Summary trial vs Crown Court trial

Summary trial (magistrates' court) versus Crown Court trial

Criminal cases in England and Wales are tried either in the magistrates' court (summary trial) or the Crown Court. The venue determines who decides the case, the maximum sentence available, and the procedures that apply throughout.

Side by side

	Summary trial (magistrates' court)	Crown Court trial
Who decides	A bench of two or three lay magistrates advised by a legal adviser, or a single district judge (magistrates' courts)	A judge presides over the law; a jury of twelve decides questions of fact and delivers the verdict
Mode of trial	Summary-only offences must be tried here. Either-way offences may be tried here if the magistrates accept jurisdiction and the defendant does not elect Crown Court trial	Indictable-only offences must be tried here. Either-way offences are sent here if magistrates decline jurisdiction or the defendant elects trial by jury
Sentencing powers	Maximum six months' custody per offence (twelve months for two or more consecutive sentences for specified offences). Maximum fine: unlimited for most offences	Sentencing powers are limited only by the statutory maximum for the offence. Life imprisonment is available for the most serious crimes
Jury	No jury. The magistrates or district judge are both judge of fact and law (with legal adviser assistance for lay magistrates)	A jury of twelve members of the public is empanelled to determine guilt. The jury's verdict must normally be unanimous or, in limited circumstances, by a majority of at least 10:2
Legal representation	Many defendants are unrepresented in the magistrates' court. Duty solicitors are available for first hearings	Most defendants are legally represented. The interests of justice test for legal aid is more readily met for Crown Court proceedings
Appeals	Appeal against conviction or sentence is to the Crown Court (rehearing). Appeal on a point of law is by way of case stated to the High Court	Appeal against conviction or sentence is to the Court of Appeal (Criminal Division) with leave. A further appeal to the Supreme Court is possible on a point of law of general public importance
Cost	Lower cost to the public purse. Proceedings are generally shorter, and there are no jury costs	Significantly higher cost. Judge, jury, barristers, longer hearings, and greater administrative burden
Typical duration	Most summary trials are concluded within a single day. Simple guilty pleas can be sentenced within minutes	Crown Court trials commonly last several days to several weeks. Complex fraud or murder trials may run for months

Which applies

For either-way offences, the defendant has the right to elect Crown Court trial by jury. Magistrates may also send the case to the Crown Court if they consider their sentencing powers insufficient. The choice of venue has significant implications for delay, cost, and the sentencing range available.

Last updated 24 September 2026