The defendant is able to choose where they are tried – Magistrates or Crown court… All cases will start in the
Magistrates court.
MAGIRTRATES COURT CROWN COURT
If the matter is a summary only offence = can only be tried in the magistrates. If the matter is an indictable offence = can only be tried in
the crown court.
Either-way offence the court will have regard to S19(3) MCA – whether the sentence
which they would have power to impose for the offence would be adequate - s19(3)(a). Either-way offence: D could choose to be tried in the crown
D can have a choice as to where they are tried, but it will also depend on whether the court.
Magistrates considers they have sufficient powers in order to deal with the offence. This
is because the Magistrates has lesser powers to enforce more severe sentences than ADVANTAGES:
the Crown court can impose. Jury:
As stated, D may think that they may be more
ADVANTAGES: successful of receiving a not guilty verdict in the CC
Cost: due to a jury being sympathetic to their case.
If the trial was held at the magistrates, the overall costs would be smaller than if Further, if D is a repeat offender, then there is the
held at crown court. This will only really be a relevant factor to D if they were possibility that the judges in the Magistrates court
paying privately. know D and this may lead to unfavourable
Additionally, MC has no power to order at the end of the case that a defendant unconscious bias.
who has received a representation order and who has been convicted should
make any payment towards the cost of his publicly-funded legal representation. Acquittal rates:
Would D receive Legal Aid? – See Funding structure if need info here. Additionally, it is said that more acquittals occur in
the CC than the MC.
Speed:
If D / DS consider the case to show D is not guilty is reasonably easy to Admissibility issues:
establish, or there is not sufficient evidence against D, or if it is D’s first offence If D has previous convictions, the procedure for
they it may be advisable to be tried in the Magistrates court as the case will be dealing with admissibility is better for D in the crown
dealt with quicker than in the crown court. court than MC.
Trials in the MC are scheduled more quickly Again, the jury would also be asked to leave when
If D is being held in custody or on bail with conditions – having the trial brought this issue arises and so if it is determined the
quicker will be an advantage to D (especially if they have a job/about to start a previous convictions are inadmissible, they will never
job) know this information.
Intimidation: Time:
Being tried in the Magistrates may feel less intimidating to D – particularly if If D’s case is complex, or they require more time to
they are young/old/first time offender. gather evidence, then if they were tried at the CC,
Magistrates court.
MAGIRTRATES COURT CROWN COURT
If the matter is a summary only offence = can only be tried in the magistrates. If the matter is an indictable offence = can only be tried in
the crown court.
Either-way offence the court will have regard to S19(3) MCA – whether the sentence
which they would have power to impose for the offence would be adequate - s19(3)(a). Either-way offence: D could choose to be tried in the crown
D can have a choice as to where they are tried, but it will also depend on whether the court.
Magistrates considers they have sufficient powers in order to deal with the offence. This
is because the Magistrates has lesser powers to enforce more severe sentences than ADVANTAGES:
the Crown court can impose. Jury:
As stated, D may think that they may be more
ADVANTAGES: successful of receiving a not guilty verdict in the CC
Cost: due to a jury being sympathetic to their case.
If the trial was held at the magistrates, the overall costs would be smaller than if Further, if D is a repeat offender, then there is the
held at crown court. This will only really be a relevant factor to D if they were possibility that the judges in the Magistrates court
paying privately. know D and this may lead to unfavourable
Additionally, MC has no power to order at the end of the case that a defendant unconscious bias.
who has received a representation order and who has been convicted should
make any payment towards the cost of his publicly-funded legal representation. Acquittal rates:
Would D receive Legal Aid? – See Funding structure if need info here. Additionally, it is said that more acquittals occur in
the CC than the MC.
Speed:
If D / DS consider the case to show D is not guilty is reasonably easy to Admissibility issues:
establish, or there is not sufficient evidence against D, or if it is D’s first offence If D has previous convictions, the procedure for
they it may be advisable to be tried in the Magistrates court as the case will be dealing with admissibility is better for D in the crown
dealt with quicker than in the crown court. court than MC.
Trials in the MC are scheduled more quickly Again, the jury would also be asked to leave when
If D is being held in custody or on bail with conditions – having the trial brought this issue arises and so if it is determined the
quicker will be an advantage to D (especially if they have a job/about to start a previous convictions are inadmissible, they will never
job) know this information.
Intimidation: Time:
Being tried in the Magistrates may feel less intimidating to D – particularly if If D’s case is complex, or they require more time to
they are young/old/first time offender. gather evidence, then if they were tried at the CC,
