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Criminal Defence | England & Wales

Magistrates' Court or Crown Court: where will your case be heard?

Every criminal case starts in the Magistrates' Court, but not every case stays there. This guide explains which court hears what and the choices you may have.

KEY ANSWER

The position in brief

Every adult criminal case begins in the Magistrates' Court. Summary-only offences stay there; indictable-only offences, such as robbery or rape, are sent to the Crown Court. Either-way offences, such as theft or assault occasioning actual bodily harm, can be heard in either court: the magistrates decide whether the case is suitable for them, and if they accept it you can usually still choose trial by jury in the Crown Court. Magistrates can currently impose up to 12 months' custody for a single either-way offence; the Crown Court can impose up to the maximum the law allows.

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.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We advise on plea and venue, represent you at the first hearing and prepare the case in either court. Private fees for Magistrates' Court work are set out on our fees page; Legal Aid may also be available.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Can I choose a jury trial?

For an either-way offence, usually yes, if the magistrates have accepted jurisdiction. For summary-only offences, no. Indictable-only offences are always tried in the Crown Court.

What is the maximum sentence in the Magistrates' Court?

Currently up to 12 months' custody for a single either-way offence, and up to six months for a summary-only offence, subject to the maximum for that offence.

Is the Crown Court always worse for the defendant?

Not necessarily. It has higher sentencing powers, but a jury trial and fuller disclosure can suit some cases. The decision depends on the facts.

NEXT STEP

Get advice before your first hearing

Tell us the charge, court and date. We will advise on plea and venue before the hearing.

Get advice before your first hearing