Well over 95% of all criminal cases in England and Wales are heard by the 30,000 or so magistrates who are unpaid members of their local community.
Criminal justice
Here you will get a better feel for the judges who sit in the criminal jurisdiction and the work they do.
Most people feel very strongly about crime and judges and magistrates play a vital role in the criminal justice system, especially when it comes to sentencing. Once you've read this section, why not try out our sentencing scenarios and quizzes? We think they'll help you gain a better understanding of how difficult the job is for judges and magistrates sitting in the criminal jurisdiction.
Criminal cases come to court after a decision has been made by the Crown Prosecution Service to prosecute someone for an alleged crime. In the vast majority of cases, magistrates hear the evidence and, as a panel, make a decision on guilt or innocence. For more serious cases a district judge (Magistrate's Court) or a circuit judge in the Crown Court will hear the evidence, and in the case of the latter, this will involve a jury trial. Very serious criminal cases, such as murder and rape, may be heard by a High Court judge.
Both magistrates and judges have the power to imprison those convicted of committing a crime, if they deem the offence serious enough. But imprisonment is not the only solution; a judge or magistrate can order a community punishment, or put an individual under some sort of control order where their movements or activities are restricted. Although punishment is a key consideration when sentencing, judges will also have a mind as to how a particular sentence may reduce the chances of an individual re-offending.
Court of Appeal - Criminal Division
The Lord Chief Justice is President of the Court of Appeal Criminal Division. He is supported in this role by a Vice President. Judges in the Criminal Division hear appeals in criminal matters from the Crown Court.
In the Criminal Division the bench usually consists of a Lord or Lady Justice and usually two High Court judges.
More information about the role of Court of Appeal judges.
High Court Judge – Criminal Jurisdiction
High Court judges can hear the most serious and sensitive cases in the Crown Court (for example murder) and some sit with Appeal Court judges in the Criminal Division of the Court of Appeal.
Most High Court Judges sit in the Queen's Bench Division. They will also deal at first instance with the more serious criminal cases heard in the Crown Court and, relatively early in their careers can be appointed to hear serious criminal matters in Crown Court centres out of London (known as being "on circuit") .
More information about the role of a High Court judge.
Circuit Judges - criminal
Circuit Judges may deal solely with civil, family or criminal work, or divide their time between the three. Most Crown Court cases are heard by Circuit Judges, although less complex or serious matters may be dealt with by fee-paid Recorders. Some cases from magistrates' courts will come to the Crown Court to be heard by a circuit judge - for example, if the defendant has opted for trial by jury, or the magistrates do not have the sentencing powers to deal with a guilty party.
More information on the role of Circuit Judge.
Recorders
Recorders are fee-paid, part-time, judges. For many it is the first step on the judicial ladder to appointment to the circuit bench. Recorders' jurisdiction is broadly similar to that of a circuit judge, but they generally handle less complex or serious matters coming before the court.
It is a post open to any fully qualified solicitor or barrister with at least 10 years' practice before the Crown or county courts. They are required to sit for between 15 and 30 days every year with at least one 10 day continuous period. The appointment is for an initial five-year period, extendible for further successive five year terms up to the retirement age of 65.
More information on the role of recorders.
District Judge (Magistrates' Courts)
The role of a district judge (Magistrates' Courts) is to complement the work of the magistracy. They are legally qualified, salaried judges and they usually deal with the longer and more complex matters that come before magistrates' courts. District judges (Magistrates' Courts) also have jurisdiction to hear cases under the Extradition Acts and the Fugitive Offender Acts.
More information on the role of a district judge (Magistrate's Court).
Magistrates - Criminal
For a single criminal offence committed by an adult, a magistrate's sentencing powers include the imposition of fines, community service orders, probation orders or a period of not more than six months in custody. Magistrates may also sit in the Crown Court with a judge to hear appeals from magistrates' courts against conviction or sentence and proceedings on committal to the Crown Court for sentence.
More information on the role of magistrates.
Magistrates - Youth Courts
Magistrates are specially trained to sit in youth courts where procedures are slightly more informal than in adult criminal courts. In order to engage with young defendants, magistrates deliberately talk directly to them rather than always through their legal representative.
In criminal cases the youth court has jurisdiction to deal with all offences committed by a juvenile except homicide which has to be dealt with in a higher court. Sentences are quite different in that they specifically address the needs of young offenders. Young defendants should always be accompanied by a responsible adult when they appear in court unless they are mature enough to be considered independent of their parents.