Magistrates court

What you will find on this page

What does a magistrates’ court do?
What will happen when I’m in a magistrates’ court?
Plea and directions
Adjournments
Bail
Remanded into custody

What does a magistrates’ court do?

When charged with an offence it will be listed in a local magistrates’ court fairly quickly. You will always be taken to the local magistrates’ court in the area the offence happened.

All criminal cases start in a magistrates' court.

In a magistrates’ court, the key people to be aware of are as follows:

The magistrate is a volunteer with a jurisdiction to try minor criminal cases; two or more usually reside in court
The District judge is a judge who presides over a lower court
A prosecutor( CPS) is a member of the CPS who represents the government in the case brought against the accused person.

Magistrates deal with three kinds of cases:

Summary offences
Either-way offences
Indictable-only offences

You can find out more about these three kinds of cases by clicking this link.

What will happen when I’m in a magistrates’ court?

When you arrive at magistrates’ court you will need to pass a metal detector and empty your pockets of all items. It's here that you will meet your solicitor, discuss the hearing and be asked questions relating to your case and bail conditions.

You will be called into court by a court usher or tannoy announcement. You can expect to feel nervous, and once in the court you will not miss the royal coat of arms, upon it written Dieu et Mon Droit, meaning God and my right. You will sit near your solicitor and face a court clerk.

Remember: Magistrates actually hold no legal qualifications and are advised by clerks in court on matters of law, practice and procedure. The room is usually empty and quiet, so be careful when speaking about your case in front of others and especially clerks.

A phone call will be made between the clerk and judges and following this you will hear the words, ‘All rise’. Although it is your right to sit, it's important you stand at this point as it's a tradition of the court and could upset the magistrates if you stay seated.

The prosecutor will speak, discussing your offence and the case, and your solicitor will stand and defend your case. Once this exchange has taken place you may be asked to speak or be asked questions.

Plea and directions

Plea and directions determine which way the case will go. You will be required to stand and the clerk will read out the charges against you. You will be asked to plead guilty or not guilty. Again, be clear and respond loudly enough for the court to hear you.

Remember: If spoken to by the judges try to address them as ‘your honour’, be aware of your body language, stay calm, and speak loudly and clearly enough for the court to hear.

Pleading guilty: if you plead guilty and the offence is a summary offence, the magistrates’ court can deal with the matter there and then. If it's a more serious offence the magistrates will likely refer for a committal for sentence to the Crown Court.

Pleading not guilty: if you plead not guilty an adjournment for trial will be set. Again, depending on the severity of offence it will either be decided to refer to Crown Court or stay within magistrates.

Remember: Magistrates have limited sentencing powers and are able to give up to six months for a single offence, or a total of 12 months if there are a number of offences. If you have a minor offence and a serious offence, it’s likely to all be transferred to a Crown Court to be dealt with.

Adjournments

Adjournments happen often and in all court cases, so be prepared for them. If you have pleaded not guilty, you can expect a few adjournments and for the case to go on for a few months.

Bail

At the end of each visit to court an application of bail will be discussed. Your solicitor will state your conditions and how you have adhered to them, and he or she may even request for conditions to be removed. The prosecutor will either agree with the conditions in place or object to any new changes, and it's for the judges to decide what bail conditions, if any, are still imposed. The judges will then address you.

Remember: Stand up, face the judges and acknowledge who is speaking to you. You will be told the conditions of bail and be asked to confirm that you understand what is being asked of you. Try to address the judge politely, ‘yes your honour’, throughout.

Remanded into custody

If it's decided you may not adhere to bail conditions or the offence is of a serious nature then magistrates courts may remand you into custody until your next scheduled court appearance. This is a real shock to the system for first timers who 24 hours prior to arrest may have actually never even imagined being thrusted into such a situation. The questions that are scrambling through your mind to ask are usually unanswered due to how the system is set up:

Your solicitor should pop over to the dock and offer you some directions for scheduling another bail hearing. Give him/her phone numbers for them to call your family, friends and loved ones.
You will be led away handcuffed to court custody staff back to your police cell.
Everybody else you will meet here may not have answers for your immediate worries.
You should try and ask to make a phone call to let someone know whats happening.

Can I appeal my decision to not be granted bail?

The answer is yes, you are allowed to appeal if you have been remanded in custody, you can apply for bail at the court. The court may grant you bail, or refuse bail and keep you remanded you in custody.

You can apply for bail twice through the magistrates' court. If these appeals fail, you can apply for bail again at the crown court.

How long am I likely to stay in custody If remanded

If you're not granted bail there is a time limit to how long you can spend remanded in custody.

If you're remanded for trial at a magistrates' court, you can stay a maximum of 56 days in custody.
If you're charged with a matter for the crown court, you can stay a maximum of 70 days in custody.
If you are charged with an offence and having a trial at crown court, you can stay a maximum of 112 days in custody.

Remember we are always here to help, do contact us if you have any queries or existing fears of imprisonment.