Introduction: What to expect at a magistrates' court

Attending a magistrates’ court for the first time can feel unfamiliar, but the hearing itself usually follows a clear structure. Almost every criminal case in England and Wales starts in the magistrates’ court, although not every case stays there. This guide explains what an adult defendant can usually expect at a first hearing. The precise procedure will depend on the charge and your circumstances, so your solicitor will explain how it applies to your case.

Before you travel to court

Check your hearing notice carefully so that you know which court to attend and when. Unless your solicitor has told you otherwise, arrive about 30 minutes before the stated time. Bring your hearing notice or case number and any papers your solicitor has requested. Several cases are usually listed for the same session, so be prepared to wait and make any necessary arrangements for work or childcare.

There is no special dress code, but we do recommend you attend wearing a shirt and tie or equivalent for a lady; think of what you would wear if you were being interviewed for a job you really want to get and you won’t go far wrong. If you need an interpreter or reasonable adjustment due to a disability or are concerned about being near another person involved in the case, tell your solicitor in advance so that suitable arrangements can be requested. Courts are used to dealing with these things so don’t be afraid to speak up.

Arriving and checking in

On arrival, you will pass through security. Your bag may be searched, you may be asked to empty your pockets and you may have to walk through a security arch or be checked with a handheld scanner.

Once inside, find the list caller, who may also be described as the court usher. They are usually based near the relevant courtroom and are likely to be holding a court list or clipboard. Many will shout out, “is anybody here for court X”. Their job is to make the courts run smoothly and they are generally very good at it. Tell the list caller your name, that you are the defendant and, if you know it, the name of your solicitor. They will mark you as present and tell you where to wait.

Do not leave the waiting area without telling the list caller or your solicitor. Cases are rarely called in list order and yours may be called at short notice.

Meeting your solicitor

Your solicitor will want to meet you before the hearing and speak to you in private. This is your opportunity to ask questions and make sure you understand what is going to happen.

Your solicitor will confirm your instructions, consider the prosecution’s initial information and advise you about the charge. If a plea is required, they will discuss whether you should plead guilty or not guilty. They may also advise on where the case should be heard, the possible sentence, bail and any directions needed if the allegation is contested.

If prosecution papers arrive late or more discussion is needed, your solicitor may ask for the case to be “put back” and called later in the same session. This allows time for proper advice and does not mean that anything has gone wrong.

Court waiting areas can be crowded, so avoid discussing the detail of your case where other people may overhear. If there is something sensitive that your solicitor needs to know, ask to speak in private.

Going into the courtroom

When the court is ready, the list caller will call your name and show you into the courtroom. The case will usually be heard by a District Judge or by two or three magistrates supported by a legal adviser. The prosecutor, your defence representative and court staff will also be present. The public and press are normally allowed in the courtroom.

You will usually be directed to the dock, although arrangements vary and you may be told to sit or stand elsewhere. At the beginning, you should remain standing while you confirm your name, address and date of birth. These questions ensure that the court is dealing with the correct person and that its records are accurate.

The charge or charges will then be identified. Your solicitor will do most of the speaking. If the court asks you something directly, answer clearly and address the District Judge as “judge” or chair of the magistrates as “Sir” or “Madam”. Don’t worry about making a mistake, nobody will mind. If you cannot hear or understand, or need to speak to your solicitor, say so or attract their attention. If the judge can see you want to speak to your solicitor they will point it out to your solicitor – the dock is often behind the solicitors’ benches so it can be hard to attract attention but give a wave or say “excuse me” and somebody will see.

Your phone must be switched off or kept silent, and you must not take photographs, make recordings or send messages from inside the courtroom. This is important as you do not want to be held in contempt of court!

Will you be asked to plead guilty or not guilty?

At most first hearings, the court will establish your plea or likely plea. The form of the question depends on the offence.

For a “summary-only” offence, which can be tried only in the magistrates’ court, you will normally enter a formal plea of guilty or not guilty. For an “either-way” offence, which can be tried in either magistrates or Crown Court, you will be asked to indicate how you would plead. If you indicate not guilty, the court will then decide where the trial should take place.

The most serious offences, known as “indictable-only” offences, cannot be tried in the magistrates’ court. Those cases are sent to the Crown Court, and a formal plea will be entered there.

A guilty plea means accepting the offence as charged. A not guilty plea requires the prosecution to prove the allegation. This important decision should not be made simply because the courtroom feels pressured or unfamiliar. You should take legal advice before answering.

What happens if you plead guilty?

If you plead guilty to an offence that the magistrates’ court can deal with, there will be no trial. The prosecutor will summarise the facts of the offence and provide the court with details of any relevant previous convictions. Your solicitor will then address the court in mitigation, explaining the circumstances of the offence and any personal factors that should be taken into account.

The court will usually sentence you straight away, particularly where the facts are agreed and it has all the information it needs. Your solicitor should explain the realistic sentencing range and the matters that may assist you. However, the court may adjourn for a pre-sentence report from the Probation Service. It will also decide whether you remain on bail, whether conditions should apply or whether you should be remanded in custody while awaiting sentence.

An early guilty plea can reduce the sentence, but that is not a reason to plead guilty to an offence you do not accept. Your plea should reflect your instructions and the legal advice you have received.

What happens if you plead not guilty?

Following a not guilty plea the court will identify the issues, estimate the trial length, consider which witnesses are needed, fix a trial date and set deadlines for the prosecution and defence to serve evidence or other information.

Your solicitor may be asked about witness availability, CCTV, expert evidence, interpreters, legal arguments or adjustments. These case-management questions do not require you to argue your whole case; they are intended to ensure that the trial can proceed effectively.

The court will also deal with bail. Existing bail may continue, conditions can be imposed or changed, or the prosecution may ask for you to be remanded in custody. Your solicitor will make representations and explain the decision.

Make sure you know the trial date, any other hearing date, your bail terms and anything you must do to prepare. Keep in contact with your solicitor and report any change of address, telephone number or circumstances promptly.

What if the case is too serious for the magistrates’ court?

An indictable-only offence must be sent to the Crown Court. With an either-way offence, the magistrates may decide that the case is too serious or otherwise unsuitable for a trial in their court. If they are willing to keep it, an adult defendant will usually have the right to choose trial in the Crown Court instead.

If the case is sent, the magistrates’ court will set the date for the first Crown Court hearing and deal with bail or remand in the meantime. What happens after a case reaches the Crown Court is covered in a separate guide.

Before you leave the court building

Do not leave as soon as you come out of the courtroom until you have spoken with your solicitor. Take a few minutes to discuss the result and make sure you understand what happens next. You should know whether you must return to court, whether you are on bail and subject to any conditions, and whether the court has imposed any deadline or other requirement.

If anything said in court was unclear, ask your solicitor to explain it. It is much better to resolve a misunderstanding before leaving than to discover later that you have missed a date or failed to comply with an order.

How Chetwode can help

Good preparation can make a magistrates’ court appearance much less daunting. Chetwode Criminal Defence Solicitors can review the allegation and prosecution papers, advise you about plea and venue, represent you at the hearing and ensure that your position is explained clearly to the court.

If you have received a postal requisition, been charged by the police or have an approaching magistrates’ court date, contact us as soon as possible. Early advice gives your solicitor time to identify the important issues, obtain the necessary material and prepare properly for the first hearing.