Criminal Law
WHY YOU NEED A SOLICITOR TO REPRESENT YOU IN ANY CRIMINAL INVESTIGATION
Being the subject of a police investigation or appearing in court can be a frightening experience as it carries the prospect of a criminal trial, sentence and ultimately a criminal record. In addition, few people are aware of the consequences that can flow merely from being arrested such as restrictions on travel, bail with various conditions, and the likelihood that fingerprint and DNA samples will be taken that will remain on a national database for life. We are fully aware of this daunting experience, in the circumstances our team of solicitors will be available to advise and assist you.
PLEASE NOTE THAT WE CAN REFER YOUR CASE TO A SPECIALIST CRIME AND POLICE STATION SOLICITOR IN YOUR AREA 7 DAYS A WEEK FROM 8AM TO MIDNIGHT.
Magistrates Court
Almost every criminal case starts in the Magistrates court. The less serious offences are handled in the magistrates court. Over 95% of all cases are dealt with in this way. The more serious offences are passed on to the Crown Court, to be dealt with by a judge and jury. Cases are heard either by three lay magistrates or one District Judge. The lay magistrates are local people who volunteer their services. They don't have legal qualifications, but are given legal and procedural advice by qualified clerks. District Judges are legally qualified, paid, full-time professionals and are usually based in the larger cities.
Magistrates deal with three kinds of cases
- Summary offences. These are less serious cases, such as motoring offences and minor assaults, where the defendant is not entitled to trial by jury.
- Either-way offences. These can be dealt with either by the magistrates or before a judge and jury at the Crown Court. Such offences include theft and handling stolen goods. A suspect can insist on their right to trial in the Crown Court. Similarly, magistrates can decide that a case is sufficiently serious that it should be dealt with in the Crown Court - which can impose tougher punishments.
- Indictable-only offences, such as murder, manslaughter, rape and robbery. These must be heard at a Crown Court. If the case is an indictable-only offence, the involvement of the Magistrates' Court is brief. A decision will be made on whether to grant bail and other legal issues, like reporting restrictions, will be considered. The case will then be passed to the Crown Court. If the case is to be dealt with in the Magistrates' Court, the defendant will have to enter a plea.
If the defendant pleads guilty or if they are later found to be guilty, the magistrates can impose a sentence of up to six months imprisonment or a fine of up to £5,000. If the Magistrates feel that their sentencing powers are not sufficient enough then they will transfer the matter to the Crown court for sentencing.
Crown Court
The Crown Court deals with serious crimes. Because of the seriousness of offences tried in the Crown Court, these trials take place with a judge and jury. It is the jury which is made up of ordinary members of the public selected at random that decides if the defendant is guilty. If the defendant is found not guilty, they are discharged and no conviction is recorded against their name. If the defendant is found guilty, the judge decides on an appropriate sentence
Crown court deals with the following types of cases:
- Indictable-only offences such as murder, manslaughter, rape and robbery;
- Either-way offences transferred from the Magistrates' Court;
- Appeals from the Magistrates' Court
- Sentencing decisions transferred from the Magistrates' Court. This can happen if magistrates decide, once they have heard the details of a case, that it warrants a tougher sentence than they are allowed to impose.
CALL US NOW WE CAN REFER YOUR CASE TO A SPECIALIST CRIME AND POLICE STATION SOLICITOR IN YOUR AREA 7 DAYS A WEEK FROM 8AM TO MIDNIGHT