Criminal courts and criminal process

Law (9084) · Cambridge International AS Level · 5 min read · Updated: 7 Sept 2026

Introduction to Criminal Courts and Process

Welcome! In this chapter, we explore how the English legal system handles people accused of crimes. Think of the criminal process as a roadmap that starts at the police station and ends in a courtroom. We will look at where different crimes are tried, how the courts decide who goes where, and the rules regarding bail (staying out of prison while waiting for trial). Understanding this machinery is vital because it ensures that justice is served fairly and efficiently.

1. Classification of Offences

Not all crimes are the same. A person caught speeding shouldn't be treated the same way as someone accused of a serious robbery. English law divides crimes into three categories based on how serious they are:

1. Summary Offences: These are minor crimes. They are almost always tried in the Magistrates' Court.
Example: Motoring offences (like speeding) or minor assaults.

2. Triable-Either-Way Offences: These are "middle-range" crimes. As the name suggests, they can be tried "either way"—in the Magistrates' Court or the Crown Court.
Example: Theft or obtaining services dishonestly (under the Fraud Act 2006).

3. Indictable-Only Offences: These are the most serious crimes. They must be tried in the Crown Court before a judge and jury.
Example: Robbery (under s8 Theft Act 1968) or murder.

Quick Review: Remember the "Scale of Seriousness." Small crimes = Summary. Middle crimes = Either-way. Serious crimes = Indictable.

2. The Criminal Courts: Roles and Jurisdiction

There are two main "workhorse" courts in the criminal system:

The Magistrates' Court

Every single criminal case starts here. The "jurisdiction" (legal power) of this court includes:
• Trying all summary offences.
• Dealing with the preliminary stages of indictable offences before sending them to the Crown Court.
• Conducting "mode of trial" hearings for either-way offences.
• Sentencing: They have limited powers. If a crime is too serious for their sentencing limits, they must send the defendant to the Crown Court for a tougher sentence.

The Crown Court

This is where the "big" cases happen. Its jurisdiction includes:
• Trying all indictable-only offences.
• Trying either-way offences that have been "sent up" from the Magistrates.
• Hearing appeals from the Magistrates' Court.
• Sentencing defendants who were convicted in the Magistrates' Court but need a higher penalty.

3. The Pre-Trial Process

The steps taken before a trial begins depend on the type of offence:

For Summary Offences: The process is simple. The defendant enters a plea (Guilty or Not Guilty) at the Magistrates' Court. If they plead guilty, they are sentenced. If they plead not guilty, a trial date is set in the same court.

For Indictable-Only Offences: These cases have an "early administrative hearing" at the Magistrates' Court and are then immediately transferred to the Crown Court.

For Triable-Either-Way Offences: This is the most complex path. It involves two main steps:
1. Plea Before Venue: The defendant is asked if they plead guilty. If they plead guilty, the Magistrates sentence them (or send them to Crown Court if their powers are too small).
2. Mode of Trial: If the defendant pleads not guilty, the Magistrates must decide if they are willing to hear the case. If the case is complex or serious, they send it to the Crown Court. If the Magistrates agree to hear it, the defendant gets the final choice of where to be tried.

Analogy: Think of the "Mode of Trial" like a restaurant. The Magistrates decide if they can "cook the meal" (hear the case). If they can, you (the defendant) still get to decide if you'd rather eat there or go to the "fancier" Crown Court.

4. Bail: Freedom Pending Trial

Bail is the release of a person until their next court appearance. It is based on the idea that a person is "innocent until proven guilty."

Police Bail

The police can grant bail under the Police and Criminal Evidence Act 1984 (PACE) and the Criminal Justice and Public Order Act 1994. This happens:
• After a person is arrested but before they are charged (while the police continue investigating).
• After a person is charged but before their first court appearance.

Court Bail

When a defendant appears in court, the Bail Act 1976 states there is a general presumption in favour of bail. This means the court should grant bail unless there is a good reason not to.

Factors for refusing bail: The court may refuse bail if they believe the defendant will:
• Fail to surrender to custody (abscond/run away).
• Commit further offences while on bail.
• Interfere with witnesses or obstruct justice.

Bail Conditions: The court doesn't just have to choose between "jail" or "free." They can set conditions, such as:
• Surrendering a passport so the person cannot leave the country.
• Residence: Living at a specific address.
• Curfew: Staying indoors during certain hours (often monitored by an electronic tag).
• Reporting: Checking in at a police station regularly.

5. Appeals

If the prosecution or the defence thinks the court made a mistake, they can appeal. The route depends on where the trial started.

Appeals from the Magistrates' Court

• To the Crown Court: This is for the defence only. They can appeal against the conviction (if they pleaded not guilty) or the sentence.
• To the High Court (Administrative Court): This is called an appeal by way of case stated. Both the prosecution and defence can use this if they believe the Magistrates made a mistake on a point of law.

Appeals from the Crown Court

• To the Court of Appeal (Criminal Division): The defence can appeal against conviction or sentence. The prosecution has limited rights to appeal (e.g., if the sentence was "unduly lenient").
• To the Supreme Court: This is the final stop. An appeal can only go here if the Court of Appeal certifies that the case involves a point of law of general public importance.

Key Takeaway: The appeals system ensures that if a judge makes a legal error or a sentence is clearly wrong, it can be fixed by a higher court.

Quick Review Summary

• Summary: Minor, Mags.
• Triable-Either-Way: Middle, Mags or Crown (Defendant chooses if Mags agree).
• Indictable: Serious, Crown.
• Bail Act 1976: Presumption in favour of bail unless specific risks exist.
• Appeals: Errors in law go to the High Court/Court of Appeal/Supreme Court.

Quick check

Can you answer these now?

Open each question to check the key ideas from this chapter.

What are the three categories of criminal offences in the English legal system?

The three categories are Summary offences, Triable-either-way offences, and Indictable-only offences.

What is the jurisdiction of the Magistrates' Court in criminal cases?

The Magistrates' Court tries all summary offences, conducts preliminary stages for indictable offences, and handles mode of trial hearings for either-way offences.

What types of cases are heard within the jurisdiction of the Crown Court?

The Crown Court hears all indictable-only offences, either-way offences sent up from the Magistrates, appeals from the Magistrates' Court, and sentencing referrals.

What are the two steps used to decide where a triable-either-way offence will be heard?

The two steps are the Plea Before Venue and the Mode of Trial hearing.

What is the general presumption regarding bail under the Bail Act 1976?

Under the Bail Act 1976, there is a general presumption that a person should be granted bail and released pending their trial.

What are the three main grounds on which a court may refuse to grant bail?

Bail may be refused if the court believes the defendant will fail to surrender to custody, commit further offences, or interfere with witnesses.

What types of conditions can a court attach to a grant of bail?

The court can require the surrender of a passport, a specific place of residence, a curfew (with electronic tagging), or regular reporting to a police station.

What is an 'appeal by way of case stated' from the Magistrates' Court?

It is an appeal to the High Court (Administrative Court) by either the prosecution or defence on the grounds that the Magistrates made an error on a point of law.

Under what condition can a criminal case be appealed to the Supreme Court?

An appeal can only go to the Supreme Court if the Court of Appeal certifies that the case involves a point of law of general public importance.

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