How long does a magistrates' court trial usually take?

The total timeframe from charge to sentence typically ranges between three and nine months. The first hearing must occur within 28 days of charge for either-way or indictable offences, though the timing varies for summary offences. Once a not guilty plea is entered, the trial date is usually set eight to 16 weeks ahead during case management.

What happens if I do not show up to my magistrates' court hearing?

If a defendant fails to attend the date specified in their summons or postal requisition, the court will issue a bench warrant. This legal mechanism is used to compel the defendant's attendance at the magistrates' court for the proceedings to continue.

Who decides if my case stays in magistrates' court or goes to the Crown Court?

For either-way offences, magistrates decide whether to keep the case or send it to the Crown Court. However, the defendant has a specific right to elect a trial in the Crown Court. If the defendant pleads guilty, the case proceeds directly to sentencing or is adjourned for a pre-sentence report.

What sentences can a magistrates' court impose?

If convicted, the court can impose several types of sentences, including an absolute or conditional discharge, a fine, a community order, or custody of up to 12 months per offence. For driving offences, disqualification may also be applied. All sentencing decisions must follow the Sentencing Council guidelines.

How can I appeal a decision made in magistrates' court?

A defendant can appeal to the Crown Court for a rehearing within 21 days of the decision. Alternatively, either the defendant or the prosecution can appeal by case stated on a point of law to the High Court. These are the primary routes for challenging a magistrates' court decision.

All Legal Journeys

Criminal Law

England & Wales

7 stages

3–9 months from charge to sentence

Reviewed 2026-05-21

Magistrates' Court Trial Journey

From charge or summons through plea, case management, summary trial, and sentence.

This page mainly applies to England and Wales. Scotland and Northern Ireland may have different rules — check the jurisdiction before relying on this information.

Who Uses This Journey

Defendants summonsed or charged with summary offences (e.g. minor assault, low-value criminal damage, most road traffic offences) or either-way offences kept by the magistrates.

Stage-by-Stage Timeline

First hearing

Within 28 days of charge for either-way / indictable; for summary it varies. Identity confirmed, charges read, plea taken.

Deadline: Date specified in summons or postal requisition

Common Mistakes to Avoid

Failing to attend — bench warrant issued

Plea

Guilty or not guilty. Guilty: case proceeds straight to sentence (or adjourned for pre-sentence report). Not guilty: case management form completed and trial date set.

Allocation (for either-way)

For either-way offences, magistrates decide whether to keep the case or send it to the Crown Court. Defendant has a right to elect Crown Court trial.

Case management directions

Trial date set (usually 8–16 weeks ahead). Defence statement, prosecution disclosure, witness requirements, special measures, and skeleton arguments all directed.

Trial

Prosecution opens, calls witnesses (cross-examined), defence responds. Burden on prosecution to prove beyond reasonable doubt. Verdict by majority of the bench.

Evidence Needed

Witness summons
Defence statement
Bad-character or hearsay applications if relevant

Sentence

If convicted, sentence on the day or adjourned for pre-sentence report. Sentencing follows the Sentencing Council guidelines.

Possible Outcomes

Discharge (absolute or conditional)
Fine
Community order
Custody (up to 12 months per offence)
Disqualification (driving)

Appeal

Defendant can appeal to the Crown Court (rehearing) within 21 days. Either party can appeal by case stated on a point of law to the High Court.

Official Sources

Criminal Procedure Rules 2025 Sentencing Council guidelines

Frequently asked questions

How long does a magistrates' court trial usually take?: The total timeframe from charge to sentence typically ranges between three and nine months. The first hearing must occur within 28 days of charge for either-way or indictable offences, though the timing varies for summary offences. Once a not guilty plea is entered, the trial date is usually set eight to 16 weeks ahead during case management.
What happens if I do not show up to my magistrates' court hearing?: If a defendant fails to attend the date specified in their summons or postal requisition, the court will issue a bench warrant. This legal mechanism is used to compel the defendant's attendance at the magistrates' court for the proceedings to continue.
Who decides if my case stays in magistrates' court or goes to the Crown Court?: For either-way offences, magistrates decide whether to keep the case or send it to the Crown Court. However, the defendant has a specific right to elect a trial in the Crown Court. If the defendant pleads guilty, the case proceeds directly to sentencing or is adjourned for a pre-sentence report.
What sentences can a magistrates' court impose?: If convicted, the court can impose several types of sentences, including an absolute or conditional discharge, a fine, a community order, or custody of up to 12 months per offence. For driving offences, disqualification may also be applied. All sentencing decisions must follow the Sentencing Council guidelines.
How can I appeal a decision made in magistrates' court?: A defendant can appeal to the Crown Court for a rehearing within 21 days of the decision. Alternatively, either the defendant or the prosecution can appeal by case stated on a point of law to the High Court. These are the primary routes for challenging a magistrates' court decision.