What the Magistrates' Courts of England and Wales does
The magistrates' court handles summary offences outright — most motoring matters, minor assaults, criminal damage below the threshold, public order — and takes the first hearing in every other case. For an either-way offence such as theft, burglary or drugs supply, the court decides whether its own sentencing powers are enough, and the defendant may elect Crown Court trial by jury. The most serious offences — murder, rape, robbery — are sent straight up. The same building also deals with bail, remand, warrants, and a civil caseload including council tax and licensing. First hearings come round fast, often within days of charge, which is exactly why advice before that date matters.
What it hears
- Summary offences — most motoring matters, minor assault, criminal damage, public order
- First hearings and allocation decisions in every either-way case
- Sending the most serious offences to the Crown Court
- Bail applications, remand decisions and warrants
- Sentencing within its powers — fines, community orders, driving bans, custody
- Some civil work — council tax enforcement, licensing and some family matters
Before your first court date
Get free legal advice before you attend. If you were questioned at a police station you already had the right to a duty solicitor at any hour; that right does not disappear at court, and a duty solicitor is usually available on the day for people facing custody. Read the charge and the evidence served with it, and decide your plea honestly — a guilty plea at the first hearing attracts the largest sentencing discount, up to a third, and that discount falls away as the case goes on. Bring proof of income if a fine is likely, because fines are calculated from weekly income. Arrange the day off, arrive early, and never miss a date — non-attendance produces a warrant.
What happens at your first appearance
You will be asked to confirm your name, address and date of birth, then to enter a plea. On a guilty plea the court may sentence the same day, sometimes after a short pre-sentence report. On a not guilty plea the court sets a trial date and fills in a case management form covering the issues and the witnesses. For an either-way offence the court first decides whether to keep the case or send it up, and you may elect a jury. Dress as you would for an interview, address the bench as Sir or Madam or Your Worships, and speak only when invited. Most first hearings are over in minutes.
What to prepare
- The charge sheet, postal requisition or summons, and any evidence served
- Proof of income and outgoings — payslips or benefit letters — if a fine is likely
- Character references and evidence of work, study or caring responsibilities
- Any medical, mental health or addiction treatment evidence relevant to sentence
- Your driving licence if the case involves your entitlement to drive
When to get legal advice
This page is general legal information, not legal advice. Advice pays for itself before the first hearing more than anywhere else in the system — on plea, on whether to accept the magistrates' jurisdiction or elect a jury, on exposure to custody, and on the effect of a conviction on your job or your right to drive. Legal Hotline's free line explains the process any hour on 07476 557650, and a one-hour consultation with a UK solicitor (£145, a fixed fee) can be booked right on the call.
Where it is
Magistrates' courts sit in most large towns and cities in England and Wales, and your requisition, summons or bail sheet names the exact building and time. Use the Find a Court or Tribunal service to confirm the address and check the opening hours before you travel.