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Going to Criminal Court

Every criminal case in England and Wales starts in the magistrates' court, usually within days of charge, and the first hearing asks you to enter a plea. That decision carries real financial consequences: credit for a guilty plea is at its maximum at the first opportunity — up to a third off the sentence — and reduces steadily after. It is not a decision to take alone in a corridor. Call 07476 557650 free, any hour — and a one-hour consultation with a UK solicitor (£145, a fixed fee) can be booked right on the call.

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The maximum sentencing discount is available only at the first hearing. It falls to about a quarter after that and keeps sliding to around a tenth by the day of trial — so get advice before the first hearing, not at it.

Going to Criminal Court at a glance

Everything starts in the magistrates'

Even murder — the most serious cases are sent up to the Crown Court from there

Plea credit is time-sensitive

Up to a third off at the first hearing, reducing sharply thereafter

Duty solicitor at court

Usually available on the day for people facing custody, free of charge

Legal aid is means-tested at court

Unlike the police station — in the magistrates' there is a means test

Never miss a date

Non-attendance produces a warrant and destroys your position on bail

The first hearing

You confirm your name, address and date of birth, and the charge is put. For a summary offence you enter a plea and, if guilty, the court may sentence the same day or adjourn for a pre-sentence report. For an either-way offence the court decides whether its sentencing powers are sufficient; if they are, you choose between being tried by magistrates or electing a jury in the Crown Court — a genuinely tactical decision with different odds and different sentencing exposure. Indictable-only matters are sent straight to the Crown Court. Most first hearings last minutes; the waiting takes hours. Talk it through with a lawyer now →

The plea decision

Plead guilty only to what you actually did, and only once you have seen the evidence. The sentencing discount is a powerful incentive to plead early, but pleading guilty to an offence you did not commit to get it over with leaves you with a conviction, possibly a criminal record for years, and consequences for employment, insurance, travel and professional registration that outlast the sentence itself. Equally, fighting a hopeless case costs you the discount and can cost you your liberty. The value of advice here is that a lawyer reads the evidence for what it actually proves, not what it feels like. Talk it through with a lawyer now →

How sentence is decided

Sentencing follows published guidelines: the court places the offence in a category by harm and culpability, takes the starting point, then moves up or down for aggravating and mitigating factors — previous convictions, whether you were on bail, the effect on the victim, against genuine remorse, personal mitigation, ill health, caring responsibilities and steps you have already taken. Then the plea discount is applied. Practical mitigation matters: evidence of employment you would lose, treatment already started, references, and compensation offered voluntarily all land better than an assurance that it will never happen again. Talk it through with a lawyer now →

If you have a court date, step by step

Get advice before the hearing, not at itThe plea decision has a price tag attached, and it is highest on day one.

Apply for legal aid, and ask for the duty solicitorThe court means test is separate from the police station scheme.

Bring proof of income and your mitigationFines are income-based, and references and evidence carry weight. Call 07476 557650 free, any hour — and a one-hour consultation with a UK solicitor (£145, a fixed fee) can be booked right on the call.

Going to Criminal Court — your questions answered

Should I plead guilty to get it over with?

Only if you are guilty. The discount is real — up to a third off at the first hearing — but a conviction follows you into job applications, insurance, visas and professional registration for years, and it cannot be undone because you were in a hurry. Get someone to read the evidence first. If the case against you is weak, the discount is worth nothing compared with an acquittal or a discontinuance.

Will I get legal aid in the magistrates' court?

It is means-tested there, unlike at the police station where advice is free to everyone. Whether you qualify depends on income and household circumstances, and there is also an interests-of-justice test that looks at what is at stake — your liberty, your livelihood, the complexity of the case. A duty solicitor is usually available at court on the day for those facing custody even if you have not applied in advance.

Do I have to go to court for a minor motoring offence?

Often not — many can be dealt with by post, and some are resolved by a fixed penalty without any court involvement at all. But if a conviction would take you to 12 points and disqualification, or the offence carries an obligatory ban, attending and putting your case properly matters a great deal. Never simply ignore a summons: the court can proceed in your absence and impose a ban you were not there to argue against.