Anaya Nolan
The court in which a criminal case is heard depends on the jurisdiction. In the United States, criminal cases are heard in federal courts, which are courts of limited jurisdiction, meaning they can only hear cases authorized by the United States Constitution or federal statutes. In the UK, criminal cases are heard in different courts depending on the type of crime and the level of sentencing. These include magistrates' courts, Crown Courts, and youth courts. For adults, criminal cases always begin in magistrates' courts, but some cases are referred to the Crown Court due to their seriousness.
| Characteristics | Values |
|---|---|
| Court types | Magistrates' court, Crown Court, youth court |
| Court types (US) | Federal district court, circuit court, Supreme Court |
| Who initiates a criminal case | The government, usually through the U.S. attorney's office |
| Where criminal cases begin (UK) | Magistrates' courts |
| Where criminal cases begin (US) | Federal district court |
| Who decides where cases should be heard (UK) | Magistrates |
| Who decides where cases should be heard (US) | Plaintiff |
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What You'll Learn
Criminal cases heard in magistrates' courts
All criminal cases for adults in the UK begin in magistrates' courts. These courts are presided over by magistrates, who are trained, volunteer members of the local community. They hear criminal, family, and youth cases, as well as some civil proceedings.
Magistrates' courts handle less serious cases, such as low-level motoring offences, disorderly behaviour, TV licence payment evasion, and minor assaults. They also deal with theft, burglary, and drug offences, which can vary in seriousness. The magistrates decide whether a case is serious enough to be heard in the Crown Court, but if they decide it should remain in the magistrates' court, the defendant can choose to have their trial in the Crown Court.
The maximum penalty that can be imposed by a magistrates' court is six months in prison for a single offence. If a case is more serious or complex, it will be referred to the Crown Court, where a district judge will preside.
Magistrates must follow the Council's allocation guidelines when deciding where cases should be heard. They must consider the facts of the case, any legal complexities, and whether their sentencing powers are sufficient to reflect the seriousness of the offence.
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Criminal cases heard in Crown Court
Criminal cases heard in the Crown Court are serious criminal cases, including robbery, rape, and murder. The Crown Court also deals with appeals against conviction and/or sentence in respect of criminal offences dealt with in the Magistrates' court, including orders such as disqualification from driving or Anti-Social Behaviour Orders. There are approximately 80 Crown Courts across England and Wales, including the Central Criminal Court in the City of London, also known as the Old Bailey. The Crown Court sits in over 70 court centres across England and Wales.
Cases in the Crown Court are overseen by Circuit Judges or Recorders or, sometimes, for the most serious cases, High Court Judges. The Judge or Recorder sits with a jury of 12 members of the public, who decide whether the defendant is guilty. The judge is responsible for ensuring that the trial is conducted fairly, resolving any legal issues, giving the jury legal directions, and imposing sentences. If a defendant is found not guilty, they are released, and the government may not appeal. The Constitution prohibits "double jeopardy", meaning a person cannot be tried twice for the same offence.
Crown Court files are selected for permanent preservation to represent the wide variety of cases heard by the courts. The files that are kept tend to record more serious crimes, cases that attracted public interest, or were of legal or historical significance. If you know the Crown Court where the case was heard, you can locate its name in a table and click on the links for case files, which will take you to a catalogue description page for all the case files held for that court.
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Criminal cases heard in federal courts
Federal courts have jurisdiction over criminal cases, which are initiated by the government, usually through the U.S. attorney's office, in coordination with a law enforcement agency. The U.S. Attorney represents the United States in most court proceedings, including all criminal prosecutions. The grand jury reviews evidence presented by the U.S. Attorney and decides whether it is sufficient to require a defendant to stand trial. In a criminal trial, the burden of proof is on the government, which must provide evidence to convince the jury of the defendant's guilt "beyond a reasonable doubt". Defendants do not have to prove their innocence.
At an initial appearance, a judge advises the defendant of the charges filed, considers whether the defendant should be held in jail until the trial, and determines whether there is probable cause to believe that an offense has been committed and that the defendant has committed it. Defendants who cannot afford counsel are advised of their right to a court-appointed attorney. Defendants released into the community before trial may be subject to electronic monitoring or drug testing and may be required to make periodic reports to a pretrial services officer to ensure appearance at trial.
The federal court system in the United States consists of 94 federal judicial districts, with at least one district court in each state, the District of Columbia, and Puerto Rico. Each district court hears both civil and criminal cases. These district courts are further divided into 13 circuits, consisting of 12 regional Courts of Appeals, including the D.C. Circuit. Any case may be appealed to the circuit court once the district court has finalized a decision. Appeals to circuit courts are first heard by a panel of three circuit court judges.
Beyond the Federal Circuit, a few courts have been established to deal with appeals on specific subjects, such as veterans' claims and military matters. The Supreme Court of the United States is the highest court in the federal system and has the power to decide appeals on all cases brought in federal court or state court. Parties who wish to appeal a decision from a U.S. Circuit Court of Appeals or the highest court in a state may petition the U.S. Supreme Court by writ of certiorari to hear their case involving important questions of federal law or the U.S. Constitution.
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Criminal cases heard in circuit courts
Criminal cases are heard in circuit courts in several states in the US, including Hawaii and Tennessee. Circuit courts have general jurisdiction in civil and criminal cases. They also have exclusive jurisdiction in probate, guardianship, and criminal felony cases. In Tennessee, circuit court judges hear civil and criminal cases and appeals from Juvenile, Municipal, and General Sessions Courts.
In districts with separate criminal courts established by the General Assembly, criminal cases are not tried in circuit courts. Similarly, in districts with criminal courts, these courts relieve circuit courts by handling criminal cases and misdemeanor appeals from lower courts.
In Hawaii, jury trials are held in Circuit Courts, which have exclusive jurisdiction in probate, guardianship, and criminal felony cases. The Circuit Courts also share concurrent jurisdiction with District Courts in civil non-jury cases where the amounts in controversy are between $10,000 and $40,000.
Overall, while criminal cases may be heard in circuit courts in some states or districts, this is not always the case, and the specific jurisdiction and court structure can vary depending on the location.
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Criminal cases heard in youth courts
Criminal cases against children aged 10-17 are heard in youth courts. Youth courts are less formal than adult courts, with children being addressed by their first names. The judge or magistrates speak directly to the child and may ask them questions. The youth court is designed to be less intimidating for children, with the public excluded and no jury. Children under 16 must attend with a parent or guardian, while 16 and 17-year-olds may also bring someone to support them.
The youth court will ask the child if they plead guilty or not guilty. In cases of serious crimes, such as murder or rape, the case will start in the youth court but will be passed to a Crown Court. Most cases will remain in the youth court, however. The court can give a range of sentences, and if the defendant disagrees with the verdict, they may be able to appeal.
The U.S. Supreme Court has made several rulings regarding youth crime and the treatment of minors in the justice system. In 1966, the Court ruled that courts must provide due process when transferring juveniles to the adult system. In 1967, it was decided that juveniles facing possible incarceration have the same due process rights as adults, including the right to an attorney. In 1975, the Court ruled that transferring a juvenile to criminal court after adjudication in juvenile court constitutes double jeopardy. In 1977, the Court found that prohibiting the press from publishing the name or photo of a youth involved in a juvenile court proceeding is unconstitutional. In 1979, the Court allowed the press to report on juvenile court proceedings under certain circumstances. In 1982, the Court ruled that the defendant's youthful age should be considered when deciding on the death penalty, and in 1984, it ruled that preventative "pretrial" detention of juveniles is allowable in certain circumstances. In 1988, the Court decided that the death penalty cannot be applied to those who were 16 or younger at the time of the crime. In 2011, the Court ruled that a youth's age must be considered when they are interrogated in custody, and in 2012, it abolished mandatory life sentences without parole for children, deeming them a violation of the Eighth Amendment.
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Frequently asked questions
Criminal cases for adults in the UK begin in magistrates' courts, but some offences can only be tried in the Crown Court, and others can be heard in either court. The Crown Court deals with more serious cases.
In the US, criminal cases are heard in federal or state courts. Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorised by the US Constitution or federal statutes. State courts deal with cases based on state law.
Federal courts are the starting point for cases arising under federal statutes, the Constitution, or treaties. Cases heard in state courts are based on state law.
Yes, sometimes the jurisdiction of state courts overlaps with federal courts, and a case can be brought in either court.
Yes, a case can be removed from a state court to a federal court if all the plaintiffs are located in different states than the defendants, and the "amount in controversy" is more than $75,000.
