If you are trying to understand which court hears criminal cases in the UK, the first thing to know is that there is no single criminal court system covering every part of the country. The comparison between Magistrates’ Court and Crown Court mainly describes England and Wales. Scotland has a different court structure, while Northern Ireland has its own rules. In England and Wales, almost every criminal case begins in a magistrates’ court, but only some stay there through trial and sentence.
The difference is not simply that one court handles “minor” crime and the other handles “serious” crime. The type of offence, the defendant’s plea, the court’s assessment of seriousness and, for some offences under current rules, the defendant’s choice can all affect where the case is dealt with.
Magistrates’ Court vs Crown Court at a glance
A magistrates’ court is the starting point for criminal proceedings in England and Wales. Cases are heard either by two or three lay magistrates or by a District Judge. There is no jury. Magistrates deal with less serious offences, many first hearings and some more serious cases that can legally be tried in either court.
The Crown Court handles the most serious criminal offences, trials sent from the magistrates’ court, some sentencing hearings and certain appeals. A Crown Court trial is normally overseen by a judge with a jury of 12. The jury decides guilt, while the judge manages the law, procedure and sentence.
Which offences are heard in each court?
Summary-only offences
Summary offences are generally the least serious category. Examples can include many motoring offences, common assault and lower-level criminal damage. They are normally tried in the magistrates’ court, where the magistrates court process deals with cases without a jury.
Either-way offences
Either-way offences can be heard in either court. Theft, some burglary offences and some drug offences fall into this category. If a not-guilty plea is indicated, the magistrates first consider whether the case is suitable to remain with them, taking account of seriousness and whether their sentencing powers would be adequate.
Under the rules currently in force in England and Wales, if the magistrates accept jurisdiction, a defendant who intends to plead not guilty can still elect trial in the Crown Court. The government introduced legislation in 2026 proposing to remove that right, but those reforms were still going through Parliament in August 2026. Anyone dealing with a live case should check current guidance because this area may change.
Indictable-only offences
The most serious offences, including murder and rape, can only be tried in the Crown Court. The case still usually appears first in the magistrates’ court for initial matters before being sent to the Crown Court.
Who decides the verdict?
In a magistrates’ court trial, the magistrates or District Judge decide whether the prosecution has proved the case. Lay magistrates receive training and are supported on legal issues by qualified legal advisers.
In a Crown Court trial, the judge is responsible for legal rulings and the conduct of proceedings, while the jury decides whether the defendant is guilty. That is one of the clearest practical differences between the two courts.
How sentencing powers differ
Magistrates’ courts have more limited custodial sentencing powers than the Crown Court. Current government guidance states that a magistrates’ court can impose up to six months’ imprisonment for a summary offence and up to 12 months for an either-way offence, alongside other penalties such as fines, community sentences and disqualifications where available.
If magistrates believe their powers are insufficient after conviction for an offence that can be sentenced in the Crown Court, they can commit the case there for sentence. The Crown Court has wider sentencing powers, although the maximum always depends on the specific offence.
What happens at the first hearing?
Receiving a magistrates’ court hearing does not mean the whole case will be decided there. At the first hearing, the court may deal with the plea, bail, allocation and other procedural issues before deciding what happens next.
For example, imagine a defendant is charged with an either-way burglary offence and indicates a not-guilty plea. The magistrates may decide the case is suitable for summary trial. Under current rules, the defendant can then choose Crown Court trial instead. If that happens, later hearings and the trial follow Crown Court procedure.
Is Crown Court automatically worse for a defendant?
Not necessarily. Crown Court cases are usually more serious or complex, and the court has greater sentencing powers, but being sent there does not mean guilt has been decided. The prosecution must still prove the case to the required criminal standard.
The practical experience is also different. Crown Court cases may involve more formal procedure, a jury trial and longer preparation. Magistrates’ court proceedings are generally shorter and are decided without a jury, although the consequences can still be significant.
Can a case move from Magistrates’ Court to Crown Court?
Yes. Indictable-only cases are sent to the Crown Court for trial. Either-way cases may also be sent there because the magistrates decline jurisdiction or, under present rules, because the defendant elects jury trial. A person convicted in the magistrates’ court can also be sent to the Crown Court for sentencing where the law allows and greater powers may be required.
The Crown Court also hears certain appeals from magistrates’ courts. The two courts are therefore best understood as connected parts of the criminal court pathway rather than completely separate systems.
Frequently asked questions
Do all criminal cases start in Magistrates’ Court?
In England and Wales, virtually all criminal cases begin in a magistrates’ court. Serious indictable-only offences are then sent to the Crown Court for trial.
Does Magistrates’ Court have a jury?
No. Cases are decided by magistrates or a District Judge. Jury trials take place in the Crown Court.
Can you choose Crown Court instead of Magistrates’ Court?
For an either-way offence, current rules allow a defendant facing trial to elect Crown Court trial if the magistrates have accepted jurisdiction. Proposed 2026 reforms may change this, so current guidance should be checked for live cases.
Which court can give a longer prison sentence?
The Crown Court has wider custodial sentencing powers. Magistrates’ courts have statutory limits, and cases can sometimes be sent to the Crown Court for sentence when greater powers may be needed.
Understanding the route your case may take
The key distinction is function rather than prestige: the magistrates’ court is the gateway for criminal cases and resolves the large majority of them, while the Crown Court deals with the most serious trials, selected either-way cases, some sentencing and appeals. Knowing the offence category and what happens at the first hearing usually gives the clearest indication of which court will ultimately deal with a case. Because criminal procedure can change and individual cases turn on their facts, anyone facing proceedings should use current official guidance and seek legal advice for their situation.