The Crown Court

The Crown Court’s jurisdiction includes both civil and criminal elements, and is exercisable both at first instance and on appeal.

The Crown Court’s civil jurisdiction at first instance does not include either contract or tort.

The Crown Court’s criminal jurisdiction at first instance covers those cases which have been transferred from the magistrates’ courts and is exercised by trying those defendants who plead not guilty and sentencing those who plead guilty. It also includes dealing with people whom the magistrates have committed for sentence. A Crown Court trial is conducted by a judge and a jury, while sentencing on a guilty plea is done by a judge sitting with magistrates.

The Crown Court’s appellate jurisdiction in both civil and criminal cases consists almost entirely of hearing appeals against decisions of the magistrates; and therefore, once again, the civil side does not include contracts and tort. In criminal cases, appeals may be against either conviction or sentence. Appeals against conviction are by way of re-hearing, which means that there is a full trial, with the witnesses giving their evidence again, as they did in the magistrates’ court. Appeals against sentence are heard on the basis of the prosecution explaining the facts of the offence and the advocate for the defendant explaining the basis on which it is submitted that the sentence was excessive. Both types of appeal are heard by a judge sitting with magistrates rather than with a jury. The prosecution cannot appeal to the Crown Court against an acquittal by the magistrates.

Judges of the Crown Court are known as circuit judges. Their formal style is His (or Her) Honour Judge Blank, which may be abbreviated in writing to HHJ Blank, or HH Mary Blank. More informally, but very commonly, a circuit judge may be described as Judge Blank. Circuit judges are addressed as Your Honour.