Venue
This term is used by lawyers to refer to the court in which your case will be heard. All cases begin in the Magistrates’ Court or, if you are under 18, in the Youth Court. Over 90 per cent of cases are concluded in the lower court. They are heard by a bench of two or three lay Justices of the Peace, who are trained volunteers, or a single legally qualified District Judge, formerly known as a Stipendiary Magistrate.
There are three categories of offences:
1.Summary offences
Most offences are 'summary', which means they can only be heard in the Magistrates' Court. These include common assault, threatening behaviour and nearly all motoring offences. They may not be imprisonable at all, or may carry a maximum sentence of no more than six months.
2. Indictable-only offences
At the other end of the scale, a small number of the most serious offences, such as murder, rape or robbery, are tried on indictment only. That means they must be tried in the Crown Court before a judge, who rules on the law and passes sentence, and a jury of twelve members of the public chosen at random who hear the evidence and decide on the facts and whether you are ‘guilty’ or ‘not guilty’ of the charge if you have pleaded ‘Not Guilty’.
The judge's maximum sentencing powers extend up to life imprisonment, but in all cases the sentence is limited by the maximum sentence fixed by Parliament for the offence charged.
These cases pass through the Magistrates' Court speedily. This is because the magistrates only decide on preliminary issues such as bail and representation and cases are usually sent to the Crown Court after one or two hearings.
3. Either-way offences
In between are a number of offences, such as assaults resulting in injury, theft and other offences of dishonesty, and burglary, which may be tried in either the Magistrates' Court or the Crown Court.
In either-way offences, a somewhat complex procedure, known as 'plea before venue', takes place in the Magistrates' Court. First you indicate how you intend to plead to each of the charges. If you enter a guilty plea then the Magistrates' Court goes on to consider sentence but may still decide to commit you to the Crown Court for a heavier sentence than they have power to impose.
The magistrates cannot pass a sentence of more than six months' imprisonment for any one offence but, where you are convicted of two or more either-way offences, they can impose a total of up to one year in prison. These limits may be increased in the near future.
If you indicate a not guilty plea to an either-way charge, and the prosecution is proceeding against you on that charge then the Magistrates' Court first considers whether its powers of sentence are sufficient to deal with the case in principle. If not, for example for most dwelling-house burglaries, the magistrates send the case to the Crown Court.
If the magistrates decide that they can hear the case at present you still have the right to elect trial by jury in the Crown Court yourself. However, the Government has already attempted to introduce legislation to remove this right and give the courts the last say.
When given this decision you need to weigh carefully the advantages and disadvantages of each court. Rates of acquittal on not guilty pleas are significantly higher in jury trials and many defendants feel they receive a fairer hearing before a jury than before magistrates who may have become 'case-hardened'. This is especially so where your solicitor is challenging police officers' evidence or arguing for the exclusion of evidence which may be inadmissible. The magistrates will hear this evidence anyway when deciding whether it is admissible whereas the jury will only hear the evidence if the judge decides it is admissible.
Jury trial, however, involves significant delays and greater prosecution and defence costs, which you may be ordered to pay if you are convicted. You are also opting for a court with greater sentencing powers in the event of your conviction. The choice may not be straightforward and, again, it is best to obtain legal advice before making it. You are entitled to a summary of the prosecution evidence, or copies of their witness statements, before deciding. This is known as 'Advance Information'.
In the Youth Court the process is simpler. All charges are heard there unless, on certain 'grave' charges carrying very long maximum sentences, the Youth Court sends the case to the Crown Court for trial. Youths have no right to elect jury trial. The Youth Court now has increased powers of sentence up to a maximum of two years in custody. If you are under 15, these powers are only available if the Youth Court decides you are already a ‘persistent’ offender. See also THE RIGHTS OF CHILDREN AND YOUNG PEOPLE
There are three categories of offences:
1.Summary offences
Most offences are 'summary', which means they can only be heard in the Magistrates' Court. These include common assault, threatening behaviour and nearly all motoring offences. They may not be imprisonable at all, or may carry a maximum sentence of no more than six months.
2. Indictable-only offences
At the other end of the scale, a small number of the most serious offences, such as murder, rape or robbery, are tried on indictment only. That means they must be tried in the Crown Court before a judge, who rules on the law and passes sentence, and a jury of twelve members of the public chosen at random who hear the evidence and decide on the facts and whether you are ‘guilty’ or ‘not guilty’ of the charge if you have pleaded ‘Not Guilty’.
The judge's maximum sentencing powers extend up to life imprisonment, but in all cases the sentence is limited by the maximum sentence fixed by Parliament for the offence charged.
These cases pass through the Magistrates' Court speedily. This is because the magistrates only decide on preliminary issues such as bail and representation and cases are usually sent to the Crown Court after one or two hearings.
3. Either-way offences
In between are a number of offences, such as assaults resulting in injury, theft and other offences of dishonesty, and burglary, which may be tried in either the Magistrates' Court or the Crown Court.
In either-way offences, a somewhat complex procedure, known as 'plea before venue', takes place in the Magistrates' Court. First you indicate how you intend to plead to each of the charges. If you enter a guilty plea then the Magistrates' Court goes on to consider sentence but may still decide to commit you to the Crown Court for a heavier sentence than they have power to impose.
The magistrates cannot pass a sentence of more than six months' imprisonment for any one offence but, where you are convicted of two or more either-way offences, they can impose a total of up to one year in prison. These limits may be increased in the near future.
If you indicate a not guilty plea to an either-way charge, and the prosecution is proceeding against you on that charge then the Magistrates' Court first considers whether its powers of sentence are sufficient to deal with the case in principle. If not, for example for most dwelling-house burglaries, the magistrates send the case to the Crown Court.
If the magistrates decide that they can hear the case at present you still have the right to elect trial by jury in the Crown Court yourself. However, the Government has already attempted to introduce legislation to remove this right and give the courts the last say.
When given this decision you need to weigh carefully the advantages and disadvantages of each court. Rates of acquittal on not guilty pleas are significantly higher in jury trials and many defendants feel they receive a fairer hearing before a jury than before magistrates who may have become 'case-hardened'. This is especially so where your solicitor is challenging police officers' evidence or arguing for the exclusion of evidence which may be inadmissible. The magistrates will hear this evidence anyway when deciding whether it is admissible whereas the jury will only hear the evidence if the judge decides it is admissible.
Jury trial, however, involves significant delays and greater prosecution and defence costs, which you may be ordered to pay if you are convicted. You are also opting for a court with greater sentencing powers in the event of your conviction. The choice may not be straightforward and, again, it is best to obtain legal advice before making it. You are entitled to a summary of the prosecution evidence, or copies of their witness statements, before deciding. This is known as 'Advance Information'.
In the Youth Court the process is simpler. All charges are heard there unless, on certain 'grave' charges carrying very long maximum sentences, the Youth Court sends the case to the Crown Court for trial. Youths have no right to elect jury trial. The Youth Court now has increased powers of sentence up to a maximum of two years in custody. If you are under 15, these powers are only available if the Youth Court decides you are already a ‘persistent’ offender. See also THE RIGHTS OF CHILDREN AND YOUNG PEOPLE
