The Magistrates' Court

Starting Point of All Prosecutions — All criminal cases start in a magistrates' court. Cases are heard by either 2 or 3 magistrates or a district judge; there is no jury (GOV.UK).

Summary Offences — The court normally handles summary offences such as most motoring offences, minor criminal damage, and common assault not causing significant injury.

Either-Way Offences — More serious offences such as burglary and drugs offences are 'either way' and can be heard either in a magistrates' court or the Crown Court, depending on allocation and the defendant's election.

Indictable-Only Offences — Magistrates' courts always pass the most serious crimes — murder, rape, robbery — to the Crown Court.

Bail and Custody — The court decides whether a defendant is kept in custody or released on bail, with conditions such as staying away from certain people or places, staying indoors or wearing a tag; failing to attend after being granted bail can itself lead to prison (Bail Act 1976 framework).

Sentencing Powers — Magistrates can impose up to 6 months' imprisonment for a summary offence and up to 12 months for an either-way offence (Sentencing Act 2020, s.224(1A)), plus fines, community sentences (such as unpaid work), disqualifications and combinations of punishments.

Open and Impartial Justice — Justice 'should not only be done, but should manifestly and undoubtedly be seen to be done' — the foundational principle of magistrates' justice from R v Sussex Justices, ex parte McCarthy.

Appeals — A defendant can appeal conviction and/or sentence to the Crown Court, usually within 15 working days of being sentenced; the Crown Court rehears the case, and the sentence can go down — or change — on appeal.