How the Magistrates’ Court Works: A Guide for First-Time Defendants

Walking into the Magistrates’ Court for the first time can feel daunting, even if the case you’re facing is relatively minor. This guide breaks down the process of which cases are dealt with at the Magistrate’s Court, who you may see inside and outside of the courtroom and what will happen during and after a hearing.

What Is the Magistrates’ Court?

All criminal cases begin in the Magistrates’ Court. The Magistrate’s Court is different to the Crown Court. The two big differences between the Crown and Magistrates’ Court are that:

1. Jury trials only happen in the Crown Court
2. The Magistrates Court can only give a defendant a sentence of up to twelve months imprisonment for a single offence whilst the Crown Court does not have a limit to the sentence they can give.

What type of cases does the Magistrates’ Court deal with?

The Magistrates court deals with:

1. First appearances – Cases which have progressed to a prosecution will have a first date in the Magistrates’ Court.
2. Minor offences – Minor offences (also known as summary only offences are the least serious kinds of offences and these can only be dealt with in the Magistrates’ Court. This means that trials and sentencing hearings for minor offences are dealt with in the Magistrates’ Court. Some examples of summary only offences include criminal damage valuing under £5,000, common assault, being drunk and disorderly and most motoring offences.
3. Either way offences – These offences can be more serious than summary only offences and they can be heard in either the Magistrates’ Court or the Crown Court. The Magistrates’ Court may deem the offence too serious for it to deal with and send it to the Crown Court instead. If the Magistrates think the case is suitable and not too serious for it to deal with it, the defendant may have a choice of whether the Crown Court deals with the case instead.

How do I know that I have a Magistrates’ Court hearing?

If you have been under investigation for a crime, you may be made aware that you have a Magistrates’ Court hearing either by:

1. A letter sent to you in the post. This letter is called a Postal Requisition. It will state the offence you are charged with, the Court you must attend and the date and time of your hearing.
2. Being charged at the police station. If you have been arrested and released from a police station after a police interview, the police may have informed you that you have been charged with an offence and they will provide you a document which states the offence you are charged with, the Court you must attend and the date and time of your hearing.
3. Being charged and held at the police station to go to a Magistrates’ Court the next day. In some circumstances the police may choose to keep you at the police station after an arrest and interview in order to bring you to a Magistrates’ Court the next day.

Tips for Preparing and Presenting Yourself in Court

A few simple things can make a big difference:

• Be on time
• Dress smart
• Be polite and calm throughout
• Bring any documents that might help (letters, evidence, financial details)

First impressions matter, especially in court.

What to do when you arrive at court

You must go through security when you enter a Magistrates’ Court which is quite similar to airport security. Often in the morning between 9am – 10am there can be queues to get through security so ensure you arrive with enough time.

There are rules around what you can take into a Magistrates Court which are published here.

When you arrive on the day of your hearing, ensure you know which court room your case will be heard in. You can do this by checking with the reception desk. In many Magistrates’ Courts the details of cases being heard in the different court rooms on that day may be hung up on the wall at the entrance or on a television screen.

It is wise to attend 30 minutes before your listing time to give you enough time to get through security, locate the court room and speak to a solicitor.

Who Will Be in the Courtroom?

When you enter the courtroom at the Magistrates’ Court, you’ll see a few key people:

Magistrates

These are either:

• Three volunteer magistrates (also called “Justices of the Peace”), or
• A District Judge, who is a legally trained professional

These people are the ones making the decisions and they sit at the very front of the court room.

Legal Adviser

A legally qualified adviser sits in front of the magistrates. They guide the Magistrates on the law and help ensure everything is done properly.

Usher

The court usher manages the courtroom. They will call your name when the case is ready. They check who’s present outside the courtroom and help things run smoothly. They usually wear a black robe.

Prosecutor

Usually, the Prosecutor in the Magistrates Court will be a solicitor from the Crown Prosecution Service (CPS). They present the case against you, outlining what you’re accused of.

Your Representative (if you have one)

This might be a solicitor or barrister who will speak on your behalf. This may be a solicitor you have already been in contact with or the Duty Solicitor.

Who is the Duty Solicitor?

Duty Solicitors are criminal defence solicitors who are available at every Magistrates’ Court to give free, independent legal advice to people who don’t already have representation. They can explain the charges you’re facing, help you understand your options, take instructions from you, and speak on your behalf in the hearing. Their role is to ensure that everyone, regardless of finances or preparation, has access to proper legal support when they first appear in court.

If you want to speak to the Duty Solicitor, you can ask the court usher.

The Court Process Step by Step