Crown Court in the UK. What it does and how a trial works there.

If you've been charged with a serious crime, or you're curious about how serious criminal cases work in England and Wales, the Crown Court is where it happens. This is where trials for the most serious offences take place. This is where juries sit. This is where real consequences get decided.

Most people never set foot in a Crown Court. When they do, it's usually because something went badly wrong.

Here's what actually goes on in there, and why it matters.

The short version

The Crown Court handles the most serious criminal cases in England and Wales. It tries all indictable-only offences (the worst crimes: murder, rape, robbery, grievous bodily harm). It also handles either-way offences (like theft or assault) when magistrates have decided to send the case up from the magistrates court.

Trials in the Crown Court are heard by a judge and a jury of 12 ordinary citizens. The jury decides guilt or innocence. The judge runs the trial and, if there's a conviction, decides the sentence.

There are about 75 Crown Court locations across England and Wales. The most famous is the Old Bailey, the Central Criminal Court in London.

Sentences handed down at Crown Court are much harsher than those from magistrates courts. That's not just because the crimes are worse. The Crown Court judge has far greater sentencing powers. They can impose unlimited fines and send you to prison for longer than any magistrate can.

At a glance

What cases go to Crown Court

Not all criminal cases go to Crown Court. Most don't. Roughly 95 percent of criminal cases are dealt with by magistrates courts. The Crown Court gets the ones that are too serious or too complex for magistrates to handle.

Indictable-only offences

These are the crimes that must go to Crown Court by law. They are the serious end of the criminal scale. Murder, manslaughter, rape, armed robbery, grievous bodily harm with intent, serious drug trafficking, and fraud involving large sums.

If you're charged with an indictable-only offence, you will go to Crown Court for trial. There is no choice.

Either-way offences sent up

Either-way offences are crimes that can be tried in either magistrates court or Crown Court. The usual examples are theft, assault, affray, handling stolen goods, and common assault causing actual bodily harm.

In these cases, the magistrates hold what's called a "plea before venue" hearing. This is where they decide: is this serious enough for Crown Court, or can we handle it here?

Magistrates have guidance on this. Assault with a weapon is usually "Crown Court territory". Theft of a small sum is usually "magistrates court territory". If it's borderline, they have to think about seriousness, the value of property, whether violence was involved, and whether the defendant has a criminal record.

If magistrates say Crown Court, the case goes up. If you then plead guilty at Crown Court, the judge can hand you back to magistrates to sentence if they think it's not serious enough for Crown Court sentencing powers. If you plead not guilty, the trial goes ahead at Crown Court with a jury.

Appeals from magistrates court

If you were convicted in a magistrates court and you believe the conviction was wrong or the sentence was too harsh, you can appeal to the Crown Court. The Crown Court will hear the case afresh (it's called "trial de novo" technically, but really it's a new trial). A judge, not a jury, will decide it.

The Crown Court can also hear applications for judicial review of magistrates court decisions on points of law.

The structure of the Crown Court

The Crown Court is one court with one unified system, but it sits in different locations, and different judges hear different cases based on seniority.

Judges in the Crown Court

There are several types of judge who can sit in Crown Court.

Circuit Judges are the workhorse of the Crown Court. There are about 700 of them. They are full-time, salaried judges appointed from barristers or solicitor-advocates with at least 7 years' rights of audience. Circuit Judges hear the bulk of indictable cases (serious burglaries, robbery, serious assault, drugs, manslaughter).

High Court Judges hear the most serious cases: murder, rape, complex fraud, terrorism. There are about 90 of them. The most senior of these judges also sit in the Court of Appeal.

Recorders are part-time judges. They are barristers or solicitor-advocates with significant courtroom experience who sit in the Crown Court for a few weeks a year, usually hearing less serious indictable cases or either-way cases sent up from magistrates.

There's also the Senior Presiding Judge and senior Circuit Judges who manage the court system and make sure cases are allocated efficiently across the 77 Crown Court centres.

In cases of extreme seriousness or public interest (mass disasters, terrorism, high-profile murders), the Lord Chief Justice or a very senior judge might be assigned.

Where they sit

The Crown Court circuit system divides England and Wales into regions. The Central Criminal Court (the Old Bailey) sits permanently in London. Other locations like Leeds, Manchester, Bristol, and Cardiff are regional hubs where judges travel on circuit several times a year.

Some locations are larger and hear more cases. Some are smaller and might only hear cases a few times a year.

Juries in Crown Court trials

The jury is the absolute centrepiece of a Crown Court trial. Not judges deciding guilt. Not prosecutors deciding guilt. Twelve ordinary members of the public, most of whom don't want to be there, deciding whether you are guilty beyond reasonable doubt.

How a jury is selected

When a trial is listed at Crown Court, the court summons about 60 to 100 potential jurors to the courthouse. They come from the local area. They fill out a form telling the court about themselves: their occupation, any criminal record (if it's unspent), any hardship that would make serving impossible.

Both the prosecution and the defence then ask questions. Lawyers can challenge potential jurors "for cause" (if they admit bias) or use a fixed number of "peremptory challenges" (objections without needing a reason).

The process is called voir dire. It's designed to seat a jury that is impartial and capable of trying the case fairly.

What the jury does

The jury's job is simple in theory, hard in practice: listen to the evidence presented by both sides and decide if the prosecution has proved the defendant guilty beyond reasonable doubt.

That's it. They do not decide what the sentence should be. They do not rule on questions of law. Those are the judge's jobs. The jury's job is guilt or innocence.

If the verdict is not guilty (acquitted), the defendant is free to go. The Crown cannot appeal a not guilty verdict in English law.

If the verdict is guilty, the judge then sentences you.

The verdict

A jury verdict in a criminal trial must be unanimous. All 12 jurors must agree. If they can't agree after a reasonable time (usually at least two hours), the judge can accept a majority verdict of 10-2 or 11-1. But if even 10 of the 12 won't convict, the defendant is acquitted.

Juries don't have to give reasons for their verdict. They just deliver "guilty" or "not guilty". They are not allowed to be questioned afterwards about how they reached their decision. This is called "jury secrecy".

How a Crown Court trial actually works

A typical Crown Court trial follows a set structure. It's formal, ritualistic even, but it's also designed to be fair.

Before trial: the preliminary stages

Before the actual trial date, there are several hearings. The defendant is first arraigned (asked to plead guilty or not guilty in front of a judge). Dates are set. Both sides exchange evidence. The defence gets copies of police statements, witness statements, physical evidence, expert reports, everything the prosecution has. This is called disclosure.

If the defence wants to call expert evidence of their own, they have to tell the prosecution and the court in advance. Same with any character witnesses they want to bring.

By the time the trial actually starts, both sides know what the other side is going to say.

Arraignment and plea

On the trial date, the jury is sworn in. The defendant is formally asked: do you plead guilty or not guilty?

If guilty, the trial is over. The judge moves straight to sentencing (though the defence might present mitigation: reasons why the sentence should be lower).

If not guilty, the trial begins.

The prosecution case

The prosecution (usually CPS, represented by a barrister) opens the case to the jury. The barrister explains what the case is about, what they will prove, and what the law says.

Then witnesses give evidence. Each prosecution witness is examined by the prosecution barrister (questioned by their own side, called examination in chief). Then the defence barrister cross-examines them (challenges their evidence).

The prosecution is obliged to present evidence fairly. If they have evidence that helps the defence, they must disclose it. They are not trying to win by any means necessary. They are trying to prove guilt beyond reasonable doubt. If they can't, they must not push for a conviction.

The defence case

When the prosecution has finished, the defence opens their case. The defence does not have to prove anything. The burden of proof is on the prosecution: the defendant is innocent until proved guilty.

Many defendants choose not to give evidence (they have the right to silence). But if the defence wants to give evidence, the defendant can take the stand. If the defendant does, they will be cross-examined by the prosecution.

The defence then calls any witnesses who support their case. Witnesses are examined by the defence and cross-examined by the prosecution.

The prosecution can also call evidence to rebut (challenge) the defence case.

Closing speeches

When all the evidence is in, both barristers give closing speeches to the jury. The prosecution goes first, then the defence, then the prosecution gets a final reply.

These speeches are the barristers' chance to sum up the evidence and tell the jury what they should make of it. They remind the jury of the law, the burden of proof, and what the prosecution must prove.

The judge's summing up

After the closing speeches, the judge sums up the case to the jury. This is a neutral summary. The judge explains the law, explains the burden of proof, reminds the jury of the key evidence, and sets out the issues they have to decide.

The judge should be scrupulously impartial. If a judge makes clear they think the defendant is guilty (or innocent), the jury may be prejudiced, and the conviction can be appealed.

The jury retires

The jury is then sent to the jury room. They are given a written copy of the judge's directions on the law. They discuss the case. They vote. They try to reach a verdict.

If they cannot reach a unanimous verdict after a reasonable time, the judge will accept a 10-2 or 11-1 majority verdict.

If they cannot reach any majority, the judge will declare a mistrial (hung jury). The case can then be retried with a new jury.

Verdict and sentence

When the jury returns with a verdict, it is delivered in open court. If not guilty, the defendant is discharged and free to go.

If guilty, the judge moves to sentencing.

The judge will hear from the prosecution about the seriousness of the crime and any aggravating factors (e.g. violence, breach of trust, multiple victims). The defence will then present a mitigation plea: reasons why the sentence should be lower (e.g. guilty plea, remorse, good character, medical issues, early guilty plea).

The judge then imposes sentence. This could be a prison sentence, a suspended sentence (prison but not served immediately), a fine, community work, or some combination.

Sentencing at Crown Court

This is where the Crown Court's power becomes real.

Magistrates courts are limited. They can sentence up to 6 months' prison for a single offence, or 12 months for multiple offences. They can fine up to £5,000 for summary offences.

Crown Court judges have no such limits. For most offences, the judge can sentence up to the maximum set by law (e.g. 14 years for assault with intent to cause grievous bodily harm, 15 years for robbery, life for murder).

For an unlimited fine, there is no cap. A judge can fine a company hundreds of millions of pounds.

Crown Court judges also have access to longer sentences. They can impose extended sentences (time in prison plus a licence period after release) and preventative orders like Sexual Harm Prevention Orders.

When the judge sentences, they must give reasons. They must explain what the crime was, how serious it was, what the legal maximum is, and why they chose the sentence they did. This is part of open justice: the public (and appeals courts) can see how judges are deciding cases.

Appeals from Crown Court

If you are convicted at Crown Court and you believe the conviction is unsafe or the sentence is wrong, you can appeal to the Court of Appeal Criminal Division.

An appeal on conviction can argue that the evidence did not support guilt, that the judge misdirected the jury on the law, that the judge made a procedural error, or that a witness gave perjured evidence.

An appeal on sentence can argue that the judge imposed a sentence that was outside the legal range, that they misunderstood the law, or that they did not take account of mitigating factors.

The Court of Appeal can uphold the conviction, allow the appeal and quash it, or order a retrial. On sentencing appeals, they can confirm, reduce, or (very rarely) increase the sentence.

Day to day

What does a Crown Court trial actually feel like if you are there?

A typical trial day starts early. Court sits from 10 AM (or sometimes 9:30 AM). Lawyers and court staff arrive early to prepare. The defendant sits in the dock (a secure area usually in the middle or corner of the courtroom). They are usually free to sit, though serious cases might have security present.

The jury sits in the jury box, 12 people from different walks of life who mostly look uncomfortable and would rather be anywhere else.

The judge sits on the bench, wearing a robe and wig (still the formal dress in criminal courts, though judges in civil courts can now choose not to wear it).

Witnesses sit in a witness box. They give evidence, usually standing, sometimes sitting for longer testimony.

The barristers stand to speak. They have papers, bundles of documents, marks on which page the judge should look at.

There are court staff: the clerk who records the evidence, the usher who looks after the jury and witnesses, security.

A trial day is long. There are breaks. There are legal arguments that happen in the absence of the jury (called "legal submissions"). There are adjournments when a witness hasn't shown up or a document needs to be found.

If the case is straightforward, it might be over in a day. Complex fraud cases can take months. A murder trial might be 2 to 3 weeks.

Common misconceptions

"Crown Courts only do serious crimes." True, but "serious" is a spectrum. A Crown Court tries murder and rape, yes, but also mid-range burglary and drug dealing. The distinction from magistrates court is that the crime is indictable (in law it belongs to Crown Court) or either-way and serious enough that magistrates have sent it up.

"The judge decides if you're guilty." No. In trials (with a jury), the jury decides guilt. The judge runs the trial and sentences. In rare cases (summary trials with a judge only), the judge decides guilt, but those are different proceedings.

"Judges always agree with the prosecution." Not true. Judges are impartial. If the prosecution hasn't proved the case beyond reasonable doubt, the judge will direct the jury that there is no case to answer and they must acquit. This happens regularly.

"You can be retried after acquittal." Not in England and Wales. Once acquitted, you are free. The Crown cannot appeal a not guilty verdict. This is the rule of double jeopardy. (There is a rare exception for certain serious offences if new evidence of guilt comes to light, but it's very narrow and requires special permission.)

"Everyone at Crown Court is guilty." The jury sits to determine that question. Innocent people are tried at Crown Court, and many are acquitted.

Related concepts

If you found this page useful, these connected terms come up often in the same conversations:

• Either-way offence. An offence that can be tried in magistrates court or Crown Court.
• Indictable-only offence. A crime so serious it must go to Crown Court.
• Voir dire. The process of selecting a jury by questioning potential jurors.
• Examination in chief. A barrister questioning their own witness.
• Cross-examination. A barrister questioning the opposing side's witness.
• Mitigation. Arguments presented at sentencing for why a sentence should be lower.
• Jury secrecy. Jurors cannot be questioned about how they reached their verdict.
• Discharge. A sentence that means no penalty (absolute discharge) or a conditional discharge (no penalty now, but a crime recorded if you offend again within a time limit).
• Guilty plea discount. A sentence reduction given when a defendant pleads guilty, usually 10 to 33 percent off.
• Sentencing guidelines. Published guidance judges use to set appropriate sentences.

Sources

The information on this page is based on:

• UK Judiciary. Official information on courts and judges: https://www.judiciary.uk/
• Ministry of Justice, Criminal Courts: https://www.gov.uk/courts-tribunals/crown-court
• Crown Prosecution Service: https://www.cps.gov.uk/
• HM Courts and Tribunals Service: https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service
• Crown Court Rules and procedure guides published by the senior judiciary

This page was reviewed for accuracy on 2026-05-27. Court procedures and sentencing law change occasionally. Check the Judiciary website and the CPS website for the most current information.

A note on what this page is and isn't

This is information, not legal advice. It describes how Crown Court trials work in England and Wales, not what you should do in your particular situation. If you are charged with a crime, talk to a solicitor or barrister about your specific case.

CaseCalm helps people understand UK court procedures and prepare their own case documents. We are not a law firm and we are not authorised by the Solicitors Regulation Authority. When your situation needs real legal advice about your specific case, we point you to qualified professionals.

Written by Peter Kolomiets. Reviewed for accuracy 2026-05-27. Comments or corrections to peter@casecalm.com.