What Happens At Your First Hearing At The Magistrates’ Court?

Being required to attend the Magistrates’ Court can be very stressful and overwhelming, especially if you have never had any involvement with the criminal justice system before. If you have been charged with a criminal offence, your first court appearance will always take place in the Magistrates’ Court.

Depending on the seriousness of the charge(s) against you, and whether you decide to plead guilty or not guilty, your case will either remain in the Magistrates’ Court or will be transferred to the Crown Court. It is important to know that your first court appearance is not a trial

I’ve been charged with a criminal offence, what happens next?

After receiving a police charge at the police station following an interview or a postal requisition to attend court, it is very important to contact our criminal defence solicitors as soon as possible so we can begin to prepare your case at an early stage. In terms of funding a solicitor to represent you at your first court appearance, depending on your financial and personal circumstances we can either secure Legal Aid or offer you our private fees.

When funding has been secured, we can begin to prepare your case for your first court appearance. We will ask the Prosecution for their case material which is called Initial Details of the Prosecution Case (“IDPC”). This material will often include a summary of the case written by the police, a summary of your police interview (if you had one), any evidence the police have (statements and exhibits), as well as your previous convictions or cautions (if you have them).

The Prosecution can only serve this material once they have received it from the police which can cause delays. Therefore, on some occasions the IDPC may not be available until a few days before the hearing, or even the day of your hearing.

Once we have received the IDPC, we will be in the position to hold a conference with you ahead of the hearing. You will have an opportunity to discuss the Prosecution’s evidence with your solicitor before you are called into court.

Depending on the type of allegation you face, your solicitor will inform you whether they are ‘summary only’ allegations which can only be dealt in the Magistrates’ Court or if they are ‘indictable’ or ‘indictable only’ allegations. Indictable only matters are the most serious types of offences which must go to the Crown Court after the first hearing at the Magistrates’ Court. There are also a middle category of offences called ‘either way’ offences. These offences can be dealt with in either the Magistrates’ or Crown Court.

Depending on the contents of the IDPC and your personal circumstances, your solicitor may advise you on the possibility of an out of court disposal or request that the Prosecution review your matter with a view to discontinue it.

In Court

During your hearing, you will be expected to confirm your identity and enter or indicate your plea. Your solicitor will have taken you through the evidence and provided you with advice before the hearing. This advice would focus on the strengths and weaknesses of the Prosecution case against you at this stage.

You would be given the opportunity to discuss your account with your solicitor. Your solicitor would then be in a position to give you advice as to whether you should plead guilty or not guilty, adjourn to explore out of court disposals or review the matter, and on any potential sentence you would likely receive if convicted. You should only enter a guilty plea if you accept that you are guilty of the offence.

Entering a guilty plea

If you enter a guilty plea at your first court appearance at the Magistrates’ Court, the Magistrates will consider the appropriate sentence to impose. You may be sentenced straightaway or your matter could be adjourned to a later date for the probation service to write a pre-sentence report. If this occurs, you will have a meeting with a probation officer before your next hearing date. The pre-sentence report will assist the court in providing a recommended sentencing option.

If you have pleaded guilty to an ‘either way’ offence and the Magistrates’ think your offence is too serious for them to deal with, your case will be sent to the Crown Court for your sentence.

If your case is not concluded at the first appearance, the court will then have to deal with bail. You can either be released on court bail with or without conditions until your next court date, or remanded into custody until the next hearing. Your solicitor will provide advice on this aspect as part of the pre-court conference and prepare any submissions for a bail application.

Entering a not guilty plea

If you have entered a not guilty plea, the first decision is where your case will be heard. If your charge(s) are too serious, your case can be sent to the Crown Court for a trial by jury. If your matter is suitable to be dealt with in the Magistrates’ Court, a date will be set for your trial in the Magistrates’ Court. Depending on the allegation you face, you may also have the choice where you would like your case to be heard. Your solicitor will provide advice on this aspect as part of the pre-court conference.

Once your case is set for trial in the Magistrates’ or sent to the Crown Court, the court will then have to deal with bail. You can either be released on court bail with or without conditions until your next court date, or remanded into custody until the next hearing. Your solicitor will provide advice on this aspect as part of the pre-court conference and prepare any submissions for a bail application.

After the hearing

Your solicitor will then prepare your case for trial, or, if you have pleaded guilty, prepare for your sentence hearing. Preparations can include instructing experts, obtaining further instructions from you and speaking to any defence witnesses.

It is crucial that you keep in contact with us throughout this time in order to be fully prepared for trial and/or sentence.

If you have been arrested or have been invited to attend the Magistrates’ Court, our criminal defence team can help. To discuss this further please contact us on 0808 271 9413 or submit a new enquiry form via our website.