How Does a Robbery Case Begin in Court?

Robbery is one of the most serious criminal offences in England and Wales. Defined in section 8 of the Theft Act 1968, it involves stealing from a person using force or threats of force at the time of the theft. Because robbery is classed as an indictable‑only offence, it must ultimately be dealt with in the Crown Court before a judge and jury, reflecting its seriousness and the potential for substantial custodial sentences. 

Despite this, the formal criminal process starts in the Magistrates' Court for most defendants. This article explains step by step how a robbery case begins in the courts of England and Wales - from investigation and charging to the first court hearing and transfer to the Crown Court.

What Is Robbery Under UK Law?

Under the Theft Act 1968, a person commits robbery if they:

• steal property (that is, dishonestly appropriate property belonging to another with intent to permanently deprive), and
• immediately before or at the time of the theft use force on any person, or put any person in fear of force being used then and there. 

The offence encompasses situations such as mugging someone on the street or threatening force to obtain cash from a shop. Sentencing reflects both the theft element and the force or threat involved.

Police Investigation and Charging

Reporting and Investigation

Before any court process begins, the police must investigate the allegation:

• gathering evidence such as witness statements, CCTV, forensic material and suspect interviews;
• identifying the suspect and building a factual and evidential picture. 

Sexual and other serious matters may involve specialist units, but robbery investigations may vary from street robberies to commercial or residential incidents.

Charging Decision

Once the investigation is complete, the Crown Prosecution Service (CPS) reviews the file to decide whether to charge. Prosecutors apply the Code for Crown Prosecutors, asking first whether there is a realistic prospect of conviction, and then whether prosecution is in the public interest. If these tests are met, charges for robbery will be authorised. 

In some cases, a suspect may be arrested and charged at the police station. In other cases, a postal requisition or summons may be issued to require the defendant to attend court on a given date. 

Starting in the Magistrates' Court

Why Robbery Cases Go Through the Magistrates' Court

In England and Wales the Magistrates' Court is the first court where all criminal cases begin, including robbery. This is because the magistrates' court handles initial procedural matters for all offences before the case goes further. 

Robbery is an indictable‑only offence, meaning the Magistrates' Court cannot try the case on its merits and must instead transfer it to the Crown Court. 

The First Hearing

At the initial hearing - often called the first appearance or first hearing - the court carries out a series of formal steps:

1. Confirm Identity: The court clerk confirms the defendant's name and address.
2. Read Charges: The robbery charge is read so the defendant understands what they are accused of.
3. Plea: For indictable‑only offences like robbery, the defendant is usually not asked to enter a plea at this stage in the Magistrates' Court, because trial will take place at the Crown Court. 

The first hearing also addresses other administrative matters such as whether the defendant is legally represented and whether they are physically present (attendance is normally required). 

Bail or Custody Decisions

One of the key functions of the first hearing is to determine whether the defendant should be:

• released on bail, potentially with conditions such as reporting requirements or restrictions on contact with certain people;
• or remanded in custody until the next stage of proceedings.

The court considers factors such as risk of non‑attendance, potential risk to the public and risk of obstructing justice.

Sending the Case to the Crown Court

Automatic Transfer for Indictable Offences

Because robbery is an indictable‑only offence, the Magistrates' Court has no jurisdiction to try the charge itself. Instead, after dealing with bail, custody and other administrative matters, the court formally sends the case to the Crown Court under the relevant statutory provisions. 

No committal hearing is required; procedures were reformed so that serious cases move directly to the Crown Court once it is clear they are indictable. 

Paperwork and Transfer

At this stage, the court will send the court papers and prosecution evidence to the Crown Court, and the case is listed for the next hearing (often a Plea and Trial Preparation Hearing). This hearing sets the timetable for trial preparation.

First Hearing in the Crown Court

Plea and Trial Preparation Hearing

The first hearing in the Crown Court for an indictable matter like robbery is typically the Plea and Trial Preparation Hearing (PTPH). At this hearing:

• The indictment is formally read to the defendant.
• The defendant is asked to enter a plea (guilty or not guilty).
• If the plea is not guilty, the judge issues directions for case preparation, including disclosure of evidence, witness statements and expert reports.
• If the plea is guilty, the court may proceed to sentence or adjourn for reports such as a pre‑sentence report.

The PTPH ensures that both the prosecution and defence have clarity on the timetable and requirements before the trial date. 

Practical Rights and Considerations

Legal Representation

Defendants have the right to legal representation at all stages. In serious indictable matters such as robbery, representation by both a solicitor and barrister is common, given the complexity and potential penalties at stake.

Victim Support and Witness Care

Victims are usually informed of key stages through a Victim Liaison or Witness Care Unit. Support services and information about special measures (such as giving evidence by video link) may be available to help victims participate in the process where necessary.

Common Questions About Beginning a Robbery Case

Does a robbery case start in the Crown Court?
No. All criminal cases, including indictable‑only offences like robbery, formally begin in the Magistrates' Court before transfer to the Crown Court. 

Will there be a trial at the first hearing?
No. The initial hearing deals with procedural matters; evidence is not tested and guilt is not decided at that point. 

Is bail always granted?
Bail decisions depend on risk factors and may include conditions to address public safety or court attendance concerns.

Key Takeaways

In England and Wales, a robbery case begins with a police investigation and a CPS charging decision based on the strength of evidence and public interest standards. Because robbery is an indictable‑only offence, the first court appearance takes place in the Magistrates' Court, where the charge is read, identity confirmed, and preliminary matters such as bail are decided. The Magistrates' Court then sends the case to the Crown Court, where the Plea and Trial Preparation Hearing takes place, setting out the defendant's plea and preparing the case for trial. Understanding how a robbery case enters the court system helps defendants, victims and others involved navigate the criminal justice process with greater clarity and confidence.