Magistrates' court or Crown Court: types of offence and allocation
Every adult criminal case starts in the magistrates' court. Summary offences stay there, indictable-only offences are sent to the Crown Court, and either-way offences can be tried in either court, depending on plea, the magistrates' allocation decision and the defendant's right to elect jury trial.
Three types of offence
- Summary only: less serious offences such as most driving offences and common assault. Criminal damage (other than arson) of £5,000 or less is tried as if summary only. Shop theft of goods worth £200 or less is summary only, but an adult can elect Crown Court trial (see Theft: the definition, dishonesty and penalties).
- Either way: offences such as theft, fraud, ABH, most burglaries and possession of drugs.
- Indictable only: the most serious offences, such as murder, manslaughter, robbery, rape and s.18 GBH. They are sent straight to the Crown Court (Crime and Disorder Act 1998 s.51).
Allocation of either-way offences
At the first hearing the defendant indicates a plea (Magistrates' Courts Act 1980 s.17A). If they indicate guilty, the magistrates either sentence or commit the case to the Crown Court for sentence if their powers are insufficient. If they indicate not guilty, the court decides whether the case is suitable for summary trial, applying the Sentencing Council's allocation guideline (ss.19 to 20). The defendant can ask whether a custodial sentence would be likely on a guilty plea. If the magistrates accept jurisdiction, the defendant can still elect jury trial in the Crown Court. A defendant convicted after trial in the magistrates' court can still be committed to the Crown Court for sentence.
The practical differences
- Sentencing powers: for a single offence, magistrates can impose up to 6 months' imprisonment for a summary offence and up to 12 months for an either-way offence (Sentencing Act 2020 s.224). The Crown Court can impose up to the statutory maximum.
- Who decides: magistrates or a district judge decide both facts and sentence. In the Crown Court, a jury decides guilt and a judge sentences.
- Speed and cost: magistrates' court cases are usually quicker and less costly; Crown Court cases take longer to reach trial.
- Disclosure: a defence statement is compulsory in the Crown Court and voluntary in the magistrates' court (Criminal Procedure and Investigations Act 1996 ss.5 to 6).
Reforms not yet in force
The Courts and Tribunals Bill passed the House of Commons in October 2026 and is now in the House of Lords. It would remove the right to elect jury trial for either-way offences and allow magistrates' powers to be raised to 18 or 24 months. A proposed judge-only Crown Court "Bench Division" was dropped. None of this is law yet.
In practice
Electing jury trial is a significant tactical decision that should be made with advice, weighing the evidence, the likely sentence and the delay.
Authorities: Magistrates' Courts Act 1980 ss.17A to 25 (including ss.22 and 22A); Crime and Disorder Act 1998 s.51; Sentencing Act 2020 ss.14, 224; Sentencing Council, Allocation definitive guideline; Criminal Procedure and Investigations Act 1996 ss.5 to 6; Courts and Tribunals Bill 2026-27 (not enacted)