The Criminal Justice System

If someone is charged with a criminal offence, that person will most likely go to a court to answer that charge.

A person accused of a crime is called a ‘defendant’. The authority responsible for prosecuting the case in court is called the ‘prosecutor’. In most cases that will be the Crown Prosecution Service (CPS).

There are three types of criminal court in the UK:

• Magistrates’ courts – in Gloucestershire this is located in Cheltenham
• The Crown Court – in Gloucestershire this is located in Gloucester City Centre
• Youth court – this is usually hosted in the magistrates court
• Gloucestershire also have a ‘Nightingale Court’, which was stood up during Covid to support with backlogs. This is in Cirencester.

All criminal cases start in the magistrates’ court. Magistrates typically hear cases in groups of 3, Magistrates are volunteers who hear cases in courts in their community, they do not usually have legal training, therefore they are supported by Legal Advisors who sit in court. A magistrates’ court normally handles cases known as ‘summary offences’, for example:

• most motoring offences
• minor criminal damage
• common assault (not causing significant injury)

It can also deal with some of the more serious offences, such as burglary and drugs offences. These are called ‘either way’ offences and can be heard in either a magistrates’ court or a Crown Court.

If a case is more, serious it will then be heard in Crown Court where a Jury will deliberate and a Judge will preside over the case.

Magistrates’ courts always pass the most serious crimes to the Crown Court, for example:

• murder
• rape
• robbery

These are known as ‘indictable offences’.

A Crown Court normally has a jury which decides if the defendant is guilty or not, and a judge who decides on the sentence.

Find out more about what to expect coming to a court or tribunal.

Cases can also be resolved out of court.

Out of Court Resolutions, previously known as Out of Court Disposals (“OOCDs”), are a way of concluding criminal investigations without proceeding to a formal court prosecution. They are given to offenders to enable the police to deal proportionately with mainly, but not exclusively, low-level, often first-time offending

An offender has to admit they are guilty of an offence to be issued with an out of court disposal and be eligible in terms of previous recorded offending. Find out more about Out of Course Disposals.

HMCTS (His Majesty’s Courts and Tribunals Service) have produced two animated video guides to support children attending court in a pre-recorded cross-examination hearing and help them give their best evidence. You can watch the video guides on the HMCTS YouTube channel (Welsh language versions are also available).