Going to court for the first time is nerve-wracking, whether it's you in the dock or you're there to support someone. Magistrates' courts handle the vast majority of criminal cases in England and Wales — around 95% of them, in fact — so it's worth understanding how they work.
What Is a Magistrates' Court?
A magistrates' court deals with less serious criminal offences (known as summary offences) and the initial hearings for more serious cases that will eventually go to a Crown Court. Cases are heard by either a panel of three lay magistrates (volunteers from the community who've been trained) or a single district judge. Our guides explain what to expect in cases involving drink driving, common assault and shoplifting.
There's no jury in a magistrates' court. Decisions on guilt and sentencing are made by the magistrates or judge directly.
Arriving at Court
You'll usually be told to arrive at least 30 minutes before your hearing. When you get there, you'll need to check in at the reception desk or with an usher. They'll confirm your details and tell you which courtroom to go to.
Most magistrates' courts have a waiting area with seating. It's worth noting that these can be busy and somewhat chaotic, especially on Monday mornings when there's a backlog from the weekend.
If you have a solicitor, try to find them in the building before your case is called. There are usually consultation rooms where you can speak privately.
What Happens in the Courtroom
The courtroom layout is fairly standard:
When your case is called, you'll be asked to stand in the dock. The charge will be read out and you'll be asked to enter a plea — guilty or not guilty.
What to Wear
There's no strict dress code, but you should dress smartly and respectfully. Think along the lines of what you'd wear to a job interview. Avoid anything with offensive slogans, and remove hats and hoods when entering the courtroom.
Magistrates do take note of how you present yourself. It won't change the facts of your case, but first impressions matter — it shows you're taking the process seriously.
If You Plead Guilty
If you plead guilty, the prosecution will outline the facts of the case. Your solicitor (if you have one) will then make a speech in mitigation — explaining any circumstances the court should consider before sentencing. You may be sentenced on the same day, or the case might be adjourned for pre-sentence reports.
If You Plead Not Guilty
If you plead not guilty, a trial date will usually be set. At the trial, the prosecution presents its case first, calling witnesses and presenting evidence. The defence then has the chance to challenge that evidence and present its own case.
You have the right to give evidence yourself, but you're not obliged to. Your solicitor will advise you on whether it's in your interest to do so.
Possible Sentences from a Magistrates' Court
Magistrates can impose a range of sentences, including:
If the offence is too serious for magistrates to sentence, they can commit your case to the Crown Court for sentencing.
Legal Representation and Legal Aid
You don't have to have a solicitor at magistrates' court, but it's strongly recommended — especially if there's any chance of a prison sentence. If you can't afford a solicitor, you may be eligible for legal aid. You can check your eligibility and apply at gov.uk/legal-aid.
Duty solicitors are also available at most magistrates' courts. They provide free legal advice on the day, even if you haven't arranged representation in advance.
Frequently Asked Questions
Can I bring family or friends to magistrates' court?
Yes. Magistrates' court hearings are generally open to the public. Family and friends can sit in the public gallery unless the court orders otherwise (for example, in cases involving vulnerable witnesses or young defendants).
How long does a magistrates' court hearing take?
A straightforward guilty plea can be dealt with in 20-30 minutes. A contested trial might take half a day or a full day, depending on the number of witnesses and complexity.
Will I definitely go to prison if I'm found guilty?
Not necessarily. Prison is usually a last resort for magistrates. For many offences, you're more likely to receive a fine or community order, especially for first-time offenders.
What happens if I don't turn up to magistrates' court?
If you fail to appear, the court will likely issue a warrant for your arrest. You could be held in custody until your next hearing. It also reflects very badly on your case.
Can magistrates send me to Crown Court?
Yes. If the offence is an "either way" offence (meaning it can be heard at either court), the magistrates may decide the case is too serious for them and send it to Crown Court. You also have the right to elect Crown Court trial for either way offences.