Initially, the jury must try to reach a unanimous verdict (all 12 agree). If the jury cannot reach a unanimous verdict after at least 2 hours 10 minutes (or longer for complex cases), the judge can accept a majority verdict (10-2 or 11-1). If the jury cannot reach even a majority verdict, the judge discharges the jury, and the prosecution can seek a retrial.
g. Verdict
The jury returns to court and the foreperson announces the verdict:
- Guilty — the judge proceeds to sentencing
- Not guilty — the defendant is acquitted and released (the prosecution cannot appeal an acquittal)
If there are multiple counts (charges), the jury gives a verdict on each count separately.
5. Sentencing
If the defendant is found guilty (or pleads guilty), the judge sentences based on sentencing guidelines from the Sentencing Council. The process is:
- Prosecution outlines the facts and the defendant's previous convictions (if any)
- Defence mitigation — the defence lawyer argues for a lower sentence (e.g., the defendant has shown remorse, has family responsibilities, is unlikely to reoffend)
- Pre-sentence report (if ordered) — a report from the Probation Service assessing the defendant's risk and suitability for community sentences
- Judge's sentencing remarks — the judge explains the sentence and the reasons for it
Crown Court judges have unlimited sentencing powers up to the statutory maximum for each offence. Examples:
- Murder — mandatory life imprisonment (minimum term set by the judge, typically 15-30 years, but can be whole life for the most serious cases)
- Rape — up to life imprisonment (typical sentences range from 4-19 years depending on aggravating and mitigating factors)
- Robbery — up to life imprisonment (typical sentences range from 1-12 years)
- Fraud — up to 10 years (or 14 years for some fraud offences)
Sentences can include:
- Immediate custody (prison or young offender institution)
- Suspended sentence (prison sentence suspended for up to 2 years, served only if the offender reoffends)
- Community order (unpaid work, curfew, rehabilitation, drug/alcohol treatment)
- Fine (unlimited, but rare in Crown Court)
- Discharge (absolute or conditional)
The Crown Court Backlog Crisis
Crown Court has faced a growing backlog of cases since 2020, driven by:
- COVID-19 pandemic — courts closed or operated at reduced capacity for months in 2020-2021
- Barristers' strikes — criminal barristers went on strike in 2022-2023 over legal aid pay, delaying thousands of trials
- Underfunding — Crown Court sitting days were cut by 20% between 2010 and 2020 due to budget cuts
As of December 2024, the Crown Court backlog stood at over 60,000 cases, according to MoJ statistics. The average time from offence to completion in Crown Court is over 400 days (compared to around 200 days in 2010).
The backlog has serious consequences:
- Victims and witnesses wait years for trials, prolonging trauma and reducing the quality of evidence (memories fade)
- Defendants on bail wait years for trial, living under the cloud of charges
- Defendants in custody wait months or years for trial, often serving longer on remand than they would serve if convicted
The government has pledged to reduce the backlog by increasing Crown Court sitting days and recruiting more judges, but progress has been slow.
Legal Aid in Crown Court
Legal aid in Crown Court is not means-tested at the time of trial. If you are tried in Crown Court and acquitted, legal aid is free. If you are convicted, you may have to pay a contribution based on your means (income and assets).
The contribution is assessed after conviction and can be:
- A lump sum (if you have capital over £30,000)
- Monthly payments (if you have disposable income over £3,398 per year)
If you cannot afford a lawyer privately and do not qualify for legal aid (rare in Crown Court), you can represent yourself, but this is strongly discouraged for serious criminal charges.
The Bottom Line
Crown Court handles the most serious criminal cases in England and Wales, including all indictable offences (murder, rape, robbery) and either-way offences where magistrates decline jurisdiction or the defendant elects jury trial. Trials are heard by a judge and jury of 12 members of the public, with the jury deciding guilt and the judge deciding sentencing and legal issues. Crown Court judges have unlimited sentencing powers up to the statutory maximum for each offence, including life imprisonment for the most serious crimes. The Crown Court backlog has grown to over 60,000 cases as of late 2024, with the average time from offence to completion exceeding 400 days. Understanding how Crown Court works is essential if you are facing serious charges or called for jury service.
Key takeaways
- Crown Court handles around 80,000 cases per year, including all indictable offences (murder, rape, robbery) and either-way offences where magistrates decline jurisdiction or the defendant elects jury trial
- Trials are heard by a judge and jury of 12 members of the public, with the jury deciding guilt and the judge deciding sentencing and legal issues
- Crown Court judges have unlimited sentencing powers up to the statutory maximum for each offence (e.g., life imprisonment for murder, 14 years for robbery)
- The average Crown Court trial lasts 5-7 days, but complex fraud or murder trials can last months, contributing to a backlog of over 60,000 cases as of late 2024
- Defendants in Crown Court receive free legal aid if acquitted, but may have to pay a contribution if convicted based on their means
Sources
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