What is the difference between a magistrates' court and a Crown Court?

They handle different levels of criminal offence, with different personnel, procedures and sentencing powers.

Magistrates' court. All criminal cases in England and Wales start here, and the large majority — around 90–95% — are also concluded here.

Who decides: usually a bench of three lay magistrates, volunteers without legal qualifications, advised on law by a qualified legal adviser. Alternatively a single District Judge, a professional lawyer, who sits alone and typically handles more complex cases.

No jury.

Sentencing powers are limited — generally up to six months' custody for a single offence (with periods where this has been raised to twelve), and unlimited fines for some offences. A magistrates' court that considers its powers insufficient can commit the case to the Crown Court for sentence.

Crown Court. Handles the most serious cases.

Who decides: a judge rules on law and procedure and passes sentence; a jury of twelve decides the facts — guilty or not guilty. This division is fundamental: the jury decides what happened, the judge decides the law and the penalty.

Full sentencing powers up to the statutory maximum for the offence.

Three categories of offence determine the route:

Summary offences — minor matters such as most motoring offences, tried only in the magistrates' court.

Indictable-only offences — the most serious, including murder, rape and robbery. These start in the magistrates' court purely for administrative purposes and are sent immediately to the Crown Court.

Either-way offences — such as theft, ABH and burglary. These can be heard in either. The magistrates decide whether their powers are adequate, and if they accept jurisdiction, the defendant can still elect trial by jury.

Appeals from magistrates go to the Crown Court; from the Crown Court to the Court of Appeal.

Magistrates' courts also handle some family and licensing matters.