Criminal Records can give information about any possible misdemeanours of your ancestor. These are some of the courts where an ancestor's trial may have been held.
If you find your ancestor was found guilty, and depending on the offence, they may have been sent to prison or transported. I have also written an article about prison records and/or transportations.
These were held every 3 months in all the counties of England and Wales and were before justices of the peace.
A wide range of crimes were tried, such as arson and burglary, at the quarter sessions. The preliminary hearing of a more serious offence such as murder or manslaughter could have been held at a quarter session but could not actually be tried there.
Borough Sessions were held on the same basis as quarter sessions, but took place in towns and cities.
At a Petty Session the justice of the peace dealt with more minor offences
and juvenile offenders. Details are kept at the
Assizes, another form of criminal records, were created in the 16th Century. These were presided over by itinerant judges who travelled from Westminster. The judges covered a number of counties and this arrangement was referred to as the ‘circuit’. Murder could only be tried at this hearing and was presided over by the judge and 12 jurors.
When a serious crime came before a quarter session it was referred to the assizes, the defendant being remanded in custody until the next assize session.
Details about Assizes are held at the National
Archives. There are guides to Looking for details of a trial or conviction and Assizes: trials 1559-1971. There are also guides
to Assizes: key to series for English trials 1559-1971
and Assizes: key to series for Welsh trials 1831-1971
Cheshire, Durham and Lancashire were governed differently to other counties and were known as ‘palatinates’. They had their own courts and cases similar to assizes were held at individual courts. In 1830, the Palatinate Court of Chester was abolished. A new circuit was incorporated which included Wales and Chester. The Palatinate Courts of Lancashire and Durham were abolished in 1876. These counties then joined assize circuits.
Details regarding these Courts are held at the National Archives.
The most important criminal court in England is the Old Bailey Sessions House which, from 1834, was known as the Central Criminal Court. Old Bailey Online has an online index to the proceedings of the Old Bailey from 1674-1913.
Details of trials at the Old Bailey can also be
found in the National Archives and a detailed guide is available.
Wales was subject to its own laws until 1543 and this included Marcher Law. Marcher Law governed the region bordering England. The main court in Wales, now abolished, was the Court of Great Sessions, and this was established when Wales was incorporated within the English Legal System from 1543.
The court dealt with criminal and civil cases until it was abolished in 1830. There were four circuits for the Welsh Counties. The exception to this being Monmouthshire that was attached to the Oxford Circuit of English assizes. The National Library of Wales holds details of these. After 1830, the English assize system was extended to Wales.