and robbery. These must go to Crown Court, though the first hearing happens in Magistrates Court just to establish identity and sort out bail.

Memory Tip: Think of it as a ladder - summary (bottom), triable either way (middle), indictable (top) - with more serious crimes climbing higher up the court system.

Pre-trial Procedures

The pre-trial process varies depending on the type of offence, but it always starts with checking the defendant's identity and taking their plea.

For summary offences, if you plead guilty, you'll be sentenced immediately after the magistrates hear from both sides. Plead not guilty, and you'll get a trial date - though proceedings might be adjourned to gather more evidence or sort out legal representation.

Triable either way cases involve a mode of trial hearing where magistrates decide if they can handle the case. If their powers aren't sufficient, or if the defendant chooses, the case goes to Crown Court.

Indictable offences always end up in Crown Court for a Plea and Trial Preparation Hearing (PTPH). This is where they formally charge the defendant (called arraignment), set trial dates, and identify key issues. The defence must provide written statements about their strategy, including any alibi evidence.

Important: The more serious the offence, the more complex and lengthy the pre-trial process becomes.

Appeals from Magistrates Court

Unhappy with your result? The Criminal Appeal Act 1995 gives defendants the right to appeal, whether it's about perceived errors in law, facts, or procedure.

If you were found guilty, you can appeal against your sentence to Crown Court. They might confirm it, decrease it, or even increase it (though only up to what magistrates could have originally imposed).

For those convicted after pleading not guilty, you can appeal against both the conviction and sentence. Crown Court will conduct a complete rehearing with a judge and two lay magistrates, and they can consider new evidence that wasn't available during the original trial.

This appeal system ensures that mistakes can be corrected and that defendants get a fair second chance when things go wrong at the magistrates level.

Reality Check: Appeals aren't automatic wins - you need solid grounds to show something went genuinely wrong in your original trial.

Case Stated Appeals

Case stated appeals are a different route that goes straight to the Queen's Bench Divisional Court, bypassing the usual appeal process.

Here's how it works: magistrates (or Crown Court) are asked to state the case by setting out the facts and their decision. The appeal argues that they got the law wrong based on those facts - it's purely about legal interpretation, not about what actually happened.

These appeals are heard by a panel of judges (usually two) with no witnesses involved. The main argument is always that magistrates made a mistake about the law, not about the facts of the case.

The Divisional Court can confirm, change, or reverse the original decision, or send it back to magistrates with instructions. There's even a possibility of a further appeal to the Supreme Court for really important legal questions.

Key Insight: Case stated appeals are about getting the law right, not about re-arguing what happened - think legal clarification rather than factual disputes.

Appeals from Crown Court

Crown Court appeals are more complex and require permission to appeal under the Criminal Appeal Act 1995. A single judge from the Court of Appeal decides whether your case has merit - this filters out weak appeals and saves court time.

Defendants can appeal against conviction or sentence to the Criminal Division. If you have new evidence, it must be believable and significant enough to potentially change the outcome. The court considers whether this evidence would have been allowed at the original trial.

The Criminal Division has wide-ranging powers: they can overturn convictions (quash), reduce them to lesser offences, decrease sentences, dismiss appeals entirely, or order a completely new trial with a fresh jury.

This system balances giving defendants a fair chance to challenge wrongful convictions whilst preventing endless, frivolous appeals that would clog up the courts.

Pro Tip: Appeals aren't easy wins - you need either a clear legal error or compelling new evidence that wasn't available during your original trial.

Appeals Against Acquittals

Normally, if you're found not guilty, that's the end of it - but there are two rare exceptions where the prosecution can challenge an acquittal.

First, if the jury was nobbled (bribed or threatened), the case can be reopened. Second, under the Criminal Justice Act 2003, cases can be retried when there's new and compelling evidence of guilt, but only for serious offences like rape, terrorism, or racially motivated attacks.

This creates an exception to double jeopardy - the principle that you can't be tried twice for the same offence. However, the Director of Public Prosecutions must personally consent to reopening investigations.

These provisions are controversial because they challenge a fundamental protection, but they exist to ensure that serious criminals don't escape justice due to corrupt juries or major new evidence discoveries.

Important Note: These exceptions are extremely rare and only apply to the most serious crimes with overwhelming new evidence.

Aims of Sentencing

Section 142 of the Criminal Justice Act 2003 sets out five key purposes for sentencing adults: punishment, crime reduction, rehabilitation, public protection, and reparation.

Punishment is about giving offenders what they deserve - it's the "eye for an eye" approach where the sentence should match the crime's severity. Tariff sentences ensure consistency, so similar crimes get similar punishments regardless of who's in the dock.

Deterrence works two ways: individual deterrence aims to stop the offender reoffending through fear of punishment, whilst general deterrence sends a message to potential criminals. Think heavy prison sentences or substantial fines that make others think twice.

These aims sometimes conflict - punishment might require a harsh sentence, whilst rehabilitation might need community service and support. Judges must balance these competing objectives when deciding sentences.

Real World: Modern sentencing tries to be smart about reducing future crime, not just punishing past behaviour - it's about making society safer overall.