Magistrates’ Court

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Magistrates’ Court

If you have been accused of a criminal offence, the Magistrates’ Court will likely be the location of your first court hearing. Unlike the Crown Court, there is no jury, but instead either one presiding District Judge or a ‘bench’ made up of two or three Magistrates.

Following an arrest and charge, you will either receive a court summons or a letter sent to your home address (postal requisition), or you may be charged by the police and bailed to court or be kept at a police station and taken straight to the Magistrates’ Court the next day.

The first hearing will decide whether the severity of the offence(s) requires your case to be redirected to the Crown Court.

A solicitor speaking seriously with a client.

In criminal proceedings, Magistrates deal with three kinds of offences:

Summary only offences: These are less serious cases, such as motoring offences and minor assaults, which are fully dealt with at Magistrates’ Court;
Either-way offences: These are usually considered as being of moderate severity such as some theft, handling stolen goods and assault cases. As the name implies, these can be dealt with either by magistrates or before a judge and jury at the Crown Court. Where the court decides that your case should be heard in the Magistrates’ Court, you may have the option to request a Crown Court hearing. Magistrates can also decide that a case is so serious that it should be dealt with in the Crown Court – which can impose tougher sentences if you are found guilty;
Indictable-only offences; These are the most serious offences, such as murder, manslaughter, rape and robbery, which can only be heard at Crown Court.

There are a number of advantages and disadvantages in going to trial in the Magistrates’ versus the Crown Court. Alexander Bennett Solicitors can demystify the terminology used around the Magistrates’ court and explain the potential long-term impact of different options on your case.

It is vital to take professional advice at the earliest possible stage of the process to understand your rights in court and to protect yourself, your family and your future.

What should I expect?

If we have been instructed, one of our solicitors will meet you outside the courtroom in the Magistrates’ Court and explain the process, answering any questions you may have and preparing you for what to expect in the courtroom.

Once inside the courtroom, you will be asked to confirm your personal details and will then have the opportunity to plead ‘guilty’, ‘not guilty’, or ‘no indication’ (an option for ‘either way’ offences) to each of the charges. If you plead ‘guilty’ to the offences for which you are accused, details of the offence(s) are heard and you, or your legal representative, have the opportunity to speak. A plea of ‘not guilty’ will lead to a new date being set for the trial at the Magistrates’ Court, as long as the Prosecution choose to pursue the case.

One of our experienced criminal defence solicitors will provide you with expert guidance and support, knowing how to address the court correctly and ensuring that the Magistrates hear everything they need to. We have helped countless clients through complex, long-running cases, and are able to advise on legal terminology, court requirements, pleading options and more. Our primary focus is to secure the best possible case outcome for you.

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Sentencing

There are numerous types of sentence available to the Judge, or Magistrates, including imprisonment, a fine, a community order, an out of court disposal, a conditional discharge and more. The ‘sentence’ imposed by the court will depend on a combination of factors specific to your case.

The Judge, or the Magistrates, will consider the specific details of your case together with any mitigating circumstances and previous offences. Unless you are only given a fine, the Probation Service may become involved and interview you to present a Pre-Sentence Report to the court, to help decide what the punishment should be.

In addition, court orders, such as driving bans, anti-social behaviour orders (ASBOs), or others can be made and you may also be required to pay expenses or compensation for/to the victims of the offence(s).