If you have been accused or charged with a sexual offence in the UK, one of the first questions you may have is which court your case will be heard in.
Many people are unsure about the difference between the Magistrates’ Court and the Crown Court, and what it means if a case is sent to one rather than the other.
In sexual offence cases, the court process can feel particularly daunting. Understanding how cases are allocated between courts can help you know what to expect and why specialist legal representation is essential from the outset.
This guide explains:
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The difference between the Magistrates’ Court and the Crown Court
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Which sexual offences are heard in each court
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What happens before a case goes to trial
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Why early advice from a specialist sexual offence defence solicitor is important
What Is the Difference Between the Magistrates’ Court and the Crown Court?
Criminal cases in England and Wales are generally dealt with in two types of courts: the Magistrates’ Court and the Crown Court.
The court your case is heard in depends largely on the seriousness of the alleged offence and the complexity of the case as a whole.
Magistrates’ Court
The Magistrates’ Court deals with less serious criminal offences however, it is the first court all defendants appear before when charged with a criminal offence.
Key features of the Magistrates’ Court include:
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Cases are heard by magistrates or a District Judge
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There is no jury
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Sentencing powers are limited (usually up to 12 months’ imprisonment for a single offence)
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Many cases are resolved quickly
Even in serious criminal matters, defendants often attend the Magistrates’ Court first for an initial hearing before the case is sent to another court.
Crown Court
The Crown Court deals with more serious criminal offences, including most sexual offences.
Key features of the Crown Court include:
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Cases are heard by a judge and a jury
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A jury of 12 members of the public decides the verdict
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The court has greater sentencing powers
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Trials are usually longer and more complex
Because sexual offence cases often involve serious allegations and significant sentencing powers, many of them must be tried in the Crown Court.
It is a generally known fact that conviction rates in the Crown Court are lower than those in the Magistrates Court, particularly for offences such as sexual assault, and indecent images.
Which Sexual Offences Go to the Crown Court?
Most serious sexual offences are classified as “indictable only” offences. This means they must be tried in the Crown Court.
Although the case may start in the Magistrates’ Court for procedural reasons, it will automatically be sent to the Crown Court for trial or sentence, depending on a defendant’s plea.
Examples of indictable-only sexual offences include:
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Rape
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Assault by penetration
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Sexual activity with a child
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Causing or inciting a child to engage in sexual activity
These offences carry significant potential sentences, which is why they fall within the jurisdiction of the Crown Court.
For example, allegations of rape carry a maximum sentence of life imprisonment, meaning they cannot be dealt with by magistrates.
Are Any Sexual Offences Heard in the Magistrates’ Court?
Some sexual offences are classified as “either-way offences.”
This means they can be heard in either the Magistrates’ Court or the Crown Court, depending on the circumstances of the case.
Examples may include:
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Certain allegations of sexual assault
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Exposure offences
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Some communications offences with a sexual element
When a case is an either-way offence, the Magistrates’ Court will hold an allocation hearing to decide whether the case is suitable for them to deal with.
They will consider factors such as:
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The seriousness of the allegation
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The circumstances of the case
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The sentencing powers required
If magistrates believe the case is too serious, it will be sent to the Crown Court.
In some situations, a defendant also has the right to choose trial in the Crown Court, particularly where they wish to have their case heard before a jury.
What Happens Before My Case Goes to the Crown Court?
Even if your case will ultimately be heard in the Crown Court, the process usually begins in the Magistrates’ Court.
The early stages typically involve the following steps.
1. First Appearance at the Magistrates’ Court
Your first court hearing usually takes place shortly after you have been charged by the police. All cases first appear before the Magistrates Court for their preliminary hearing.
At this stage the court will:
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Confirm the charge
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Address bail or custody issues
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Decide how the case should proceed
For indictable-only sexual offences, the magistrates will send the case directly to the Crown Court.
2. Allocation Hearing (for Either-Way Offences)
If the offence could be heard in either court, magistrates will decide whether:
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The case is suitable for them to deal with, or
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It should be sent to the Crown Court.
When making this decision the court will consider the seriousness of the allegations, and the complexity of the case i.e. are there any scientific or technical evidence disputes which would be better placed before a Crown Court Judge.
3. Sending for Trial
Serious sexual offences are formally sent to the Crown Court for trial.
Once this happens, the case moves into the Crown Court system and preparation for trial begins. A trial is unlikely to take place quickly, particularly where a defendant is on bail. If a defendant is remanded into custody they are subject to what is known as Custody Time Limits, this means their trial must be heard within 182 days. An extension of this time can be authorised by the court only in exceptional circumstances.
4. Plea and Trial Preparation Hearing (PTPH)
The first Crown Court hearing is known as a Plea and Trial Preparation Hearing.
At this hearing:
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The defendant enters a plea
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The court sets a timetable for the case
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A trial date may be scheduled
Sexual offence trials often involve large volumes of evidence, including digital communications, forensic evidence, and witness statements, so preparation can take time. There are many cases currently awaiting trial, at Eventum Legal we now have cases listed for trial in 2029.
Does the Court Affect My Sentence?
Yes. The court dealing with your case can affect the maximum sentence available.
Magistrates’ Courts have limited sentencing powers, which is why they handle less serious offences. However, a defendant can be tried in the Magistrates Court and sent to the Crown Court for sentence. This can happen where it becomes apparent within the trial, from the presentation of the evidence, that the offending is too serious and any sentence falls outside of the powers of the Magistrates Court.
The Crown Court, however, has significantly broader sentencing powers and deals with the most serious criminal cases. The Crown Court has the same options open to it as the Magistrates Court, so can impose the sentences at the lesser end of the sentencing guidelines for the particular offence which is tried.
It is important to understand that being sent to the Crown Court does not mean you are guilty. It simply reflects the legal classification and seriousness of the alleged offence.
Will There Be a Jury in My Case?
Whether your case is heard by a jury depends on the court.
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Magistrates’ Court: No jury – the magistrates or District Judge decide the outcome.
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Crown Court: A jury of 12 members of the public decides the verdict.
The prosecution must prove the allegation beyond reasonable doubt, and the jury must be sure of guilt before returning a conviction.
Sexual offence trials often involve careful assessment of witness evidence and credibility, which is why experienced defence representation is crucial.
Why Specialist Sexual Offence Defence Matters
Sexual offence allegations are among the most serious cases heard in the criminal courts.
Sexual offence cases often involve:
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Complex legal issues
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Digital evidence such as text messages, social media and imagery
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Sensitive witness testimony
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Strict rules around questioning complainants
In addition to potential criminal penalties, defendants may face serious personal and professional consequences, including damage to reputation, employment concerns, and registration requirements if convicted.
For these reasons, anyone facing allegations of this nature should seek advice from a solicitor experienced in defending sexual offence cases as early as possible.
Early legal advice can help ensure that:
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Your rights are protected from the outset
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Evidence is properly examined
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Your defence strategy is carefully prepared
Frequently Asked Questions
Do all rape cases go to the Crown Court?
Yes. Allegations of rape are indictable-only offences and must be tried in the Crown Court before a judge and jury.
Can I choose to have my case heard in the Crown Court?
For certain either-way offences, defendants may have the right to elect trial in the Crown Court. Your solicitor can advise you on the best course of action based on the circumstances of your case.
How long does it take for a sexual offence case to reach trial?
Sexual offence cases can take many months to reach trial and even years depending on the court and their availability to hear cases.
Will my case be public?
Most criminal trials are heard in public courts. However, there are strict reporting rules in sexual offence cases designed to protect the complainant’s anonymity. The same anonymity rules do not apply to the defendant, and it is often a concern to many accused that their case will be made public. Although we can never guarantee that it won’t, we do aim to reassure clients throughout their case and it is important to note, very few sexual offence cases to enter the press compared to the large volume of them which pass through the court every day.
Speak to a Specialist Sexual Offence Defence Solicitor
If you have been accused or charged with a sexual offence, understanding the court process is only one part of protecting your position.
Early advice from a lawyer experienced in defending sexual offence cases can make a significant difference to how your case progresses.
A specialist defence lawyer can explain the process, advise you on your rights, and ensure your case is prepared thoroughly for court.
If you are facing allegations and are unsure what will happen next, seeking legal advice as soon as possible is essential.
Contact our team today, for a free and strictly confidential discussion regarding your case.