Crown Court

Overview

The Crown Court is the senior criminal court of first instance in England and Wales. It tries indictable-only offences (murder, rape, robbery, etc.) and either-way offences allocated for trial on indictment. Trials are conducted before a Circuit Judge or Recorder and a jury of twelve. The Crown Court also hears appeals from the Magistrates' Court — these are full rehearings, not reviews. The court sentences defendants committed for sentence by the Magistrates' Court.

What it handles

• Indictable-only offences (murder, rape, robbery, causing serious injury, drug trafficking)
• Either-way offences allocated for jury trial
• Appeals from Magistrates' Court convictions and sentences
• Sentencing in cases sent up for sentence by the Magistrates' Court
• Confiscation proceedings under the Proceeds of Crime Act 2002

Forms

Fees

• Criminal cases: No fee for defendantsCosts orders may follow conviction.

Deadlines

• Conviction or sentence at Crown Court → 28 days to lodge notice of appeal at Court of Appeal

Process

1. Step 1: Case reaches Crown Court

   The Crown Court deals with serious criminal cases such as murder, rape and robbery, and also receives appeals against a magistrates' court conviction or sentence and cases passed from a magistrates' court for trial or sentencing.

2. Step 2: Judge and jury

   A Crown Court normally has a jury, made up of 12 members of the public randomly selected from the electoral register, which decides the verdict; the judge decides the sentence and gives directions on how the trial should run.

3. Step 3: Trial

   The prosecutor opens the trial by setting out the charges and the facts of the case; the prosecution and then the defence each have the opportunity to call and question witnesses.

4. Step 4: Verdict

   Once all the evidence has been heard, the jury (or magistrates/District Judge in other courts) retire to consider their verdict.

5. Step 5: Sentencing

   If the defendant is found guilty, a judge sentences them; a Crown Court can give a range of sentences including community sentences and prison sentences, including life sentences.

6. Step 6: Appeal

   A defendant who disagrees with the Crown Court verdict may appeal, though a judge in the Court of Appeal first has to grant permission to appeal.

Appeals

Court of Appeal (Criminal Division).

Representation

Legal aid widely available subject to means and merits tests. Solicitor + barrister standard.

Official sources