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Summary of Criminal courts

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Summary of the different courts and offences in the English and Welsh legal system. Also includes key summaries of pre-trial procedures for each type of offence.

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Types of offences
Summary offences:
- Tried in magistrates court
- Examples - driving without insurance, common assault

Triable either way offences:
- Tried in either magistrates or crown court
- Examples - theft, actual bodily harm (ABH)

Indictable offences:
- Tried in crown court
- Examples - murder, rape


Magistrates Court
- Have 3 magistrates
- Sentencing limit of up to 6 months
Deal with:
- Mode of trial proceedings held here for either way offences
- Sending for trial hearings for indictable offences
- Youth cases (10-17)
- Decide bail
- Issue arrest and search warrants

Crown Court
- Have a Judge and Jury
- Sentence up to the maximum penalty (set by parliament)
Deal with:
- Indictable and serious either way offences
- See some cases for sentences sent up by Magistrates Court
- Appeals from Magistrates Court against conviction or sentence

Pre-trial procedures
- First hearing: - held at Magistrates Court, addresses issues of bail, legal
aid and reports.

Bail:
- Right to remain at liberty until next Court appearance.
- Alternative to bail is remand in custody
- May be granted conditionally or unconditionally

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Uploaded on
July 23, 2026
Number of pages
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Written in
2024/2025
Type
SUMMARY

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