Case time?

[nigel1968]

How long dos a case take to go from Magistrates to Crown if entering a not guilty plea?

[New Judge]

Firstly, are you sure it will go to the Crown Court?

If it is an “either-way” offence (that is one which can be dealt with at either venue) the Magistrates have first say over where it is heard. If they believe it is too serious for them it goes to the Crown Court. However, if they decided to retain jurisdiction the defendant has the right to choose a trial by jury. Is it an either-way offence and has this process already occurred?

If so there is usually a period of eight weeks from that decision being made to the matter returning to the Magistrates’ Court for a “Committal Hearing” when, providing everything is in order, it will be formally sent to the Crown Court. The first hearing at the Crown Court is usually held three or four weeks after that.

If it is an indictable only offence (that is one that can only be dealt with at tie Crown Court) there is only one hearing at the Magistrates Court and the matter is sent immediately to the Crown Court. The first hearing at the Crown Court usually takes place within about four weeks.