Magistrates' and Crown Court (England & Wales): 12 questions answered
Every criminal case in England and Wales starts in the magistrates' court. Less serious cases stay there, while the most serious go to the Crown Court for trial before a judge and jury. Where a case is heard affects the maximum sentence, how the trial works and how you can appeal.
Law checked as at 25 September 2026. Legal information only, not legal advice. See how we check this page and recent changes.
What is the difference between summary, either-way and indictable-only offences?
Offences are sorted into three types that decide which court can deal with them. Summary-only offences, such as most motoring offences and common assault, can only be tried in the magistrates' court. Indictable-only offences, such as murder, rape and robbery, can only be tried in the Crown Court. Either-way offences, such as theft, burglary and many drugs offences, can be tried in either court, and a decision called allocation settles which one. The type of offence also affects the maximum sentence available.
What happens at the first hearing in the magistrates' court?
At the first hearing the court checks your name, address and date of birth, the charge is read out and, for most offences, you are asked whether you plead guilty or not guilty. For indictable-only offences no plea is taken and the case is sent straight to the Crown Court. The court also decides whether you are released on bail or kept in custody until the next hearing. A free duty solicitor is usually available at court, and you can apply for legal aid for the rest of the case.
Can I choose to have my case tried by a jury?
Yes, at the moment. If you plead not guilty to an either-way offence, magistrates first decide whether the case is suitable for them. If they decide it is too serious, it goes to the Crown Court. If they accept it, you currently have the right to elect (choose) Crown Court trial by jury instead. Weigh this carefully with a solicitor: Crown Court cases often take longer and the maximum sentences are higher. The government's Courts and Tribunals Bill would remove this right, but it is not yet law.
Are jury trials being scrapped for some cases?
Not yet. After Sir Brian Leveson's Independent Review of the Criminal Courts, the government introduced the Courts and Tribunals Bill in February 2026. It would remove the right to elect jury trial, have a judge sitting alone try many either-way cases where the likely sentence is three years or less, and allow judge-only trials for some complex fraud cases. As at 25 September 2026 the Bill is still going through the House of Commons and has not received Royal Assent, so jury trial rules have not changed.
What is the maximum sentence a magistrates' court can give?
Magistrates can currently impose up to 12 months in prison for a single either-way offence. This limit was restored on 18 November 2024. For summary-only offences the maximum is usually six months, and many carry a lower maximum or no prison at all. Fines for most offences are unlimited. If magistrates think their powers are not enough, they can send you to the Crown Court for sentence. The Courts and Tribunals Bill would let ministers raise the limit to 18 or 24 months, but that is not yet law.
What happens at a criminal trial?
The prosecution goes first. It explains its case, calls its witnesses and presents other evidence, and your lawyer can cross-examine each witness. You can then give evidence yourself and call your own witnesses, although you do not have to. If you choose not to give evidence, the court may be allowed to draw an adverse inference under section 35 of the Criminal Justice and Public Order Act 1994. The prosecution must prove guilt so that the magistrates or jury are sure. In the Crown Court, the jury decides the verdict and the judge passes sentence.
What should I wear and bring to court?
There is no formal dress code, but clean, smart clothes help show you take the case seriously. Avoid slogans, hats and sunglasses unless worn for religious or medical reasons. Bring your court letter or charge sheet, photo ID, any paperwork your solicitor asked for, details of your income and outgoings if you might be fined, and any medication you need. Arrive early, because there is airport-style security. If you might be kept in custody, arrange childcare and tell someone you trust where you are.
What happens if I miss my court date?
If you are on bail and fail to attend court without a reasonable excuse, the court will usually issue a warrant for your arrest. Failing to surrender to bail is also a separate offence under section 6 of the Bail Act 1976. It is punishable by up to three months in prison in the magistrates' court, or up to 12 months if dealt with by the Crown Court. It will also make bail harder to get in future. If you cannot attend, for example because you are ill, contact the court and your solicitor before the hearing.
What is the youth court?
The youth court is a special magistrates' court for children aged 10 to 17. Cases are heard by magistrates trained in youth work or by a district judge, the hearing is closed to the public, and the setting is less formal. A parent or guardian must usually attend if the child is under 16. Reporting restrictions normally mean the child cannot be named. The most serious youth cases, such as homicide, can go to the Crown Court. Our youth justice guide explains the process in more detail.
How do I appeal against a magistrates' court decision?
You can appeal to the Crown Court against your conviction (if you pleaded not guilty) or against your sentence. The notice of appeal must normally be given within 15 business days of sentence, although the Crown Court can allow a late appeal. A conviction appeal is a full rehearing before a judge and two magistrates. Be aware the Crown Court can increase your sentence, up to what the magistrates could have given. A separate appeal on a point of law to the High Court, by case stated, must be requested within 21 days.
How do I appeal against a Crown Court conviction or sentence?
Appeals from the Crown Court go to the Court of Appeal (Criminal Division). You normally need permission, called leave, and the application must usually be lodged within 28 days of the conviction or sentence. A single judge first looks at the papers. You can renew a refused application before the full court, but the court can order that time already spent in custody does not count towards your sentence if it thinks the renewal had no merit. A solicitor or barrister can advise whether there are arguable grounds.
What is the Criminal Cases Review Commission?
The Criminal Cases Review Commission (CCRC) is an independent body that investigates possible miscarriages of justice in England, Wales and Northern Ireland. It can send a conviction or sentence back to an appeal court if it thinks there is a real possibility the court would overturn or change it. You normally have to have appealed first, and you usually need new evidence or new legal argument not raised before. There is no time limit and applying is free. You can apply online, by post or with a lawyer's help.
Try the free tool that goes with this guide.
What happens next: the criminal process step by step →Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Courts: magistrates' courts, Crown Court and youth courts (GOV.UK)
- Courts and Tribunals Bill: progress (UK Parliament)
- Sentencing Act 2020 (Magistrates' Court Sentencing Powers) (Amendment) Regulations 2024
- Bail Act 1976, section 6
- How to appeal a criminal conviction or sentence in England and Wales (House of Commons Library)
- The case review process (Criminal Cases Review Commission)
Have a question this page didn't answer? Ask LawBot, the free Be Crime Wise assistant.
Ask LawBot →