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Criminal Defence | England & Wales

Your first court hearing: what to expect

What happens at the first hearing in the magistrates' court, from plea and allocation to being sent to the Crown Court, and how to prepare.

Reviewed by
Paris Theodorou
· Principal Solicitor · Last reviewed
November 4, 2026

KEY ANSWER

The position in brief

Every criminal case starts in the magistrates' court. At the first hearing you confirm your details, and for most offences you are asked to plead or indicate a plea. Summary-only offences stay in the magistrates' court. For either-way offences the court decides where the case should be tried, and if it keeps the case you can still choose a jury trial in the Crown Court. Indictable-only offences, such as robbery, are sent straight to the Crown Court. Bail is also decided at this hearing.

Legal issues

Types of offence

  • Summary only: tried by magistrates, for example most driving offences and common assault.
  • Either way: can be tried in either court, for example theft and ABH.
  • Indictable only: Crown Court only, for example robbery, GBH with intent and rape.

Allocation and election

For an either-way offence where you indicate not guilty, the court decides whether its sentencing powers are enough. If it accepts jurisdiction, you can still elect Crown Court trial.

Proposed changes

The Courts and Tribunals Bill, before Parliament in autumn 2026, would remove the right to elect Crown Court trial for either-way offences and leave the choice of court to the court. Until the Bill is passed and those provisions are brought into force, the current right to elect still applies.

Sending

Indictable-only cases are sent to the Crown Court under section 51 of the Crime and Disorder Act 1998, with a first Crown Court hearing usually a few weeks later.

Evidence that matters

The prosecution should serve initial details of its case before the first hearing. Your solicitor reviews these before you indicate a plea.

Reasonable lines of enquiry

To prepare

  • Instruct a solicitor before the day, so they can review the initial details.
  • Gather any evidence that supports your account.
  • If pleading guilty, gather character references and evidence for mitigation.

What happens next

After a not guilty plea, the court sets a trial date and directions. After a guilty plea, sentence may be passed that day or adjourned for a pre-sentence report. See magistrates' court or Crown Court.

Immediate steps

  • Arrive early with your paperwork.
  • Do not discuss the case with anyone at court except your lawyer.
  • Bring proof of income if you will apply for Legal Aid.

What should you send us?

Send the charge sheet or requisition, the court and date, and any papers you have received.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We review the evidence before the hearing, advise on plea and venue, apply for bail and Legal Aid, and represent you on the day. See criminal defence.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Do I have to plead guilty or not guilty at the first hearing?

You are usually asked to plead or indicate a plea. Take advice on the evidence first; the timing of a guilty plea affects the reduction in sentence.

Can I choose a jury trial?

For either-way offences, yes, even if the magistrates would keep the case. Get advice on the risks and benefits first. A Bill before Parliament would remove this right, but it has not yet become law.

What should I wear?

Smart, plain clothes. Arrive early and allow time for security.

NEXT STEP

Get representation for your hearing

Call 0843 636 7687 or email [email protected] with your court date.

Get representation for your hearing