FAQs

Crown Court deals with more serious or complex cases, cases sent up from the Magistrates’ Court, elected trials, and appeals. Not-guilty trials are heard by a judge and jury. You will usually be represented by a barrister or a Higher Court Advocate.

If your case is serious enough and your means qualify, legal aid may fund your defence, sometimes with a contribution. Contributions can be substantial but are typically refunded if you are acquitted. If legal aid is not granted, private fees depend on the charge, witnesses and preparation needed, we will discuss hourly rates or fixed fees. (Funding points also apply where you plead guilty).

Given its caseload, Crown Court often imposes custodial sentences, but prison is not inevitable. Judges have a range of non-custodial options where appropriate.

Primarily the most serious/complex matters and indictable-only offences (e.g. murder, drugs conspiracies, serious sexual offences).

If the outcome was announced in open court, the public should be entitled to ask the relevant court for details. However, restrictions can often apply where, for example, the defendant is a youth. Details of cases are widely reported in the media.

Almost all cases start in the Magistrates’ Court and many finish there. Depending on seriousness, a case might be sent to the Crown Court. Hearings are before a District Judge or a bench of Magistrates (lay justices) assisted by a qualified legal adviser.

If a not guilty plea is entered and the case remains in the Magistrates Court, a trial will be necessary. Evidence will then be heard by the magistrates or by a judge who will go on to consider the appropriate verdict. If the defendant is on a low income and the case is sufficiently serious, then “legal aid” is likely to be granted. This means that the defence case would be funded by the State and no financial contribution would be expected from the defendant. In the event of a conviction, however, court and prosecution costs are usually imposed.

If legal aid is not granted, the defendant would have to pay privately for representation. Such costs will vary tremendously and will depend on the nature of the charge, the number of witnesses and the level of preparation required. Funding, by reference to an agreed hourly rate or a fixed fee, would be discussed.

These funding issues apply equally to the most common scenario whereby defendants admit their wrongdoing by way of a guilty plea.

Yes. For a single offence, Magistrates can impose up to 12 months’ imprisonment.