H418/01 - Offences, courts and pre-trial procedure

Courts, charges and criminal proof

A criminal prosecution alleges that the defendant committed an offence against the law; a charge is an allegation, not a finding of guilt.

The prosecution presents the case against the defendant, who may be represented by a defence lawyer. The Crown Prosecution Service prosecutes many cases. The defendant is presumed innocent. Normally the prosecution must prove guilt so that the court is sure, often described as beyond reasonable doubt. An acquittal is a not-guilty verdict; a conviction is a finding of guilt. Sentence is the court's response after conviction, rather than a procedure for deciding whether the allegation is true.

Ordinary criminal cases begin in a Magistrates' Court. It tries summary offences and suitable either-way offences, handles initial hearings for more serious offences, makes many bail and case-management decisions and sentences within its powers. A bench of lay magistrates, usually three, or a legally qualified District Judge can hear cases. There is no jury in a normal magistrates' trial.

The Crown Court tries indictable-only offences and either-way offences sent there. At a contested trial on indictment, a judge deals with law and procedure and a jury normally determines guilt. A guilty plea removes the need for that contested determination. The Crown Court also sentences defendants committed by magistrates and hears appeals from magistrates. One court therefore has trial, sentencing and appellate functions; not every Crown Court hearing uses a jury. Government guidance on criminal courts sets out these roles.

Original worked distinction: Magistrates may send a serious allegation to the Crown Court without finding the defendant guilty. Alternatively, they may convict on an either-way offence and commit the defendant for sentence because their sentencing powers are insufficient. Sending for trial and committing for sentence do different jobs.

Summary offences

Summary offences are the least serious procedural category and are normally tried in the Magistrates' Court.

Examples include ordinary speeding and common assault. “Less serious” is a classification of trial procedure, not a claim that the victim's experience is unimportant. Offence-specific rules and linked charges can create exceptions, so the example must be used within its stated setting.

At the first hearing the court checks the defendant's details, charge and plea and addresses representation and readiness. A guilty plea admits the offence and usually leads to sentence, immediately or after further information such as a pre-sentence report. A not-guilty plea leads to preparation for a magistrates' trial: the court identifies the disputed issues, arranges witnesses and evidence and sets a timetable. Bail or custody must be considered if the proceedings continue.

At the trial the magistrates or District Judge hear evidence and legal submissions, decide guilt and, if convicting, sentence within their powers. There is no ordinary right for a defendant charged only with a summary offence to choose a jury merely because they prefer the Crown Court. A summary offence's procedural classification must be distinguished from a right to appeal after conviction.

Original worked comparison: A defendant admits a straightforward speeding charge; the case may proceed to sentence without a contested trial. Another disputes the allegation; the case is prepared for trial in the Magistrates' Court, rather than automatically sent to a jury. The plea changes what must be determined, but does not itself change the offence's trial category.

Either-way offences and allocation

An either-way offence can be tried in the Magistrates' Court or the Crown Court, depending on legal allocation and, in suitable cases, the defendant's election.

Examples include many theft offences and assault occasioning actual bodily harm. The court first takes an indication of plea. If guilty, the defendant is treated as having pleaded guilty; magistrates consider sentence and may commit to the Crown Court if their powers are insufficient. There is no need to allocate a contested trial that the plea has removed.

If not guilty, the magistrates conduct allocation, formerly called mode of trial. They consider seriousness, complexity and whether their sentencing powers are adequate, taking account of representations. If they decline jurisdiction, the case goes to the Crown Court. If they accept jurisdiction, the defendant may consent to summary trial or elect Crown Court trial. Acceptance by magistrates does not force a defendant to surrender the normal right to elect. The CPS allocation guidance identifies the governing Magistrates' Courts Act 1980 procedure and separate committal-for-sentence powers.

Original worked example: An adult denies a theft allegation suitable for summary trial. The magistrates accept jurisdiction; the defendant chooses Crown Court trial. The allegation is sent for a judge-and-jury trial despite the magistrates' willingness to try it. Change the plea to guilty and the problem is sentence, not which court should decide contested guilt. Change the seriousness so the magistrates decline jurisdiction and the defendant cannot insist on a magistrates' trial.

Special rules qualify examples: low-value shoplifting and some low-value criminal damage receive particular allocation treatment. Do not infer a venue from the word “theft” without checking the charge and facts. Here the worked example assumes the ordinary either-way route, outside those special rules.

Allocation connects efficiency with fair trial choice. Magistrates' proceedings may be quicker and less costly; jury trial allows participation by a larger lay group and provides a different safeguard. Choosing a venue does not change the presumption of innocence or guarantee a more sympathetic verdict. A reasoned argument recognises both procedural cost and the defendant's interests.

Indictable-only offences

Indictable-only offences, such as murder and rape, require trial in the Crown Court rather than an ordinary magistrates' trial.

An indictment is the formal charging document used for a Crown Court trial. “Indictable” can also describe offences capable of being tried on indictment, including either-way offences. When distinguishing the three procedural categories, use indictable-only for the category that must go to the Crown Court.

The initial Magistrates' Court hearing deals with matters such as identity, the charge, representation and remand. Under Crime and Disorder Act 1998 section 51, the ordinary adult indictable-only case is sent to the Crown Court without magistrates trying it or conducting either-way allocation. The magistrates do not take the trial plea in the same way as for an ordinary summary trial. Related charges may also be sent where the statutory rules require it.

At the Crown Court, a plea and trial preparation hearing takes the plea and organises the case. The court addresses issues, disclosure, witness and expert arrangements and trial readiness. The prosecution discloses its case and has obligations concerning unused material; the defence identifies its position under the applicable rules. A guilty plea proceeds towards sentence. A not-guilty plea normally leads to trial before a judge and jury. Preparation tests the issues fairly; it does not make the jury redundant.

Original worked contrast: An adult charged with murder cannot demand a magistrates' trial because the first hearing occurs there. The first hearing and trial venue differ. Likewise, being sent promptly to the Crown Court is not proof the prosecution has established every element. The prosecution must still prove the case at trial if guilt is contested. The CPS guidance explains sending under the 1998 Act.

Bail, remand and fair preparation

If a criminal case continues, the court must decide whether the defendant awaits the next stage in the community or in custody.

Bail allows release subject to attendance and any lawful conditions; remand in custody means detention pending the next stage. Bail is not an acquittal, and remand is not a sentence for proved guilt. The Bail Act 1976 provides the framework and a general right to bail in covered circumstances, with important exceptions. The available grounds vary with the offence and situation. For imprisonable offences, concerns may include substantial grounds for believing that the defendant would fail to attend, commit offences or interfere with witnesses. Special rules govern some serious cases. CPS bail guidance explains those distinctions.

Conditions must address a lawful purpose, such as protecting a witness through a non-contact requirement. A court considers the actual risk, not a bare assertion that every accused person must be imprisoned. It must also respect the limits of its powers. Defence access to the charge and evidence, legal advice and enough time to prepare support a fair hearing whichever venue is selected.

Original worked analysis: A defendant with a settled address offers to attend but has allegedly threatened the key witness. The address helps address attendance; it does not answer the separate interference concern. A suitable non-contact condition may reduce the risk; if it cannot adequately do so, custody may be justified under the relevant rules. The supplied facts do not guarantee either outcome.

The tension is between liberty before proved guilt and protection of the proceedings and public. Detaining every defendant would undermine the presumption of innocence; ignoring evidenced risks would endanger justice. The strongest conclusion identifies the risk and explains why a lawful measure is proportionate to it.

Quick recap

Separate the charge from guilt, plea from allocation, and trial from sentence. Summary cases normally stay with magistrates; ordinary either-way cases involve allocation and possible election; indictable-only cases are sent to the Crown Court. Bail is a separate decision about awaiting proceedings.