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

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

Related guides

• Magistrates Court Process