If you have been charged with a criminal offence or received a summons to appear in court, the prospect of attending the Magistrates Court can feel overwhelming — particularly if you have never been before. Understanding what to expect, how the process works, and what decisions you may face on the day can make a significant difference to how you approach your case. This guide explains everything you need to know before your hearing.
Our criminal defence solicitors in Bolton represent clients at the Magistrates Court regularly and are here to guide you through every stage of the process.
What Is the Magistrates Court?
The Magistrates Court is the entry point for almost all criminal cases in England and Wales. Around 95% of all criminal matters are dealt with entirely at this level — from minor motoring offences and low-level public order matters through to more serious offences that may later be sent to the Crown Court.
Cases at the Magistrates Court are heard by either a panel of lay magistrates (also called justices of the peace) or, in busier courts, a District Judge sitting alone. Unlike the Crown Court, there is no jury at the Magistrates Court — the magistrates or District Judge decide both questions of guilt and sentence.
What Types of Cases Does the Magistrates Court Deal With?
Criminal offences in England and Wales fall into three categories, and the category determines where a case is heard:
Summary Only Offences
These are the least serious offences and can only be heard at the Magistrates Court. They include most motoring offences, minor assault, being drunk and disorderly, and low-value criminal damage. The maximum sentence a Magistrates Court can impose for a single summary offence is generally 6 months in custody.
Either Way Offences
These offences can be heard either at the Magistrates Court or the Crown Court. Common examples include theft, fraud, drug supply, and assault occasioning actual bodily harm (ABH). The defendant has the right to elect Crown Court trial for either way offences, and the magistrates also have the power to send the case to the Crown Court if they consider their sentencing powers insufficient.
Indictable Only Offences
The most serious offences — including murder, manslaughter, rape, and serious fraud — can only be heard at the Crown Court. The Magistrates Court’s role in these cases is limited to an initial hearing at which the case is formally sent up to the Crown Court. Our Crown Court representation team handles cases at this level.
What Happens at the First Hearing?
The first hearing at the Magistrates Court is often referred to as the first appearance or initial hearing. What happens at this stage depends on the type of offence and whether you intend to plead guilty or not guilty.
Entering Your Plea
In most cases you will be asked to enter a plea — guilty or not guilty — at or shortly after your first appearance. This is one of the most consequential decisions in any criminal case and should never be made without legal advice. The timing of a guilty plea affects the level of credit the court gives — an early guilty plea typically attracts a reduction of up to one third off the sentence.
If you are uncertain about your plea, or if you need time to take advice, it is possible in some circumstances to adjourn for this purpose. A solicitor can advise you on the strength of the evidence against you and the realistic implications of each option before you decide.
Bail or Custody
At every hearing, the court will consider whether you should be released on bail or remanded in custody until the next hearing or trial. If bail is granted, conditions may be attached — such as a curfew, a requirement to report to a police station, or a prohibition on contacting certain individuals. If bail is refused, you will be held on remand until your next court date.
Our police station representation and court teams can make bail applications on your behalf at any stage.
If You Plead Guilty
If you plead guilty at the first hearing, the court may proceed to sentence you on the same day if the offence is straightforward and the court has all the information it needs. In more complex cases, sentencing may be adjourned for the preparation of a pre-sentence report by the Probation Service, which assesses your background and recommends a sentencing approach.
At the sentencing hearing, your solicitor will present a mitigation — a structured legal submission on your behalf explaining the circumstances of the offence, your personal background, and any factors the court should take into account when deciding the appropriate sentence. The quality of mitigation can make a genuine difference to the outcome, particularly in cases that sit on the boundary between custody and a non-custodial sentence.
If You Plead Not Guilty
If you plead not guilty, the case will be adjourned for a trial. At the Magistrates Court, trials are heard without a jury — the magistrates or District Judge hear the evidence from both sides and decide whether the prosecution has proved the case beyond reasonable doubt.
Before the trial, there will typically be one or more preparation hearings at which the court manages the case — dealing with matters such as the disclosure of evidence, the availability of witnesses, and any legal arguments to be resolved before the trial begins.
Disclosure
The prosecution is legally required to disclose to the defence all material that may undermine their case or assist yours. This includes witness statements, CCTV footage, forensic reports, and any other evidence gathered during the investigation. Reviewing disclosure carefully is a critical part of preparing any not guilty defence.
Trial
At trial, the prosecution presents its evidence first — calling witnesses who can be cross-examined by your solicitor. You then have the opportunity to give evidence yourself (though you are not obliged to) and call any witnesses in support of your defence. Both sides then make closing submissions before the court delivers its verdict.
If you are found not guilty, you are acquitted and free to go. If found guilty, the court will proceed to sentencing either immediately or at a subsequent hearing.
What Sentences Can the Magistrates Court Impose?
The Magistrates Court has a range of sentencing options available, including:
- Absolute or conditional discharge — no punishment, or a period during which the defendant must not reoffend
- Fine — calculated by reference to the defendant’s income and the seriousness of the offence
- Community order — unpaid work, rehabilitation programmes, curfews, or other requirements
- Suspended sentence — a custodial sentence that is not immediately served, subject to conditions
- Immediate custody — up to 6 months for a single offence, or up to 12 months for two or more either way offences sentenced together
Where the Magistrates Court considers its sentencing powers insufficient — for example where the offence is particularly serious — it can commit the case to the Crown Court for sentence, where significantly longer sentences are available.
Can the Magistrates Court Send Your Case to the Crown Court?
Yes — in two circumstances:
For trial: If the offence is either way and the magistrates decide their sentencing powers would be insufficient if you were convicted, or if you elect Crown Court trial yourself, the case will be sent to the Crown Court for trial before a judge and jury.
For sentence: Even if you are convicted at the Magistrates Court, it can commit you to the Crown Court for sentence if it considers a more severe sentence is warranted than it has power to impose.
Do You Need a Solicitor at the Magistrates Court?
You are not legally required to have a solicitor, but it is strongly advisable in almost every case. A solicitor can advise you on your plea, challenge the prosecution evidence, make bail applications, present effective mitigation at sentencing, and identify whether there are any legal arguments that could result in the case being dismissed.
The difference between represented and unrepresented defendants in terms of outcome is well documented. Courts see unrepresented defendants regularly and while magistrates aim to be fair, they cannot advise you on the law or how to present your case most effectively.
Our Magistrates Court representation team will attend court with you, advise you at every stage of the hearing, and present the strongest possible case on your behalf.
How Hi Solicitors Can Help
Whether you are appearing at the Magistrates Court for the first time or facing a more complex case with the possibility of Crown Court committal, our solicitors in Bolton are here to help. We provide clear, practical advice from the moment you instruct us — explaining exactly what is going to happen, what the realistic outcomes are, and what we will do to achieve the best possible result for you.
We understand how daunting the court process can be, particularly if it is your first experience of the criminal justice system. Our job is to stand alongside you, handle the legal complexity, and make sure your voice is heard effectively.
Call 01204 371 414 for a free initial consultation with our criminal defence solicitors. We are available 24 hours a day, 7 days a week.
187b Derby St, Bolton, BL3 6JT · hisolicitors.co.uk
Frequently Asked Questions
Q: Do I have to go to the Magistrates Court if I receive a summons?
Yes. Failing to attend court after receiving a summons is a separate criminal offence and will result in a warrant being issued for your arrest. If you have received a summons and are unable to attend on the date given, contact a solicitor immediately — it may be possible to apply for an adjournment, but this must be done in advance and with a valid reason.
Q: Can I represent myself at the Magistrates Court?
Yes, you are legally entitled to represent yourself. However, it is not advisable in most cases. Court procedure, rules of evidence, and sentencing guidelines are complex, and an unrepresented defendant is at a significant disadvantage compared to a represented one. A solicitor can identify weaknesses in the prosecution case, make effective legal arguments, and present mitigation in the most persuasive way.
Q: What should I wear to the Magistrates Court?
There is no strict dress code, but smart, respectful clothing is advisable. The court is a formal setting and presenting yourself appropriately demonstrates respect for the process, which magistrates do notice. Avoid casual clothing such as sportswear or clothing with prominent logos.
Q: How long does a Magistrates Court hearing take?
A first hearing where a guilty plea is entered and the case is straightforward can be dealt with in 20 to 30 minutes. A not guilty plea hearing to set a trial date may also be brief. A full trial at the Magistrates Court typically takes between half a day and a full day depending on the number of witnesses and the complexity of the evidence.
Q: What happens if I plead guilty at the Magistrates Court?
The court will proceed to sentence you, either on the same day or at a later hearing after a pre-sentence report has been prepared. Your solicitor will present mitigation on your behalf before sentence is passed. An early guilty plea attracts credit — typically up to one third reduction in sentence — so the timing of your plea matters considerably.
Q: What is the difference between the Magistrates Court and the Crown Court?
The Magistrates Court handles the majority of criminal cases and is presided over by lay magistrates or a District Judge — there is no jury. The Crown Court handles the most serious cases and trials are heard before a judge and jury. The Crown Court has significantly greater sentencing powers. Cases can be sent from the Magistrates Court to the Crown Court either for trial or for sentence where the magistrates consider their powers insufficient.
Q: Can I get legal aid for Magistrates Court proceedings?
Potentially, yes. Legal aid for Magistrates Court proceedings is means and merits tested — you must demonstrate both that you cannot afford to pay privately and that it is in the interests of justice for you to be represented. A solicitor can advise you on whether you are likely to qualify and assist with the application.
