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If the police charge you with a criminal offence, they’ll pass information about the case on to the Crown Prosecution Service (CPS). The CPS will prosecute you in court if it believes there is enough evidence to prove that you’re guilty, and if it thinks it is in the public's interest to do so.
The least serious crimes are called ‘summary’ offences, and trials in those cases can only be held in a Magistrates Court. More serious crimes such as murder, manslaughter and robbery are called ‘indictable-only’ offences, and trials in those cases must be held in Crown Court with a judge and jury.
There are some offences that can be tried in either court. These are treated as summary offences unless the magistrate decides that it is more suitable for the Crown Court, or if you want the trial to be held at the Crown Court.
How long will this decision take?
If you are charged with a less serious offence, which would normally just be heard in a magistrates' court, you should know within six months whether you are to be prosecuted.
If charged, you will get a written summons from the court. This will be posted to you or handed to you personally. The summons tells you what offences you have been charged with and gives the day and time that you have to be at court and the address of the court building.
What do I do when at court?
It is advisable to get to Court half an hour before the time you have been given. When you arrive, tell the usher that you are there. Usually they wear a black gown and have a clipboard telling them who they should expect. If you do not have a solicitor, ask to see the 'Duty Solicitor'. You may qualify for free legal advice.
If you want to make good impression in court:
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Dress smartly.
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Keep your hands by your side, not in your pockets.
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Don't chew gum.
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When you are speaking to Magistrates, address them as 'Sir' or 'Madam'.
Also remember to:
Am I entitled to Legal Aid?
Legal Aid refers to help with the cost of legal advice and representation in court. As soon as you receive a summons you should try to sort out legal aid, as it will usually meet the cost of your first interview with a solicitor if nothing else. If you have a job, you may have to make a contribution towards the cost.
Which type of court will I go to?
Youth court
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Age: 17 and under. If you are under 16, a parent, guardian or social worker must attend the court. In the case of 16 or 17 year olds, parents may be ordered to attend.
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Format: Part of the magistrates court, it is made up of at least two magistrates (sometimes known as a Justice of the Peace or JP) trained in youth justice issues.. At least one of the magistrates should be a man, and one a woman.
Magistrates' court
Crown Court
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