The Crown Court is a senior criminal court in England and Wales. It deals with the most serious criminal cases, trials for indictable-only offences, many either-way offences, sentencing in serious cases, and appeals from magistrates' courts.
The Crown Court sits at court centres across England and Wales. It is part of the Senior Courts of England and Wales.
Jurisdiction
The Crown Court hears:
- Indictable-only cases, such as murder, rape, and robbery.
- Either-way cases sent for Crown Court trial.
- Cases committed or sent for sentence from the magistrates' court.
- Appeals against conviction or sentence from the magistrates' court.
The Crown Court can impose heavier sentences than the magistrates' court, subject to the maximum sentence set by law for the offence.
Jury Trials
Trials in the Crown Court usually involve a judge and jury. The judge controls the law, procedure, admissibility of evidence, and sentencing. The jury decides whether the prosecution has proved the case so that they are sure of guilt.
Juries usually start with 12 jurors. Verdict rules can allow majority verdicts in some circumstances after the jury has deliberated for the required period.
Judges
Crown Court cases may be heard by High Court judges, Circuit Judges, Recorders, or other authorised judges. The seriousness and type of case affects which level of judge is assigned.
Judges rule on legal issues, manage trials, give legal directions to juries, and pass sentence where a defendant is convicted or pleads guilty.
Appeals From Magistrates' Courts
The Crown Court hears appeals from magistrates' courts. These appeals may concern conviction, sentence, or both. They are commonly heard by a Crown Court judge sitting with magistrates.
An appeal from the magistrates' court to the Crown Court is usually a rehearing rather than a review limited only to legal errors.
Sentencing
The Crown Court sentences defendants who plead guilty or are convicted in the Crown Court. It can also sentence defendants sent from the magistrates' court where magistrates consider their own powers insufficient.
The court uses sentencing legislation and Sentencing Council guidelines. Relevant factors include seriousness, culpability, harm, aggravating and mitigating factors, previous convictions, guilty plea credit, dangerousness provisions, and statutory minimums or maximums.
Practical Examples
Indictable-Only Case
A murder case starts in the magistrates' court but is sent to the Crown Court because murder is indictable-only.
Either-Way Case
A burglary or serious assault may be sent to the Crown Court if the magistrates' court decides that the case is too serious for summary trial or if the defendant elects Crown Court trial where entitled.
Appeal
A defendant convicted of a summary offence in the magistrates' court may appeal to the Crown Court, where the case can be reheard.
See Also
References
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