Criminal Law Solicitors in Leicester

If a not guilty plea is entered and the case is allocated to the Crown Court, a trial will be necessary. Evidence is heard by a judge and jury who will 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. In Crown Court proceedings, as distinguished from those in the Magistrates Court, legal aid will commonly be granted with a requirement that the defendant pays a contribution towards his/her defence costs. Whilst this can often be substantial, a defendant is entitled to its reimbursement in the event of an acquittal. 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 also apply where defendants admit their wrongdoing by way of a guilty plea.

As the Crown Court generally deals with the most serious cases, the sentences imposed are often custodial and lengthy. This reflects the fact that the Magistrates have usually decided that their sentencing powers are too limited. Please note, however, that custodial sentences are by no means inevitable in the event of a conviction or guilty plea. The Crown Court has a range of non-custodial penalties at their disposal.

Those cases which are deemed too serious or complex to be dealt with at the Magistrates Court form the substantial majority of the Crown Court’s case load. The list includes “indictable only” offences (which can only be concluded in the Crown Court) such as murder, drugs conspiracies and serious sexual offences.

Virtually all criminal cases, regardless of seriousness, commence in the Magistrates Court. The substantial majority of such cases also conclude in this court. Depending on its category and seriousness, the case may then be allocated to the Crown Court, if the Magistrates Court feels that its powers of punishment are insufficient. Even if the court feels able to retain the case, defendants can sometimes elect to have their case committed to the Crown Court.

Cases are either dealt with by a District Judge, who is legally qualified, or by Magistrates. Magistrates, who usually sit as a group of three people, are not legally qualified but are assisted by a legal adviser who is fully trained.

Yes. If a single offence is sufficiently serious, the Magistrates Court can sentence a defendant to imprisonment for up to 12 months.

Even if it is determined that a prison sentence has to be imposed, the Magistrates still have power to suspend such a sentence. This means that a sentence would be fixed but would not have to be served if the defendant kept out of trouble and/or complied with other requirements for a fixed period (usually 12 months).

The court has a number of other sentencing powers including fines, unpaid work, curfews and Probation supervision requirements. Such penalties often comprise a combination of elements.