Magistrates' Court

Overview

The Magistrates' Court is the criminal court of first instance in England and Wales. It handles around 95% of all criminal prosecutions. Cases are heard either by a bench of three lay magistrates (advised by a legal adviser) or by a single District Judge (Magistrates' Courts), who is a salaried legally qualified judge. The court deals with summary offences (e.g. minor assault, low-value criminal damage, road traffic offences) and either-way offences where the magistrates retain jurisdiction. It also handles bail decisions, sends serious cases to the Crown Court, and houses the Family Court and Youth Court.

What it handles

• Summary criminal trials (sentencing up to 12 months' imprisonment per offence)
• Either-way offences where allocated to summary trial
• First appearances for indictable-only offences (then sent to Crown Court)
• Bail applications and conditions
• Single Justice Procedure Notices (low-level motoring and licensing offences)
• Civil enforcement: council tax, business rates, TV licence

What it does not handle

• Crown Court matters — jury trials, very serious offences
• Most civil money claims (County Court)

Fees

• Criminal cases: No fee for defendantsCosts may be awarded against the convicted.

Deadlines

• Single Justice Procedure Notice → 21 days to respond
• Magistrates' Court conviction → 21 days to appeal to the Crown Court

Process

1. Step 1: Charging decision

   For less serious offences the charging decision is made by the police (around two-thirds of cases); for more serious offences it is made by the Crown Prosecution Service.

2. Step 2: First hearing and plea

   At court the defendant is asked to plead guilty or not guilty to the offence; virtually all criminal cases start in the magistrates' court.

3. Step 3: Case stays or is sent to Crown Court

   Summary offences (e.g. minor assaults, motoring offences) are dealt with entirely in the magistrates' court; for either-way offences, the District Judge or magistrates decide whether the case should stay in the magistrates' court or be sent to the Crown Court, and indictable-only offences (e.g. murder, rape) must go to the Crown Court.

4. Step 4: Guilty plea or conviction

   If convicted, magistrates can impose a sentence of up to 12 months in prison or a fine of an unlimited amount; cases are heard by 2 or 3 magistrates or by a District Judge.

5. Step 5: Trial if not guilty

   If the defendant pleads not guilty the case goes to trial, where the prosecution and defence call and question witnesses before the magistrates or District Judge retire to consider the verdict.

6. Step 6: Appeal

   A defendant convicted in the magistrates' court has an automatic right to appeal to the Crown Court against their sentence and/or conviction.

Appeals

Crown Court (rehearing) for conviction/sentence; High Court by case stated for points of law.

Representation

Duty solicitor available; legal aid means-tested. Many defendants represent themselves in minor matters.

Official sources