What to Expect at a Magistrates’ Court
If somebody is charged with a criminal offence, the first court appearance takes place in the Magistrates’ Court, not the Crown Court. In the UK, magistrates have distinct roles within the legal system and magistrates often have a narrow scope of authority, dealing with short or less complex matters in Magistrates’ Courts, but what is a Magistrates’ Court, and what should you expect in this setting?
What Types of Cases Are Heard by the Magistrates' Court?
Magistrates hear a number of different cases, and these include:
Summary Offences
These are less serious cases such as minor assaults, shoplifting, minor criminal damage, and motoring offences, where the defendant is not usually entitled to trial by jury.
Either-Way Offences
These can be dealt with either by magistrates or before a judge and a jury at the Crown Court and can include offences like handling stolen goods and theft.
Indictable Only Offences
These are the most serious offences such as rape, manslaughter, and murder. However, while the case will begin in the Magistrates’ Court, it is automatically transferred to the Crown Court, either for sentencing after the defendant has been found guilty in a Magistrates’ Court or to undergo a full trial with a judge and jury.
What to Expect at a Magistrates' Court
Firstly a Magistrates’ Court summons is sent by the court, normally by post. This states the following information:
- The day and time you should attend.
- The alleged offences.
- A summary of the facts, police, and other witness statements, if relevant.
When you attend your first hearing at the Magistrates’ Court you will be expected to indicate your plea as per the advice of your criminal defence solicitor.
If you plead not guilty:
The court will have to decide if your case can be dealt with by the Magistrates’ Court or needs to be transferred to the Crown Court. If the case can be conducted in a Magistrates’ Court, a date is set for the trial and the case is adjourned until then allowing time to prepare the case for trial.
If you plead guilty:
The magistrates will proceed to consider possible sentences, if possible. This can occur immediately or it may be necessary to adjourn the case for what is known as a pre-sentence report. If the offence is too serious to be dealt with by the Magistrates’ Court, it can be transferred to the Crown Court for sentencing.
What Powers Do Magistrates Have?
Magistrates have the power to pass custodial sentences of up to a period of 12 months and issue other punishments. These can include community sentences, driving bans, and a fine.
In a Magistrates’ Court, it is important to be fully compliant with the entire process, which is why having legal help can be invaluable. Receiving a summons for a Magistrates’ Court can be overwhelming but the most important action is to have experienced defence solicitors on your side to ensure that you don’t just adhere to the process, but work towards the best possible outcome.
