UK CRIMINAL DEFENCE LAWYER : SPECIALIST ADVICE

The lowest ranking criminal court, where all prosecutions start, is the Magistrates Court which is only allowed to deal with relatively minor offences with more serious cases being transferred to the Crown Court. The decision on which cases are transferred to the Crown Court depends on the type of offence, the potential maximum sentence and the will of either the magistrates or the defendant. In some cases the defendant has a right to transfer the case to the Crown Court for jury trial and in other minor cases there is no such right. A UK criminal defence lawyer may decide that it is in his clients best interests to transfer to the Crown Court for a jury trial. Some cases can only be heard in the Magistrates Court whereas in other cases the magistrate has no option but to transfer the case to the Crown Court.

The Magistrates' Courts deal with 95% of cases to completion with a UK criminal defence lawyer usually representing the accused. Cases are heard by either a full time professional District Judge who is usually a qualified solicitor or barrister or by a panel of three lay magistrates who undergo training supervised by the Judicial Studies Board. Qualified legal clerks sit in court with the lay magistrates to advise them on law. Magistrates sentencing powers are restricted to a maximum of 6 months (or 12 months for consecutive sentences) imprisonment or fines not exceeding £5,000. In cases that can be tried either in the Magistrates' Court or the Crown Court the magistrates may refer the offender to the Crown Court for sentencing if their sentencing powers are deemed inadequate.

The Crown Court is part of the Supreme Court of Judicature and deals with serious offences that may be tried before a judge and jury including murder, rape, serious assault, kidnapping, conspiracy, fraud, armed robbery, and Official Secrets Act offences. A UK criminal defence lawyer can only prepare these cases for hearing before the Crown Court as these offences cannot, by law, under any circumstances, be tried at the Magistrates' Court. The Crown Court also deals with appeals and referrals from Magistrates' courts. Trials in the Crown Court may be heard by a Judge and a 12 person jury consisting of members of the public who are randomly selected for jury service.

The Crown Court also hears appeals against conviction and sentence by the Magistrates Court at which time the Judge re-hears all the evidence that witnesses have already given in the lower court in the absence of a jury. In these cases the judge makes his decision after consultation with between two and four lay magistrates who sit with him. The Crown Court also hears cases appealed from the Magistrates Courts on factual points whereas the Queen’s Bench Division of the High Court hears cases appealed on points of law. Appeals against conviction and sentence are referred to the Criminal Division of the Court of Appeal.

If you are being investigated by the police or have been charged with an offence you will need the help of an expert lawyer to ensure fair treatment. If you would like to talk to an experienced lawyer with no charge just use the help line. If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged anything at all.

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