Criminal court representation
All criminal cases begin in a Magistrates’ Court. Clear advice before the first hearing can protect your position on bail, plea, allocation, trial preparation and sentence.
Cases heard in the Magistrates’ Court
Magistrates’ Courts usually deal with summary offences and can also hear some either-way offences. The most serious indictable offences are sent to the Crown Court.
- Assault and public-order allegations
- Theft, shoplifting and criminal damage
- Driving, drugs and weapons offences
Preparation from the first hearing
The defence team reviews the charge, prosecution papers, identification, CCTV, witness evidence and any procedural issues. You receive practical advice about plea, venue, bail and the evidence needed for trial or mitigation.
- Bail applications and conditions
- Case management and disclosure
- Trial advocacy and mitigation
Cases moving to the Crown Court
If a case is sent or committed to the Crown Court, continuity of preparation is important. The case strategy can be carried forward with specialist advocacy arranged where required.
What should I do before my first Magistrates’ Court hearing?
- Keep your charge sheet, postal requisition, bail notice and court paperwork together and check the hearing date, time and court carefully.
- Comply with every bail condition unless and until the court or police lawfully changes it.
- Preserve CCTV, messages, photographs, receipts, location data or witness details that may assist the defence.
- Tell your solicitor about medication, disability, language or other needs that may affect attendance or participation at court.
- Do not contact a complainant or witness where prohibited, and do not try to persuade anyone to change their account.
- Obtain advice before entering a plea, particularly if you have not yet understood the evidence or the consequences of the plea.
If you were recently charged by police, the separate guide to post-charge bail explains the period before court. If your case is sent for jury trial, see Crown Court defence representation.
Common questions
Is there a jury in the Magistrates’ Court?+
No. Cases are heard by magistrates or a District Judge.
Can a Magistrates’ Court case go to the Crown Court?+
Yes. Serious cases are sent to the Crown Court, and some cases may also go there for trial or sentence.
What happens at my first Magistrates’ Court hearing?+
Your first hearing can deal with the charge, plea, bail and where the case should be heard. If the allegation is an either-way offence, the court may consider whether it should remain in the Magistrates’ Court or move to the Crown Court. It is important to obtain advice before the hearing so you understand the allegation, the prosecution papers and the decisions you may be asked to make.
Do I need a solicitor at the Magistrates’ Court?+
You can represent yourself, but a criminal solicitor can advise on plea, bail, evidence, allocation, trial preparation and sentence. The consequences of an early decision can be significant, particularly where the allegation could ultimately be sent to the Crown Court.
Will I have to plead guilty or not guilty at the first hearing?+
A plea may be taken at the first hearing depending on the offence and whether the case is ready. Do not enter a plea simply because you feel under pressure to make a quick decision. You should understand the charge, the available prosecution material and the legal consequences first.
Can I be sent to prison from the first hearing?+
The court may need to decide bail, and in some cases a defendant can be remanded in custody. If there is a guilty plea, sentencing may sometimes take place immediately, although the court may adjourn for further information. The precise risk depends on the allegation, record, bail position and circumstances.
Can my case be sent to the Crown Court?+
Yes. The most serious indictable offences are sent to the Crown Court, and some either-way cases may also be dealt with there. The route depends on the offence, the court’s powers and, in some cases, decisions about trial venue.
What happens if I plead not guilty?+
If the case is to remain in the Magistrates’ Court, the court can give directions for trial preparation, identify the issues and fix a trial date. The defence should review the prosecution evidence, identify material to obtain and prepare any applications or witnesses needed for trial.
Speak to Ghafar Khan now.
For urgent criminal defence advice, call the 24/7 number.