What to expect at a magistrates' court
Short answer: A magistrates' court deals with less serious crimes and the first stage of serious ones. Your case is decided by two or three trained volunteers (magistrates) or a district judge. Most hearings are short, but you may wait a long time, so arrive early and bring your court letter.
The large majority of criminal cases in England and Wales are dealt with in a magistrates’ court, so it is the court most people will ever see. This guide explains what happens there, so you know what to expect on the day. It is general information, not legal advice.
The main points at a glance
- Your case is heard by a bench of two or three magistrates, or by one district judge.
- The court has a legal adviser who helps the magistrates with the law.
- Hearings are usually short, but waiting times can be long.
- You may be asked to say whether you plead guilty or not guilty.
- You can have a solicitor with you, and a free duty solicitor is normally available.
What a magistrates’ court deals with
Magistrates’ courts hear less serious criminal cases, such as minor theft, driving offences and public disorder. Lawyers call these summary offences. They also handle the first hearing in more serious cases. Some crimes are either-way offences, which means they can be dealt with in either the magistrates’ court or the Crown Court. The most serious cases are passed to the Crown Court after a short first appearance.
Magistrates’ courts also deal with some licensing matters, some family and civil cases, and youth cases. Youth court hearings are closed to the public.
Who will decide your case
| Decision-maker | Who they are |
|---|---|
| Lay magistrates | Unpaid volunteers from the local community, trained for the role. They usually sit as a bench of three. |
| District judge | A legally qualified professional who usually sits alone. |
| Legal adviser | A lawyer who sits in front of the bench and advises on the law and procedure. They do not decide the case. |
There is no jury in a magistrates’ court. The magistrates or the judge decide guilt, and if you are found guilty, the sentence.
What happens on the day
- Get through security. Expect a bag check and a scanner. See security checks at court.
- Find your courtroom. Check the lists on the screens or boards, or ask staff. Our guide to finding your courtroom helps.
- Tell the usher you are here. If you do not, the court may think you have not come.
- Speak to your solicitor. If you have none, ask about the duty solicitor.
- Wait to be called. Magistrates’ courts often list many cases at the same time, so you may wait.
- Go into court. You will be asked to confirm your name, address and date of birth, and to enter a plea if that is what the hearing is for.
Common types of hearing
| Hearing | What happens |
|---|---|
| First appearance | The charge is read out and you are asked how you plead. |
| Guilty plea | The court may sentence you straight away, or ask for a report first. |
| Not guilty plea | A trial date is set and the court gives directions for preparing. |
| Allocation (mode of trial) | For either-way offences, the court decides where the case should be heard. |
| Trial | Witnesses give evidence and the magistrates or judge decide the verdict. |
| Sentencing | The court decides the punishment after a guilty plea or verdict. |
Use the court list decoder if you do not understand a term on a list.
Possible outcomes
If you are found guilty, the court can choose from several sentences, depending on the offence and your circumstances:
- A discharge, where no punishment is given.
- A fine, paid within a set time or by instalments.
- A community order, which may include unpaid work or supervision.
- Driving penalties, such as penalty points or a ban.
- A compensation order to pay the victim.
- Custody for the most serious offences, or sending the case to the Crown Court for sentence.
If you are found not guilty, you are free to go and the case ends.
Single Justice Procedure
Some minor offences, such as certain traffic and fare evasion cases, are dealt with by a single magistrate who reads the papers without a public hearing. These are listed on a separate Single Justice Procedure list.
Before the day: what to sort out
Preparing a few days ahead takes much of the stress out of the day itself.
- Read your paperwork carefully. It tells you the court, the date and time, and what you are charged with or asked to do.
- Get advice early. A solicitor can explain your options and what is likely to happen. Free advice may be available, so ask about legal aid.
- Think about work and care. Ask your employer for time off, and arrange childcare. Children are not usually welcome in the courtroom, so check with the court if you have no alternative.
- Plan your journey. Check travel times and parking, and leave extra time. Our hearing day planner gives a suggested arrival time.
- Ask for support if you need it. Let the court know in advance if you need an interpreter or step-free access.
If you are a witness or a visitor
Witnesses are called by the prosecution or defence and wait in a separate area until it is their turn. Our guide to attending court as a witness explains what support is on offer. Visitors may sit in the public gallery, as long as the hearing is open to the public. Please stay quiet and keep your phone off.
Tips for the day
- Be on time. If you are late, the court may continue without you.
- Dress smartly. It is not required, but it shows respect for the process.
- Be polite. Address the bench as “Sir” or “Madam”, or “Your Worships” if there are three magistrates. The legal adviser can be addressed as “Sir” or “Madam”.
- Ask if you do not understand. Your solicitor or the legal adviser can explain.
- If something goes wrong, such as illness or a travel failure, contact the court at once. Do not just stay away.
Find your court
To check the address and today’s hearing list, use the magistrates’ courts directory. If you are going as a defendant, our defendant guide covers what to do before and after the hearing. Visitors should read the public gallery guide.
Frequently asked questions
Do I need a solicitor at a magistrates' court?
You do not have to have one, but it is wise to get legal advice. If you arrive without a solicitor, ask the court staff about the duty solicitor, who gives free advice at court on the day. Legal aid may also be available depending on your situation.
Will I go to prison at my first hearing?
That is very unlikely at a first appearance for a minor offence. Many cases end in a fine, a community sentence or a discharge. Custody is possible for some offences, so speak to a solicitor about your own case.
How long will I be at the court?
The hearing itself may only last a few minutes, but you may wait for hours before your case is called. Plan to be there for most of the morning or day, and do not leave without telling the usher or your solicitor.
What happens if I plead not guilty?
The court will set a date for a trial, usually some weeks later. You will be told what you need to do before then, such as telling the court which witnesses you want to call. Your solicitor can help you prepare.
Can anyone watch a magistrates' court hearing?
Most adult hearings are open to the public. Youth court hearings are not. Our public gallery guide explains how to watch and what is expected of you.