Magistrates' Court vs Crown Court: UK Sentencing Powers Explained

Magistrates' court and Crown Court divide criminal cases in England and Wales by seriousness: summary offences stay in the magistrates' court, indictable only offences such as grievous bodily harm with intent go straight to the Crown Court, and either way offences can go to either one, with the magistrates' court's sentencing power for a single either way offence currently capped at twelve months.

This article focuses on England and Wales, where the terms magistrates' court and Crown Court apply directly, then covers Scotland's and Northern Ireland's differently structured equivalents.

The Three Offence Categories

Every criminal offence in England and Wales falls into one of three categories, and the category decides which court can try it.

Summary offences can only be tried in the magistrates' court. Common assault, under section 39 of the Criminal Justice Act 1988, is an example.

Indictable only offences can only be tried at the Crown Court, before a judge and jury. Murder, rape, and grievous bodily harm with intent under section 18 of the Offences Against the Person Act 1861 fall into this category.

Either way offences can be tried in either court. Actual bodily harm and unlawful wounding under sections 47 and 20 of the 1861 Act, and criminal damage above the £5,000 mode of trial threshold set by section 22 of the Magistrates' Courts Act 1980 (simple arson and damage to a memorial stay either way whatever the value; arson or damage endangering life can only be tried in the Crown Court), are either way offences. Which court actually hears an either way case depends on an allocation decision, described next.

How an Either Way Case Is Allocated

When someone is charged with an either way offence, the magistrates' court first decides whether it is willing to accept jurisdiction, based on whether its own sentencing powers would be sufficient if the defendant is convicted. If the magistrates consider the offence too serious for their sentencing powers, they decline jurisdiction and send the case to the Crown Court. Even after convicting an adult of an either way offence, the magistrates can commit them to the Crown Court for sentence if they decide their own powers are not enough, under section 14 of the Sentencing Act 2020. Even where the magistrates are willing to keep the case, the defendant can still elect trial at the Crown Court instead.

Once a case reaches the Crown Court, whether by election or by the magistrates sending it up, the Crown Court judge is not limited to the magistrates' sentencing powers. The judge can impose up to the full statutory maximum for the offence, for example the five year maximum for ABH in England and Wales described in Common Assault, ABH and GBH.

Magistrates' Sentencing Powers: The Twelve Month Limit, and Why It Keeps Moving

The general limit on how much prison time a magistrates' court can impose for a single either way offence is set by section 224 of the Sentencing Act 2020. Its current text sets the limit at six months for a summary offence, and twelve months for an offence triable either way.

That twelve month figure is not a fixed, settled rule; it is set by secondary legislation under a delegated power in the Act, and it has changed repeatedly in the last few years:

The current, live text of section 224 confirms twelve months is the figure in force as of this page's last check. Because this limit can be changed again by statutory instrument alone, without a new Act of Parliament, readers relying on this page for a live case should confirm the current figure rather than assume it is fixed. Summary offences are not affected by these changes and remain capped at six months throughout.

Sentencing Guidelines: How the Two Courts Use Them

Both the magistrates' court and the Crown Court apply the same Sentencing Council guidelines when an offence has one; the difference is which court is actually handling the case, and how much of the statutory range each court can reach. A magistrates' court sentencing someone for ABH, for instance, is working within its own twelve month ceiling even though the ABH guideline's own top range reaches up to four years, a range only the Crown Court can fully use. For a full worked example of how culpability and harm combine to produce a sentence, and how the guideline ranges compare with the statutory maximum, see Common Assault, ABH and GBH.

These guidelines are issued by the Sentencing Council for England and Wales and do not apply in Scotland or Northern Ireland.

Scotland: Justice of the Peace Courts, Sheriff Courts and the High Court

Scotland does not use the terms magistrates' court or Crown Court. Its lay tier courts, which replaced the former district courts, are Justice of the Peace courts. Under summary procedure, less serious cases are heard in a Justice of the Peace court or a sheriff court. Under solemn procedure, with a judge and jury, more serious cases go to the sheriff court or, for the most serious offences, the High Court of Justiciary. For common law crimes, a Justice of the Peace court can impose up to 60 days, a sheriff court up to 12 months under summary procedure and up to five years under solemn procedure, while the High Court is limited only by the maximum for the offence.

Northern Ireland: Its Own Magistrates' Court and Crown Court

Northern Ireland uses the same names, magistrates' court and Crown Court, but under its own separate statutes, including the Magistrates' Courts (Northern Ireland) Order 1981. In Northern Ireland, an adult charged with an indictable offence listed in Schedule 2 to the Magistrates' Courts (Northern Ireland) Order 1981 can be tried summarily only if both the prosecution and the accused consent, and the magistrate can then impose up to twelve months (Article 46(4)); other offences carry the summary maximum set by the law that creates them, so do not assume the England and Wales figures apply.

Getting Help Before a Court Date

Anyone questioned or charged at a police station is entitled to a free duty solicitor, regardless of which court the case is eventually heard in, and criminal legal aid may cover representation at court afterwards; see legal aid eligibility. In Scotland, the Scottish Legal Aid Board administers equivalent support, and in Northern Ireland the Legal Services Agency does. For what happens between arrest and a charging decision, see being arrested and police caution. Crown Court trials are heard before a jury; for how jury service works, see jury service and, for Scotland, jury service in Scotland. For the full offence catalogue and related guides, see the UK Criminal Law hub.

Frequently Asked Questions

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

The magistrates' court tries summary offences and either way offences the magistrates accept, without a jury, and its sentencing powers are capped. The Crown Court tries indictable only offences and either way offences sent up or elected by the defendant, before a judge and jury, and can impose the full statutory maximum for the offence.

What is the maximum sentence a magistrates' court can give for one either way offence?

Twelve months, under section 224 of the Sentencing Act 2020, as the figure currently stands. This limit is set by secondary legislation and has changed three times since 2022, so it is worth checking the current figure before relying on it for a specific case.

Can I choose to have my case heard at the Crown Court instead of the magistrates' court?

For an either way offence, yes. A defendant can elect trial at the Crown Court even where the magistrates' court is willing to accept the case.

Do Scotland and Northern Ireland have a magistrates' court and a Crown Court?

Northern Ireland does, under its own separate statutes. Scotland does not use either name; it runs Justice of the Peace courts, sheriff courts under summary or solemn procedure, and the High Court of Justiciary for the most serious cases.

Why would a magistrates' court send an either way case to the Crown Court instead of dealing with it?

If the magistrates decide the offence is too serious for their own sentencing powers, they decline jurisdiction and send the case up, so the Crown Court judge can impose a sentence beyond what the magistrates' court could give. Even after convicting an adult of an either way offence, the magistrates can commit them to the Crown Court for sentence if they decide their own powers are not enough, under section 14 of the Sentencing Act 2020.