Your first court hearing after being charged will usually take place at a Magistrates’ Court, even if the case may later move to the Crown Court. Depending on the allegation, the court can consider your plea, bail and the next procedural steps. Obtaining legal advice before the hearing helps you understand the charge and avoid making an uninformed decision.
Before the hearing
Read the charge sheet, postal requisition or summons carefully. Check the hearing date, time and court address, and arrive early enough to pass through security. Bring your paperwork and details of any bail conditions.
A criminal defence solicitor can obtain the available prosecution information, advise you about plea and venue, address bail and identify evidence that may need to be preserved.
What can happen at the first hearing?
Almost all criminal cases begin in a Magistrates’ Court. The case may be heard by magistrates supported by a legal adviser, or by a District Judge. The court may:
- confirm your identity and the charge;
- ask for a plea or an indication of plea, where the procedure requires it;
- decide whether the case should remain in the Magistrates’ Court or go to the Crown Court;
- consider bail or remand in custody; and
- set dates and directions for the next stage.
Some cases can conclude at the first hearing following a guilty plea. If a not guilty plea is entered in a case staying in the Magistrates’ Court, the court will usually identify the disputed issues and arrange a trial.
Plea and where the case will be heard
Summary-only offences are normally dealt with in the Magistrates’ Court. Indictable-only offences are sent to the Crown Court. For an either-way offence, the magistrates or District Judge consider whether the case is suitable for summary trial. In some circumstances, a defendant may choose Crown Court trial.
A plea can have important consequences. Do not feel pressured to decide before you have received advice and understood the prosecution allegation.
Will bail be decided?
The court may grant bail, impose conditions or remand a defendant in custody. The prosecution and defence can make representations before the court decides. Tell your solicitor promptly about your address, work, caring responsibilities and any information relevant to bail.
Frequently asked questions
Do I have to attend the first hearing?
Usually, yes. Follow the instructions on your charge sheet, summons or requisition. Failing to attend without a valid reason can have serious consequences. Ask a solicitor or the court if you are genuinely uncertain.
Should I speak to witnesses before court?
Do not contact anyone if a bail condition prohibits it. Even without such a condition, discuss proposed contact with your solicitor first to avoid allegations of interference or misunderstanding.
Official sources
- GOV.UK: Being charged with a crime
- GOV.UK: Criminal Procedure Rules 2025 and Criminal Practice Directions 2023
- CPS: The first hearing in the Magistrates’ Court
- GOV.UK: Bail after charge
This article provides general information about criminal procedure in England and Wales and is not advice about any individual case.
Ghafar Khan, Criminal Defence Solicitor and High Court Advocate
24/7 mobile: 07500 556587
Email: notguilty@ghafarkhan.com
Acting throughout England and Wales
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