What to Expect in Criminal Court in the UK

How Criminal Cases Start in Court

If the police or another authority charge you with a criminal offence, your case will usually begin with a first appearance at the Magistrates’ Court. 

You may receive: 

• a postal requisition requiring you to attend court, or 
• a bail notice following arrest. 

If you are remanded in custody after being charged, you will be brought to court by secure transport. 

At the first hearing, the court will confirm: 

• your name and personal details 
• the charges against you 
• how you intend to plead 

The court will also decide whether the case should remain in the Magistrates’ Court or proceed to the Crown Court. 

What Happens at the Magistrates’ Court

Almost all criminal proceedings begin in the Magistrates’ Court. 

These courts deal with the majority of criminal cases in England and Wales and handle less serious offences directly. According to the structure of the criminal courts explained by the UK government, the Magistrates’ Court deals with most criminal matters at the first stage. 

Plea and Allocation Decisions

Your plea plays a crucial role in determining what happens next.

If You Plead Guilty

If you plead guilty, the court may move directly to sentencing. In some cases, sentencing may be adjourned to allow reports to be prepared. 

Magistrates can impose various penalties including: 

• fines 
• community orders 
• suspended sentences 
• custodial sentences. 

However, magistrates have limited sentencing powers. If they believe the offence warrants a more severe penalty, the case may be sent to the Crown Court for sentencing. 

If You Plead Not Guilty

If you plead not guilty, the court will schedule a trial. 

At this stage the court decides whether the trial should take place: 

• in the Magistrates’ Court, or 
• in the Crown Court. 

This depends largely on the seriousness of the offence. 

Some offences are known as “either-way offences”, meaning they can be heard in either court.

Trial at the Magistrates’ Court

If your trial takes place in the Magistrates’ Court, it will usually follow a structured process. 

The prosecution presents its case first. This may involve: 

• witness testimony 
• documentary evidence 
• expert evidence. 

Your solicitor or barrister will have the opportunity to cross-examine prosecution witnesses. 

After the prosecution case concludes, the defence may present its own evidence. This could include: 

• defence witnesses 
• expert reports 
• legal arguments. 

Once all evidence has been heard, the magistrates or District Judge will consider the facts and deliver a verdict.

When a Case Goes to the Crown Court

More serious criminal offences are dealt with in the Crown Court. 

Cases may be sent to the Crown Court if: 

• the offence is indictable only, such as robbery or serious fraud 
• the Magistrates’ Court does not have sufficient sentencing powers 
• the defendant elects trial by jury for an either-way offence.

Crown Court Trial Process

The Crown Court process is similar to that in the Magistrates’ Court but includes additional procedures. 

A typical Crown Court trial includes: 

• Opening speeches by the prosecution 
• Presentation of prosecution evidence 
• Cross-examination by the defence 
• Defence evidence 
• Closing speeches 
• Judicial directions to the jury 

The jury then retires to consider its verdict. 

Role of the Jury

Unlike Magistrates’ Courts, Crown Court trials involve a jury of 12 members of the public. 

The jury listens to the evidence presented during the trial and decides whether the defendant is: 

• guilty, or 
• not guilty. 

The judge oversees the proceedings and ensures the trial follows the law. 

Who Is Present in a Criminal Courtroom

A criminal courtroom typically includes several individuals with specific roles. 

These may include: 

• The judge or magistrates – responsible for overseeing the case. 
• The prosecution – usually representing the Crown Prosecution Service (CPS). 
• The defence solicitor or barrister – representing the defendant. 
• The defendant – the person charged with the offence. 
• Witnesses – individuals giving evidence. 
• The jury – in Crown Court trials. 

The CPS is responsible for prosecuting criminal cases investigated by the police. Guidance on their role can be found on the Crown Prosecution Service website. 

What Happens After a Verdict

Once the verdict has been delivered, the court will determine the next steps. 

If you are found not guilty, the case ends and you are free to leave. 

If you are convicted, the court will proceed to sentencing. 

Sentences vary depending on the seriousness of the offence and the circumstances of the case. Courts follow sentencing guidelines issued by the Sentencing Council when determining appropriate penalties. 

Possible outcomes include: 

• fines 
• community orders 
• suspended sentences 
• imprisonment. 

How a Criminal Defence Solicitor Can Help

Facing criminal proceedings can be overwhelming. A criminal defence solicitor provides essential legal support at every stage of the process. 

An experienced solicitor can: 

• analyse the evidence against you 
• advise you on plea decisions 
• prepare your defence strategy 
• represent you during hearings and trial 
• challenge prosecution evidence. 

Having professional representation ensures that your case is handled correctly and that your legal rights are protected. 

Criminal defence solicitors represent individuals accused of offences ranging from minor allegations to serious criminal charges.  

If you are due to attend court or have been charged with a criminal offence, obtaining legal advice as early as possible is essential. 

Our experienced criminal defence solicitors represent clients across England and Wales and provide clear, practical advice on how to deal with criminal proceedings