What to expect in a magistrates' court

How do magistrates' courts fit within the whole court system?

• There are four types of criminal court in the justice system—county court, high court, crown court and magistrates' court.
• There are more than 700 magistrates' courts in the UK.

What's happens inside a court?

• Most court appearances take place within a courtroom with a public gallery, although sometimes they will be held in a private room that is closed to the public.

Who works in a magistrate's court?

• The clerk of the court has a vital role, advising the court and overseeing proceedings.
• Magistrates are local volunteers drawn from all walks of life. Cases are heard by a team of three lay magistrates.
• Sometimes cases in magistrates' courts are heard by a District Judge. District Judges are legally trained professionals.
• For people who don't have their own lawyer, there is always a duty lawyer at court who can give you advice. Make sure you get there in good time if you want to talk to the duty lawyer.
• The court usher introduces each case and ensures that court business runs smoothly.

What happens at a trial?

• Pre-trial hearings take place within a few days of any charges being brought. They don't usually take long and are used to decide whether a full trial will go ahead and at which court it should be heard.
• If your case goes to trial at a magistrates' court, there is no jury. The case will be heard according to this basic structure:



• prosecution case
• prosecution witnesses
• defence witnesses
• defence closing speech
• the decision
• mitigation

What sentence might I get?

• Eighty per cent of cases heard at a magistrates' court result in a fine. Magistrates can impose fines up to £5,000.
• An absolute discharge is used when someone is found guilty but the court decides that no punishment is required.
• A conditional discharge can be given for a set period of up to two years. If the person breaks the law again within this time, they will be sentenced for the new crime and might also get another sentence for the original crime.
• Magistrates can impose a community service sentence of between 40 and 240 hours.
• The maximum sentence a magistrates' court can impose is six months for one offence and 12 months for two or more offences. If the magistrates feel this isn't enough, they can send the defendant to crown court for sentencing.

Is there any other advice about appearing in court?

• If you must appear in court, make a good impression by dressing smartly.
• Make sure you are fully prepared for your court appearance and understand what to expect by getting proper legal advice.