Guidance

Magistrates’ Court

A guide to magistrates’ courts in England and Wales. It explains first hearings, pleas, bail, trials, sentencing, legal aid, support for victims and witnesses, youth courts, appeals and attending court.

From:
Criminal Justice Hub
Published
Last updated
Applies to
England and Wales
All sections on this page

Most criminal cases in England and Wales begin in the magistrates’ court. It deals with less serious criminal cases, handles the first hearing in more serious cases, and makes decisions about bail, custody and where a case should be tried.

This guide explains what usually happens and where to find help. It is general information, not legal advice. What happens in a particular case depends on the charge, the evidence, the stage of the case and the court’s decisions.

What you need to do now

If you have received a charge, summons, requisition or hearing notice:

  • read it carefully and check the date, time and court address;

  • get criminal law advice as soon as possible;

  • attend unless the court tells you that you do not need to; and

  • tell the court early if you need an interpreter, disability adjustment or other help to take part.

Do not ignore a hearing notice. If you cannot attend, tell your solicitor and contact the court as soon as possible. The court may continue without you, issue a warrant or take other action.

What does the magistrates’ court do?

The magistrates’ court deals with different types of criminal case:

  • Summary only offences are normally dealt with in the magistrates’ court.

  • Either way offences may be dealt with in the magistrates’ court or the Crown Court. Some theft, burglary and drug offences fall into this group.

  • Indictable only offences must be tried in the Crown Court. These include murder, rape and robbery. The first hearing will usually still take place in the magistrates’ court.

For an overview, see GOV.UK: criminal courts and Judiciary: magistrates’ courts.

Who decides the case?

There is no jury in the magistrates’ court. The case may be heard by:

  • a bench of magistrates, usually two or three trained volunteers who are not lawyers; or

  • a District Judge (Magistrates’ Courts), who is a legally qualified full time judge.

A legal adviser may advise magistrates on the law, court rules and procedure. The magistrates make the decision about guilt and sentence.

The first hearing: charge, plea, bail and venue

At the first hearing, the court may:

  • confirm the charge;

  • ask for a plea or an indication of plea;

  • decide whether the defendant is granted bail or kept in custody;

  • decide whether an either way case stays in the magistrates’ court or goes to the Crown Court;

  • sentence after a guilty plea, if the court is ready to do so; or

  • set a trial date and give directions if the plea is not guilty.

Get legal advice before entering a plea or making a decision about where an either way case should be tried.

Deciding which court will deal with an either way case

If an either way offence is alleged, the magistrates’ court first considers whether the case is suitable to be tried there. The court considers the seriousness of the allegation, the likely sentence if there is a conviction, and whether there are unusual legal, factual or procedural issues.

If the magistrates decide that the case can be tried there, a defendant who indicates a not guilty plea may usually choose trial in the Crown Court before a jury. This is sometimes called electing jury trial. If the magistrates decide their powers are insufficient, the case is sent to the Crown Court.

This is an important decision. Get legal advice before making a choice about trial venue. See CPS: allocation, sending and committal for sentence and Criminal Procedure Rules 2025.

Bail and being kept in custody

The court may grant bail, meaning that the defendant is released while the case continues. Bail may have conditions, such as living at a particular address, not contacting named people, avoiding particular places, a curfew or electronic monitoring.

The court may instead remand the defendant in custody, meaning that they are kept in prison until the next hearing or trial. The court considers whether there are substantial grounds for concerns such as non attendance, further offending, interference with witnesses or obstruction of justice.

Follow every bail condition. A breach of bail conditions or failure to attend court can lead to arrest and a fresh decision about custody. The main legal framework is the Bail Act 1976.

What happens at a magistrates’ court trial?

There is no jury. The magistrates or District Judge decide whether the prosecution has proved the case.

The prosecution presents its evidence first. The defence can challenge that evidence and may present evidence of its own. The side calling a witness asks questions first. The other side may then cross examine the witness.

A defendant does not have to give evidence. Get legal advice before deciding whether to do so.

After the evidence and any legal arguments, the magistrates or District Judge decide whether the defendant is guilty or not guilty. Some trials finish in one day; others take longer.

Sentencing

If a person pleads guilty or is found guilty, the court may sentence them straight away or arrange a later sentencing hearing.

Sentences can include a fine, discharge, community order, compensation, driving disqualification or custody. A community order can include requirements such as unpaid work, rehabilitation activities, treatment or a curfew.

The maximum sentence a magistrates’ court can impose depends on the offence and the circumstances. If the court considers its powers are insufficient, it may send the case to the Crown Court for sentence.

A suspended sentence is a prison sentence that does not take effect immediately. If the person commits a further offence or breaches its requirements, the court may deal with the suspended sentence.

See GOV.UK: criminal courts for a general overview of magistrates’ court sentencing powers.

If you have been arrested, charged or told to attend court, seek criminal law advice as soon as possible. You may be able to use the court duty solicitor or instruct your own criminal defence solicitor.

Legal aid in the magistrates’ court is not automatic. It usually depends on a financial assessment and an interests of justice assessment. This considers matters such as the seriousness and complexity of the case and whether the person may lose their liberty.

Find out more at GOV.UK: legal aid if you have been arrested or charged and GOV.UK: criminal legal-aid means testing.

If you are a victim or witness

You will usually be told if and when you need to attend court. If you are worried about giving evidence, tell the police, Witness Care Unit, Crown Prosecution Service (CPS) or a witness support service as soon as possible.

The court may be asked to provide special measures for eligible vulnerable or intimidated witnesses. These can include screens, live link evidence, recorded evidence, help from an intermediary, or other communication support. The magistrates or District Judge decide whether these arrangements are used.

For more information, see GOV.UK: going to court as a victim or witness and GOV.UK: extra protection in the courtroom.

Young people in court

A youth court is a specialist type of magistrates’ court for defendants aged 10 to 17. It has no jury. A parent or guardian must attend for a defendant under 16, and may be required to attend for a 16 or 17 year-old.

Youth court hearings are not normally open to the public. There are usually restrictions on publishing information that identifies a child or young person involved in the proceedings.

See GOV.UK: youth courts.

Going to court: practical information

  • Read the hearing notice carefully and take it with you.

  • Arrive early and allow extra time for security.

  • Bring your case number and any papers your solicitor has asked you to bring.

  • Expect delays. The time on the notice may not be the time your case is called.

  • Do not bring original evidence or large bundles without first asking your solicitor or the court.

  • Food and drink rules vary. Security may inspect items you bring.

  • Arrange childcare if possible. Do not assume children can remain in the building or attend the hearing; check with the court first.

  • Follow the usher’s instructions, including when to wait, enter, stand or sit.

Courtrooms vary. Ask the usher or another court staff member where to sit and what will happen if you are unsure.

If you need help to take part

Tell the court as early as possible if you need:

  • an interpreter;

  • wheelchair access or other mobility support;

  • hearing assistance, large print or a communication aid;

  • extra breaks or a quiet waiting space;

  • help because you are neurodivergent, have a learning disability or have a mental health need; or

  • breastfeeding or expressing milk facilities.

The court may be able to make reasonable adjustments. Do not wait until the hearing day if you can avoid it.

Watching a hearing and reporting restrictions

Adult magistrates’ court hearings are usually open to the public and media. However, some hearings are private and reporting restrictions may apply.

You may normally sit quietly in the public gallery and take notes. Do not photograph, film or record in the court building unless the court has expressly allowed it. Turn your phone off in the courtroom.

Journalists can usually report public hearings, but reporting restrictions must be followed. Access to court documents is governed by court rules and is not automatic.

Appeals

If a person pleaded not guilty and is convicted in the magistrates’ court, they may be able to appeal against conviction, sentence or both to the Crown Court. If they pleaded guilty, they can usually appeal against sentence only.

An appeal to the Crown Court will usually need to be started within 15 working days of sentencing. Other challenge routes have different rules and time limits. Get legal advice immediately if you are considering an appeal.

See GOV.UK: appeal a magistrates’ court decision and GOV.UK: when to appeal to the Crown Court.

Key points to remember

  • Most criminal cases begin in the magistrates’ court.

  • Read your hearing notice and do not miss a hearing unless the court tells you that you do not need to attend.

  • Get legal advice before entering a plea or deciding where an either way case should be tried.

  • The court may grant bail with conditions or remand a defendant in custody.

  • There is no jury in the magistrates’ court.

  • A defendant does not have to give evidence.

  • Tell the court early if you need an interpreter, an adjustment or practical support.

  • Youth court proceedings have different privacy and reporting rules.

  • Get legal advice quickly if you are considering an appeal.

Official sources

This guide provides general information, not legal advice. Seek advice from a qualified criminal solicitor or barrister about your own case.

About this information

Last updated:

Updates to this page

  1. Corrected formatting of the guide.

  2. This guide has been rewritten to explain the first hearing, bail, pleas and decisions about where an either way case is tried. It updates sentencing and appeal information, separates guidance for defendants, victims, witnesses and the public, and gives clearer advice on legal aid, adjustments, attendance, security and reporting restrictions.