Magistrates Court

Lower level offences, such as traffic offences, low level theft and criminal damage, common assault, possession of drugs and disorderly behaviour may be dealt with at the magistrates court. All cases begin at a magistrates’ court. If you are charged or receive a postal requisition, you will initially appear at magistrates court.

Prior to your first appearance before the magistrates court, if there is material information that has not previously been brought to the attention of the police; information that may have affected the decision to charge you, it is important to bring this information to the attention of the Crown Prosecution Service (CPS) as soon as possible. This can be done by way of representations to discontinue a case, which can be submitted to the CPS along with a request to review the case in light of those representations. If those representations are successful, then the case against you may be withdrawn. If those representations are unsuccessful, then the case will proceed, and you will have the benefit of having raised your defence at an early stage and thereby limit any adverse inference being drawn by a judge/jury.

At your first appearance, the court may take indication of your plea and determine whether the case will be heard at the magistrates’ or crown court. These decisions will in the first instance be based on what type of offence has been alleged and secondly the circumstances of your particular case. If you are charged with a summary offence (such as those mentioned above), your case will be heard at the magistrates court. If you are charged with an either way offence, your case can be heard in either the magistrates or crown court and if charged with an indictable offence, then your case must be heard in the crown court. If your case is to proceed to trial or transferred to the crown court, your case will have to be adjourned to a future date. However, if you plead guilty and are to be sentenced this may be done on the same day, unless more time is required for the preparation of a pre-sentence report.