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A Typical Criminal Case

Stage 1	Stage 2	Stage 3	Stage 4	Stage 5
Suspect	Defendant		Offender	Appellant
Arrest	Preparing for court	Court Proceedings	Sentence	Appeal
		A - Magistrates' Court B - Crown Court C - Youth Court

Once a complaint is made regarding an alleged criminal offence, the police are under a duty to investigate. They will attempt to identify a suspect, and may arrest that person where they have the necessary powers to do so. Alternatively, they may report them to be summonsed before a court.

Once someone is arrested, they're taken to a police station, where they're entitled to free and independent legal advice. The suspect will be placed in a cell, and if they have requested legal advice they will be able to consult privately with a solicitor and the solicitor can be present at any police interview.

Following arrest and any interview or further investigation, the police may decide to charge the person, to issue a formal caution or to release them with no further action. Following charge the suspect may be bailed to attend at a Magistrates' Court, although in some more serious cases suspects may be detained in police custody pending their court appearance.



The police take statements from prosecution witnesses and prepare a prosecution file, passing it to the Crown Prosecution Service (CPS). A Crown Prosecutor will then consider whether there is sufficient evidence to provide a realistic prospect of conviction; if they decides that there is, and unless they are of the opinion that it is not in the public interests to proceed, a prosecution will usually take place.

At the same time, the defendant will want to meet with their solicitor. Once the issue of funding is clarified, the solicitor will take preliminary instructions and, if necessary, interview potential defence witnesses. If counsel is to be instructed, they will normally want to meet the defendant.



The defendant appears before the Magistrates' Court and will normally have to decide whether to plead guilty or not guilty.

Summary offences will be dealt with straight away, with those offenders who plead guilty being sentenced and those who plead not guilty having their cases heard by magistrates.

Indictable-only offences are sent to the Crown Court.

Triable either-way offences are dealt with like summary offences unless the magistrates decide the case is more suitable for the Crown Court or if the defendant elects Crown Court trial.

Over 95% of all cases are dealt with completely at the magistrates' courts.



In most cases that go to the Crown Court there will be a Plea and Directions Hearing (PDH) where the indictment is read out and the defendant is asked if they plead guilty or not guilty.

If they plead not guilty then a trial is needed. Once the date for a trial is set, the defendant and the defence and prosecution, plus witnesses, are advised of the date of trial.

A Crown Court trial takes place before a judge and jury. At the start of the trial the jury is selected and sworn in. The prosecution open first and give all their evidence, then the defence do the same. Each side can challenge the other's evidence through cross-examination. The prosecution then makes a closing speech, followed by the defence. The judge then sums up the whole case for the jury and they retire to discuss their verdict. Once they've reached a decision on which they all agree (or, after a certain period of deliberation, one on which at least ten jurors agree), they return and give their verdict. If it's an acquittal, the defendant is discharged. But if it's a conviction, the judge passes sentence, either straight away or after an adjournment to consider pre-sentence and/or other reports.



The Youth Court deals only with defendants aged under 18 because they are subject to different rules to adults. Offences which would be either-way for adults are normally only tried in the youth court, but there are a few cases (classified as "grave crimes") that are sent to a Crown Court.

Sentences for youths are more varied than those for adults, and parents of youths can also be made the subject of court orders to prevent re-offending.



The sentencing tribunal has to take account of both the facts of the offence and the circumstances of the offender in deciding what sentence to impose.

Crown Court judges have greater sentencing powers than magistrates, who can impose a maximum penalty of six months' imprisonment or a fine of up to £5,000.

There are four levels of sentence available to the courts, depending on the seriousness of the offence. These are discharges, fines, community sentences and imprisonment. Fines are the most commonly used sentence. Imprisonment is the most severe penalty available to the courts and is generally only available for the more serious offences, each of which has a maximum prison term usually specified by its relevant Act of Parliament. There are also mandatory minimum sentences for some serious repeat offenders.



Challenging a magistrates' decision

A person convicted by a magistrates' court following a plea of not guilty may appeal on notice to the Crown Court against his conviction and/or his sentence. There is also a right of appeal against sentence only. Such a Notice of Appeal must be given in writing to the clerk of the relevant magistrates' court and to the prosecutor within 21 days from the date of sentence being passed or the appellant being otherwise dealt with by the magistrates (even if that is after the date of conviction and he is appealing only against conviction).

In addition to this general right of appeal, magistrates' decisions can be challenged by an appeal to the Divisional Court of the Queen's Bench Division at the High Court either by way of case stated or for Judicial Review.

Challenging a Crown Court's decision

Appeals against conviction on indictment and against sentence passed following conviction on indictment are heard by the Court of Appeal (Criminal Division). Application is made by the submission of a written Notice of Appeal within 28 days of the decision being appealed against.

A defendant convicted on indictment may appeal as of right if the Crown Court has granted a certificate that his case is fit for appeal on a ground of fact; in all other cases, he requires the leave of the Court of Appeal.

An appeal to the Court of Appeal against conviction is confined to the question "does the court think the conviction is unsafe?" Normally, they will be concerned with whether there has been a wrong decision by the judge of any question of law or if there has been a "material irregularity" in the course of the trial.

An appeal to the Court of Appeal against sentence will be based on the grounds that the sentence is wrong in law, wrong in principle, or is manifestly excessive.

Term	Description
Summary offence	A criminal offence which is triable only by a Magistrates Court.
Indictable offence	A criminal offence triable only by the Crown Court. The different types of offence are classified 1, 2, 3 or 4. Murder is a class 1 offence.
Triable either-way offences	An offence for which the accused may elect the case to be dealt with either summarily by the magistrates or by committal to the Crown Court to be tried by jury.
The Indictment	The official document containing the allegation against the accused.