Legal issues
The three types of offence
- Summary-only: heard in the Magistrates' Court, for example most driving offences and common assault.
- Either-way: heard in either court, for example theft, fraud and ABH.
- Indictable-only: heard in the Crown Court, for example robbery, rape and murder.
How either-way cases are allocated
You indicate a plea first. If you indicate not guilty, the magistrates decide whether their powers are enough for the case. If they accept jurisdiction, you can usually elect Crown Court trial. Changes to how some either-way cases are allocated have been before Parliament in 2026; your solicitor will confirm the rules that apply on your court date.
Evidence that matters
How the courts differ
- Who decides: magistrates or a district judge in the Magistrates' Court; a jury decides guilt in a Crown Court trial, and a judge passes sentence.
- Sentencing powers: the Magistrates' Court is limited; the Crown Court is not, beyond the statutory maximum for each offence.
- Speed: Magistrates' Court cases are usually heard sooner; Crown Court backlogs can mean long waits.
- Cost: Crown Court cases usually involve more preparation, a barrister and higher costs.
Reasonable lines of enquiry
Choosing a venue for an either-way offence
The right choice depends on the evidence, the issues in dispute, the likely sentence if convicted, the time a Crown Court trial may take, and the effect of delay on you. The magistrates can also commit a case to the Crown Court for sentence after conviction if they decide their powers are not enough. Take advice before the allocation hearing.
What happens next
What happens at the first hearing
The court checks your details, deals with bail, and for either-way offences asks for your plea indication and decides allocation. Indictable-only cases are sent straight to the Crown Court. See Magistrates' Court representation and Crown Court representation.
Immediate steps
Before your first hearing
- Get the charge sheet or postal requisition to a solicitor as soon as you can.
- Do not indicate a plea before you have seen the evidence and taken advice.
- Note the court, the date and any bail conditions.
What should you send us?
Just tell us the charge, the court and the hearing date. We will ask for the paperwork later.