Magistrates' Court Trial Journey
From charge or summons through plea, case management, summary trial, and sentence.
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.
- 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.
- 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.
- 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.