Criminal Law Solicitors in Leicester

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.

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.

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. If a single offence is sufficiently serious, the Magistrates Court can sentence a defendant to imprisonment for up to 6 months. In some circumstances, the total sentence imposed can increase if multiple offences are being considered. With some very limited exceptions, the maximum total sentence is 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.