Magistrates' Court Procedure: From First Hearing to Trial, Sentence and Appeal

After charge you receive a charge sheet setting out the details of the crime you are charged with, and your first court hearing will be at a magistrates' court — even if your trial will be at a Crown Court later on. If you are under 18 your first hearing will usually be at a youth court, with someone from the local youth offending team there to help.

Under Part 8 of the Criminal Procedure Rules 2025, the prosecutor must serve initial details of the prosecution case on the court officer no later than the beginning of the day of the first hearing — and must serve them on you if you request them. Unless you were in police custody immediately before the hearing, the details must include a summary of the circumstances of the offence, any account you gave in interview, any written witness statement or exhibit material to plea, allocation or sentence, your criminal record (if any), and any available victim impact statement.

At the first hearing you will be asked whether you plead guilty or not guilty. The distinction matters later: a person convicted by a magistrates' court may appeal to the Crown Court against sentence if they pleaded guilty, but against the conviction or the sentence if they did not. Take legal advice before entering any plea — the duty solicitor can advise on the day. Plea timing also affects sentence: under the Sentencing Council's guideline on reduction in sentence for a guilty plea, a guilty plea indicated at the first stage of proceedings (normally the first hearing at which a plea or indication of plea is sought and recorded by the court) attracts a reduction of one-third; after the first stage the maximum reduction is one-quarter, decreasing on a sliding scale to a maximum of one-tenth on the first day of trial, and it should normally be decreased further — even to zero — if the guilty plea is entered during the course of the trial.

Summary offences — for example most motoring offences, minor criminal damage and common assault not causing significant injury — are dealt with in the magistrates' court. Either-way offences such as burglary or drugs offences can be heard either in a magistrates' court or a Crown Court. The most serious, indictable offences — for example murder, rape and robbery — are always passed to the Crown Court.

A solicitor will check if you qualify for legal aid if you are charged with a crime or have to go to court. Legal aid is automatic if you are under 16, under 18 and in full-time education, or on certain passporting benefits; otherwise it is means tested — an annual income of £12,475 or less qualifies across all court types, and between £12,475 and £22,325 a full means test applies (disposable income of £3,398 or less qualifies at the magistrates' court). Preparation for trial includes reviewing the prosecution material with your solicitor and arranging any defence witnesses.

There is no jury in a magistrates' court: your case is heard and decided by 2 or 3 magistrates or by a district judge. The prosecution presents its evidence first, your side can challenge it and present your own evidence, and the bench decides whether the case is proved. If you are found not guilty, the case ends there.

If you plead guilty or are convicted, the magistrates' court can impose up to 6 months in prison for a summary offence and up to 12 months in prison for an either-way offence such as burglary or drugs offences, as well as a fine or a community sentence, like doing unpaid work in the community.

Under section 108 of the Magistrates' Courts Act 1980 you may appeal to the Crown Court: against your sentence if you pleaded guilty, or against the conviction or sentence if you did not. You usually need to appeal within 15 working days of the date you were sentenced, using the 'Appeal to the Crown Court' form, sent by post or email. If you appeal after 15 working days you must explain why the appeal is late and provide evidence. Separately, you can ask the magistrates' court itself to reopen the case — for example if someone falsely gave your details, or you did not know about the case.