Magistrates Court 

All cases begin in the Magistrates Court regardless of their seriousness. When an adult is charged with a criminal offence they will receive a date and time to attend the Magistrates Court for their first appearance.


Not only do the Magistrates Court hear matters which relate to the first hearing in criminal proceedings, but the court will also hear bail applications and applications for Domestic Violence Protection Orders and Sexual Risk Orders which are applied by the police.


The First Hearing in Criminal Proceedings


Notification of charges will be received by one of two ways; the suspect will attend the police station to be charged in person, or will receive details of their charges by post, known as a postal requisition.


The first hearing will take place before one District Judge or three lay Magistrates. This is an important hearing, in most cases it will be where a defendant enters their plea for the first time.


Although the case may be too serious for the Magistrates Court to deal with, resulting in it being sent to the Crown Court for future hearings, important case management decisions can be made at the Magistrates Court and it can be a productive hearing which can pave the way for successfully defending your case.

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Orders Made by the Magistrates Court


Not only may a person find themselves before the Magistrates Court in relation to an alleged offence, but could also be attending court as a respondent to a civil application being made by the police which relates to what could be criminal conduct, such as in cases which concern Domestic Violence Protection Orders and Sexual Risk Orders. These orders to not require a criminal conviction, and are determined on the balance of probabilities.


Application to vary police bail and Magistrates Court bail can also be heard at the Magistrates Court.


When attending court for any application to be heard, the applicant is advised to have legal representation with them. It is vital that prior to the hearing carefully drafted written legal arguments are prepared and served on the court and to the CPS before the hearing takes place. This allows for a productive hearing which can be used to advance legal arguments from both sides.

How we can help you


Prior to any court hearing it is important you seek advice from a criminal defence lawyer with particular expertise in the area of law which relates to your case.


Prior to the first appearance at court following a charging decision, as your lawyers we would obtain the Initial Disclosure of the Prosecution Case (IDPC) which contains the initial evidence the prosecution are relaying on to bring your case to court. This evidence is usually a summary but may contain witness statements and forensic reports, it is essential that we consider the detail given within the documents to firstly ensure you have sufficient information to make an informed decision on plea and that the strength of that evidence is.


We will conference with you to go through the evidence, explain it to you and obtain your instructions. We can then really discuss the best way forwards, explain to you the defences that may be available to you and how your case can be properly managed to ensure you obtain the best possible outcome, whatever the purpose of the hearing.

The first appearance at the Magistrates Court can be where important decisions are made, ones that shape your case and provide you with the best possible defence.

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