Legal issues
Types of offence
- Summary only: tried by magistrates, for example most driving offences and common assault.
- Either way: can be tried in either court, for example theft and ABH.
- Indictable only: Crown Court only, for example robbery, GBH with intent and rape.
Allocation and election
For an either-way offence where you indicate not guilty, the court decides whether its sentencing powers are enough. If it accepts jurisdiction, you can still elect Crown Court trial.
Proposed changes
The Courts and Tribunals Bill, before Parliament in autumn 2026, would remove the right to elect Crown Court trial for either-way offences and leave the choice of court to the court. Until the Bill is passed and those provisions are brought into force, the current right to elect still applies.
Sending
Indictable-only cases are sent to the Crown Court under section 51 of the Crime and Disorder Act 1998, with a first Crown Court hearing usually a few weeks later.
Evidence that matters
The prosecution should serve initial details of its case before the first hearing. Your solicitor reviews these before you indicate a plea.
Reasonable lines of enquiry
To prepare
- Instruct a solicitor before the day, so they can review the initial details.
- Gather any evidence that supports your account.
- If pleading guilty, gather character references and evidence for mitigation.
What happens next
After a not guilty plea, the court sets a trial date and directions. After a guilty plea, sentence may be passed that day or adjourned for a pre-sentence report. See magistrates' court or Crown Court.
Immediate steps
- Arrive early with your paperwork.
- Do not discuss the case with anyone at court except your lawyer.
- Bring proof of income if you will apply for Legal Aid.
What should you send us?
Send the charge sheet or requisition, the court and date, and any papers you have received.