What Happens at the Magistrates' Court? A Complete Guide (2026)
In Brief
All criminal cases in England and Wales begin at the Magistrates’ Court. Whether you have been charged with a minor motoring offence or a serious criminal matter, your first court appearance will take place before a Magistrates’ Court. At this hearing, you will be asked to confirm your identity, hear the charges against you, and often enter a plea of guilty or not guilty. The Magistrates’ Court will also decide whether to grant bail or remand you in custody. Since November 2024, the Magistrates’ Courts have had increased sentencing powers and can now impose up to 12 months’ imprisonment for a single either-way offence. If you are facing a court appearance, having an experienced criminal defence solicitor by your side from the outset can make a significant difference to the outcome of your case.
What Is the Magistrates’ Court?
The Magistrates’ Court is the lowest level of criminal court in England and Wales, but it handles the vast majority of criminal cases – around 95% of all criminal proceedings are dealt with entirely in the Magistrates’ Court.
Cases are heard by either a bench of two or three magistrates (also known as Justices of the Peace), who are trained volunteers from the local community, or by a single district judge, who is a qualified lawyer. Neither magistrates nor district judges sit with a jury. A legally qualified court clerk (also called a legal adviser) is always present to advise the bench on points of law and procedure.
Unlike the Crown Court, the Magistrates’ Court is designed to deal with cases more quickly and informally. There are no wigs or gowns, and the proceedings tend to be less adversarial. However, the consequences of a conviction can still be serious, so it is important to take any Magistrates’ Court hearing seriously and to seek legal representation.
What Types of Cases Are Heard in the Magistrates’ Court?
Criminal offences in England and Wales fall into three categories, and the type of offence determines what happens at the Magistrates’ Court:
Summary-Only Offences
These are less serious offences that can only be tried in the Magistrates’ Court. Examples include most motoring offences (such as drink driving or driving without insurance), minor public order offences, and common assault. The case will be dealt with entirely by the Magistrates’ Court from start to finish.
Either-Way Offences
These are offences of moderate seriousness that can be tried in either the Magistrates’ Court or the Crown Court. Examples include assault occasioning actual bodily harm (ABH), affray, theft, and some drug offences. For these cases, there will be an allocation hearing where the Magistrates’ Court decides whether the case is suitable to remain in their court or should be sent to the Crown Court. Even if the Magistrates’ Court accepts jurisdiction, you have the right to elect a Crown Court trial with a jury.
Indictable-Only Offences
The most serious offences – such as murder, robbery, and rape – must be tried in the Crown Court. These cases still begin with a short hearing at the Magistrates’ Court, but they are then sent directly to the Crown Court without any plea being entered.
What Happens at the First Hearing?
The first hearing at the Magistrates’ Court typically follows this process:
- Arrival and check-in. You will need to report to the court reception or usher when you arrive. If you have a solicitor, they will usually meet you beforehand to discuss your case. If you do not have a solicitor, you can request a duty solicitor, who provides free legal advice at court.
- Identity and charges. The court clerk will call your case and ask you to confirm your name and address. The charges against you will be read out.
- Entering your plea. For summary-only and either-way offences, you will be asked to enter a plea of guilty or not guilty. For indictable-only offences, no plea is taken at this stage.
- Bail decision. The Magistrates’ Court will decide whether to release you on bail (with or without conditions) or remand you in custody until your next hearing. If you have concerns about bail conditions, your solicitor can make representations on your behalf.
- Next steps. What happens next depends on your plea and the type of offence (see below).
The first hearing is usually relatively short, lasting between 15 and 30 minutes in most cases.
What Happens If You Plead Guilty?
If you plead guilty, the court may sentence you on the same day or adjourn sentencing to a later date. An adjournment is common where the court needs more information, such as a pre-sentence report prepared by the Probation Service.
At the sentence stage, the prosecution will outline the facts of the case, and your solicitor will present mitigation on your behalf – this means explaining any circumstances that the court should consider when deciding your sentence, such as personal circumstances, remorse, or steps you have taken since the offence.
Guilty Plea Credit
An important benefit of pleading guilty is a reduction in sentence. Under the Sentencing Council guidelines:
- A guilty plea at the first hearing earns a reduction of up to one-third off the sentence
- A guilty plea after the first hearing earns a reduction of up to one-quarter
- A guilty plea on the first day of trial earns a reduction of up to one-tenth
This means that if you know you are going to plead guilty, doing so at the earliest opportunity will result in a significantly lighter sentence. Your solicitor can advise you on whether a guilty plea is appropriate in your circumstances.
What Happens If You Plead Not Guilty?
If you plead not guilty, the case will be adjourned to a later date for trial.
Summary-Only Offences
For summary-only offences, the trial takes place in the Magistrates’ Court. Both sides will present their evidence, call witnesses, and make legal arguments. The magistrates (or district judge) will then decide whether you are guilty or not guilty. There is no jury.
Either-Way Offences: The Allocation Hearing
For either-way offences, the court must first decide where the case should be tried. This is called the allocation hearing (sometimes referred to as a “mode of trial” hearing). The prosecution and defence make representations about the seriousness of the case, and the Magistrates’ Court decides whether their sentencing powers are sufficient.
· If the Magistrates’ Court accepts jurisdiction, you then have the choice: accept trial in the Magistrates’ Court, or elect trial by jury in the Crown Court
· If the Magistrates’ Court declines jurisdiction (because they consider the case too serious for their powers), the case is automatically sent to the Crown Court
If you are unsure whether to elect Crown Court trial, your solicitor will advise you on the advantages and disadvantages. In the Magistrates’ Court, cases are heard more quickly and the process is less formal, but the Crown Court offers trial by jury – and some defendants prefer to have their case decided by a jury of their peers.
What Sentences Can the Magistrates’ Court Give?
Magistrates’ Courts have a range of sentencing options. Since 18 November 2024, their custodial sentencing powers have been significantly increased.
Custodial Sentences
Magistrates’ Courts can now impose a custodial sentence of up to 12 months’ imprisonment for a single either-way offence. This is double the previous maximum of six months, following changes introduced by the government to free up Crown Court capacity and deliver swifter justice.
For summary-only offences, the maximum remains six months’ imprisonment for a single offence.
Where a defendant is convicted of two or more either-way offences, the Magistrates’ Court can impose consecutive sentences of up to a combined maximum of up to 12 months’ imprisonment.
The Sentencing Act 2026
Under the Sentencing Act 2026, which takes effect from 22 March 2026, there is now a presumption that custodial sentences of 12 months or less should be suspended unless there are exceptional circumstances. This means that in many cases, even where the Magistrates’ Court imposes a prison sentence, it will be suspended rather than immediate. The court will attach conditions to the suspended sentence, and the defendant will only serve time in prison if they breach those conditions.
Other Sentences
In addition to custody, the Magistrates’ Court can impose various other sentences and ancillary orders, including:
- Community orders – including unpaid work, curfews, drug or alcohol treatment programmes, and supervision requirements
- Fines – there is no upper limit on the fines Magistrates’ Courts can impose
- Conditional discharges – no punishment is imposed unless you commit a further offence within a set period
- Absolute discharges – no punishment is imposed
- Driving bans and penalty points – usually for motoring offences
- Compensation orders – requiring payment to the victim
- Restraining orders – prohibiting contact with specified individuals
Your solicitor will advise you on the likely sentence for your specific offence and circumstances, including what sentence you might receive for assault or other common charges.
How Long Does a Magistrates’ Court Hearing Last?
The length of a hearing depends on what stage your case is at:
- First appearance (plea hearing): Usually 15 to 30 minutes
- Sentencing hearing: Typically 30 minutes to one hour, depending on complexity
- Trial: Most Magistrates’ Court trials last between half a day and a full day (approximately 4 to 6 hours), depending on the number of witnesses and the complexity of the evidence
If your case is adjourned, you may need to attend court on multiple occasions. Your solicitor will keep you informed of expected timescales.
Get Expert Legal Advice
Facing a hearing at the Magistrates’ Court can be a stressful and daunting experience, especially if it is your first time. The decisions made at this early stage – including your plea, bail conditions, and whether your case stays in the Magistrates’ Court or is sent to the Crown Court – can have a profound impact on the outcome.
At JD Spicer Zeb Solicitors, our experienced criminal defence team represents clients at Magistrates’ Courts across England and Wales every day. We can:
- Advise you on the strength of the evidence against you and your options
- Represent you at your first hearing, bail applications, and trial
- Negotiate with the prosecution on your behalf
- Present strong mitigation to achieve the best possible outcome
Contact us today for a free initial consultation, or request a callback through our website. We offer 24-hour emergency advice for those who need urgent representation. You do not have to face court alone. You can also contact us at:
- London: 020 7624 7771
- Birmingham: 0121 614 3333
- Manchester: 0161 835 1638
- 24/7 Emergency Line: 07836 577 556
Frequently Asked Questions
Does a Magistrates’ Court have a jury?
No. Cases in the Magistrates’ Court are decided by either a bench of two or three magistrates or by a single district judge. There is no jury. If you want your case to be heard by a jury, it must be tried in the Crown Court. For either-way offences, you have the right to elect a Crown Court trial.
Can the Magistrates’ Court send you to prison?
Yes. Since November 2024, Magistrates’ Courts can impose custodial sentences of up to 12 months for a single either-way offence (previously six months). However, under the Sentencing Act 2026, there is a presumption that sentences of 12 months or less should be suspended. Immediate custody is reserved for more serious cases or where exceptional circumstances apply.
Do all criminal cases start in the Magistrates’ Court?
Yes. Every criminal case in England and Wales begins at the Magistrates’ Court. For less serious offences, the case will be dealt with entirely there. For the most serious offences (indictable-only), the Magistrates’ Court conducts a brief preliminary hearing before sending the case to the Crown Court.
Can members of the public attend Magistrates’ Court hearings?
Yes. Magistrates’ Court hearings are generally open to the public. Members of the public can sit in the public gallery to observe proceedings, unless the court orders otherwise (for example, in cases involving children or sensitive evidence).
What should I wear to Magistrates’ Court?
There is no formal dress code, but you should dress smartly and respectfully. Smart casual clothing is appropriate. Avoid wearing hats, sunglasses, or clothing with offensive slogans. Dressing appropriately shows respect for the court and can create a positive impression.
How long after being charged do you go to Magistrates’ Court?
If you are charged at the police station and released on bail, you will usually be given a court date within a few weeks. If you are remanded in custody, you must appear before the Magistrates’ Court on the next available sitting day. In some cases, you may receive a postal requisition (a letter telling you when to attend court) rather than being bailed directly.