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When someone is charged with a crime in England or Wales, a lay magistrate, also known as justice of the peace, decides whether there is enough evidence against the person for the case to come to court. Summary offences or minor cases, such as traffic offences, are heard in a Magistrates' Court where about 95% of all criminal cases are tried. Normally three lay magistrates sit in court without a jury. They are advised on points of law and procedure by a clerk or a full-time legally-trained district judge, formerly known as stipendiary magistrate, who may sit alone. There are either way offences
such as theft which can be tried in either the Crown Court or the Magistrates' Court. If the defendant pleads guilty, the court gives him or her a sentence. Depending on the circumstances, the Magistrates’ Court may commit the accused to the  Court of Appealeither for trial or for
sentencing. Indictable offences such as murder, drug dealing or burglary, are tried only by the Crown Court. Criminal trials on indictment are presided over by a barrister or a solicitor with at least ten years of experience. Proceedings are heard before a single judge and the case takes
place before a jury of twelve people. If the verdict is “guilty” then the judge decides the sentence. The defendant may appeal against conviction or sentence at the Criminal Division of the Court of Appeal.  An appellant may take a case to a higher court only if granted leave of
appeal before that. The ultimate court of appeal is the House of Lordsbut the decisions of the European Court of Justice are binding on all courts.