Representation at the Magistrates' Court and Crown Court

What does it mean to be prosecuted?

 

Prosecution is when an allegation has been made against an individual that a criminal offence has been committed.
A prosecution will start when a person is either:
charged at a police station, a summons is issued to answer an alleged crime at the courts, or a Postal Requisition is issued by the Crown Prosecution Service.

All cases start off in the Magistrates’ Court and fit into one of the following three categories:

‘Summary Only’, ‘Either Way’, and ‘Indictable Only’.

 

Summary Only

This offence is handled at the Magistrates Courts. They are usually for lower offences where the court will determine how you plead guilty and how to proceed. A trial date will be set if you plead not guilty, and a sentence is given if you accept the charges.

The summary trial takes places before a bench of lay magistrates or a judge, where the prosecution will present its evidence and the defendant is able to present their evidence.

Either Way

These offences are usually medium to high-level offences and are where a Magistrates Court will determine how the defendant pleads and determines if it will accept jurisdiction – if it will hear the case.
If the courts accept, you can just if you would like a jury trial, which an experienced solicitor can advise you on the best course of action.
However, if the Magistrates Court declines jurisdiction, the case will be sent to the Crown Court for Plea and Trial Preparation Hearing – this is known as Indictable Only offence.

Indictable Only

This is where your case is to be heard at the Crown Court, where a Plea and Trial Preparation Hearing will take place. You may plead guilty where the court will be adjourned for sentencing or not guilty, and the case will be adjourned for a trial before a judge and jury.

Jury trial

Whereas a summary trial was decided by magistrates or a judge, a jury trial is decided by 12 people. A judge will precede the case, where they will summarise the case to the jury and explain any legal matters to them in order for them to reach a decision.
The judge will ask the jury to reach a unanimous verdict, but if not, the judge will ask them to reach a majority verdict of 10 people

 

Attending the Magistrates Court or the Crown Court is an incredibly daunting experience, and it is vital you have an experienced lawyer to advise you throughout the process. At Mi solicitors we understand what it is like to go to courts and we have expert lawyers who will make you feel comfortable, answer all your questions, advice you through and provide a robust defence to get you the best verdict.
We also provide our services for Police Station Interviews, Youth Court and Court of Appeal.
If you require our assistance get in contact.
Although we are based in the West Midlands, we represent clients throughout the country.

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