What Happens at a Magistrates Court Hearing?
The magistrates' court deals with the vast majority of criminal cases in England and Wales. Understanding what to expect can help you prepare and reduce anxiety.
Quick Answer
Most criminal cases begin and many end in the magistrates' court. Depending on the type of offence, you may enter a plea, have a trial, or be committed to the Crown Court for more serious matters. Magistrates (or a District Judge) decide both guilt and sentence in magistrates' court proceedings — there is no jury.
Full Explanation
The magistrates' court handles around 95% of all criminal cases in England and Wales. It deals with summary-only offences (which can only be tried in the magistrates' court, such as minor traffic offences and common assault), either-way offences (which can be tried in either court, such as theft and assault occasioning actual bodily harm), and the early stages of indictable-only offences (which must ultimately be tried in the Crown Court, such as murder, rape, and robbery).
At an initial hearing, you will be asked to confirm your name and address, and you will enter a plea — guilty or not guilty. If you plead guilty to a summary or either-way offence, the court may sentence you immediately or adjourn for a pre-sentence report (PSR) to be prepared by the Probation Service. For either-way offences, the court will consider whether the offence is serious enough for Crown Court trial; you also have the right to elect jury trial at the Crown Court.
If you plead not guilty, a trial date will be set. Magistrates' court trials are heard before two or three lay magistrates (Justices of the Peace) assisted by a legal adviser, or before a professionally qualified District Judge sitting alone. There is no jury. The prosecution presents its case first; then the defence responds. The magistrates decide both guilt and, if convicted, sentence.
Maximum sentences in the magistrates' court are generally six months' imprisonment per offence (up to twelve months for two or more either-way offences). For summary-only offences, the maximum depends on the offence. For more serious either-way offences, the magistrates can commit to the Crown Court for sentence.
You have the right to be legally represented at any hearing. If you cannot afford a solicitor, you may qualify for legal aid. You can represent yourself, but this is inadvisable for contested hearings.
Legal Basis
- §Magistrates' Courts Act 1980
- §Crime and Disorder Act 1998
- §Sentencing Act 2020
- §Criminal Procedure Rules 2025
What To Do
Instruct a Solicitor or Apply for Legal Aid
Contact a criminal solicitor as soon as you receive your summons or are bailed to appear. Apply for legal aid — it is means-tested but available to most people facing criminal charges. The solicitor will advise on your plea and likely outcomes.
Attend Court on Time
Arrive at the court building at least 30 minutes before your listed time. Check the court lists posted at the entrance or at the court office. Bring any relevant documents and your solicitor's details.
Enter Your Plea
When called before the magistrates, confirm your name, address, and date of birth. You will be asked to enter a plea. Your solicitor will advise you beforehand. If pleading not guilty, the court will set a trial date.
If Pleading Guilty — Mitigate
Your solicitor will address the court in mitigation: explaining the background, your personal circumstances, and any factors that reduce the seriousness of the offence. A guilty plea at the first opportunity earns a one-third reduction in sentence.
If Pleading Not Guilty — Prepare for Trial
You will receive disclosure of the prosecution evidence. Review it carefully with your solicitor. Identify witnesses, consider any legal arguments (e.g., abuse of process, admissibility of evidence), and prepare your defence case.
Important Warnings
A guilty plea at the first available opportunity earns a sentence discount of up to one-third — entering a late guilty plea attracts a smaller reduction.
Attendance is mandatory — if you do not appear, a bench warrant will be issued for your arrest.
Convictions in the magistrates' court result in a criminal record regardless of the sentence — even a fine or conditional discharge is a conviction.
What the CPS charging guidance says
“the procedure in section 17A Magistrates’ Court Act 1980 should be followed: the charge, which must be in writing, should be read out to the defendant who should be present.”
Crown Prosecution Service, Allocation, Sending and Committal for Sentence — Contains public sector information licensed under the Open Government Licence v3.0.
Frequently asked questions
- What happens at the first court hearing?
- At an initial hearing, you confirm your name and address and enter a plea of guilty or not guilty. If you plead guilty to a summary or either-way offence, the court may sentence you immediately or adjourn for a pre-sentence report. If you plead not guilty, the court sets a trial date. For either-way offences, the court also considers whether the case is serious enough for the Crown Court.
- Is there a jury in magistrates' court?
- No, there is no jury in magistrates' court proceedings. Cases are heard by two or three lay magistrates (Justices of the Peace) assisted by a legal adviser, or by a professionally qualified District Judge sitting alone. These judges decide both guilt and, if convicted, the sentence.
- What types of criminal cases are heard in magistrates' court?
- The magistrates' court handles around 95% of all criminal cases in England and Wales. It deals with summary-only offences, such as minor traffic offences and common assault. It also handles either-way offences, like theft, and the early stages of indictable-only offences, such as murder, which must ultimately be tried in the Crown Court.
- What is the maximum sentence a magistrates' court can give?
- Maximum sentences in the magistrates' court are generally six months' imprisonment per offence, or up to twelve months for two or more either-way offences. For summary-only offences, the maximum depends on the specific offence. For more serious either-way offences, the magistrates can commit the case to the Crown Court for sentencing.
- Do I need a solicitor for a magistrates' court hearing?
- You have the right to be legally represented at any hearing. If you cannot afford a solicitor, you may qualify for legal aid, which is means-tested. While you can represent yourself, the information advises against this for contested hearings. You should contact a criminal solicitor as soon as you receive your summons or are bailed to appear.
- What happens if I do not attend my court hearing?
- Attendance is mandatory. If you do not appear at your hearing, a bench warrant will be issued for your arrest. Additionally, any conviction in the magistrates' court results in a criminal record, regardless of the sentence imposed, including fines or conditional discharges.