Last reviewed: September 2026
What does the Magistrates’ Court deal with?
The Magistrates’ Court deals with summary offences, many either-way offences, first appearances in indictable-only cases and a wide range of procedural applications. Depending on the allegation, the court may deal with the entire case, determine allocation, send the case to the Crown Court, consider bail or remand, sentence following a guilty plea or conviction, or make directions for a contested trial.
Because different cases follow different routes, the first question is not simply “when is court?” It is: what is the alleged offence, what material has been served, what decision will the court make at the next hearing and what needs to be prepared before that decision is taken?
The first hearing
At a first hearing the court may identify the charge, deal with legal representation and funding, take a plea where appropriate, consider allocation, address bail and set directions. In some cases the prosecution papers available at that stage are limited. The defence still needs to understand the allegation, take instructions and avoid unnecessary concessions.
If a guilty plea is under consideration, the factual basis matters. A plea should not be entered merely to “get the hearing over with”. The defendant must understand the offence, the prosecution case, any viable defence, the credit implications and the likely sentencing framework.
Summary-only and either-way offences
Summary-only offences are dealt with in the Magistrates’ Court. Either-way offences can be tried in either the Magistrates’ Court or Crown Court, subject to the allocation process and, in relevant cases, the defendant’s right to elect jury trial. Venue can affect procedure, timescale, advocacy, sentencing powers and the way the case is prepared. The decision should be made after advice on the facts and the particular case rather than on a general assumption that one court is always better.
Bail and remand
Bail is often one of the most urgent issues at the first hearing. The prosecution may oppose bail or seek conditions. The defence should identify the particular risk relied upon and address it with evidence and workable proposals. Residence, employment, family responsibilities, treatment, reporting, exclusion zones, non-contact terms and other conditions may be relevant depending on the case.
Conditions can have major practical consequences. They may affect work, family contact, accommodation or communication. Where a condition is disproportionate or circumstances change, a variation may be sought. A focused application should explain why the proposed change is compatible with the risks identified by the court.
Magistrates’ Court trials
A contested summary trial requires proper case preparation. The prosecution must prove the offence beyond reasonable doubt. The defence should analyse each legal element, the admissibility and reliability of the evidence, the consistency of witness accounts and any objective material such as CCTV, body-worn video, photographs, medical evidence, digital communications or records.
Witness evidence should be compared with earlier accounts and with the physical or digital evidence. The defence may need to obtain its own witnesses, recordings, messages, records or expert material. If disclosure appears incomplete, the issue should be identified before trial rather than discovered at the courtroom door.
Police interviews and the court case
What happened at the police station often becomes important in court. The prosecution may rely upon admissions, answers, prepared statements, silence or inconsistencies. The defence must examine the interview in context, including the disclosure given before questioning and the advice available at the time. A later court strategy that ignores the interview is incomplete.
Bad character, hearsay and other evidential issues
Criminal cases can involve applications concerning previous convictions, alleged misconduct, hearsay statements or other material that is not straightforwardly admissible. These issues may affect the evidence the court hears and the way cross-examination is conducted. They should be identified and addressed in accordance with the applicable criminal procedure and evidence rules.
Sentencing in the Magistrates’ Court
If a defendant pleads guilty or is convicted, the court considers sentence by reference to the offence, culpability, harm, aggravating and mitigating features, any previous convictions and the defendant’s personal circumstances. Preparation can include references, evidence of employment, caring responsibilities, medical material, treatment, rehabilitation or other documents that directly assist the court.
In some cases the Magistrates’ Court may send or commit a defendant to the Crown Court for sentence. Where that is possible, the defendant should understand the procedural consequences and the likely next steps.
Appeals from the Magistrates’ Court
A defendant may have rights of appeal after conviction or sentence. The route and time limits depend on what is being challenged. Because delay can create procedural problems, advice should be obtained promptly after the decision if an appeal is being considered.
Legal Aid and private funding
Theodorous holds a Legal Aid Agency criminal contract. Police station advice is generally available free of charge. Magistrates’ Court representation may be publicly funded where the applicable eligibility and interests-of-justice requirements are met. We also undertake private Magistrates’ Court work, including fixed-fee or other agreed arrangements where appropriate.
What we need to review a Magistrates’ Court case
Useful starting documents include the charge or postal requisition, hearing notice, bail sheet, prosecution case summary, witness statements, exhibits and any previous legal advice. If you do not have the full papers, send what you have together with the next hearing date and the court name.
Frequently asked questions
Do I have to attend the Magistrates’ Court?
In many criminal cases personal attendance is required. The answer depends on the type and stage of proceedings. Check the hearing notice and obtain advice before assuming you can be absent.
Can a Magistrates’ Court case be stopped before trial?
Cases can end before trial for different reasons, including prosecution review, legal rulings, evidential problems or a change of plea. Whether any particular route is available depends on the facts and law.
What if I have been charged but the police still have my phone?
Property and digital-device issues can continue after charge. The position depends on why the item is retained and whether it remains evidentially necessary. It can be raised with the investigating authority where appropriate.
Can you represent me outside London?
Yes. The firm is based in London but criminal instructions are accepted across England and Wales subject to availability, funding and the needs of the case.