Information About the Magistrates Court

What is a Magistrates' Court?

The Magistrates' Court handles the majority of criminal cases in England and Wales. It deals with less serious offences, from traffic violations and minor theft to some assault charges. A significant proportion of criminal cases are resolved here rather than in the Crown Court, though serious offences such as murder or rape will only pass through briefly before being sent to a higher court.

These courts also handle certain civil matters, including council tax arrears and some licensing applications. Family proceedings were historically heard in Magistrates' Courts, but most family matters are now dealt with in the Family Court, which operates as a separate division of the court system.

If you need to find your local Magistrates' Court, you can search on GOV.UK using the court and tribunal finder service. This will give you the address, contact details and information about access and facilities.

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Who sits in a Magistrates' Court?

Cases are usually heard by a panel of three magistrates, sometimes called Justices of the Peace. Together, they form what is known as the Bench. These magistrates are volunteers drawn from the local community. They do not need formal legal qualifications, though they receive training and are supported by a legal adviser who helps them with points of law and procedure.

Magistrates are not paid a salary for their work. They can claim expenses and compensation for loss of earnings when they sit, but the role is unpaid and voluntary. There are around 12,000 magistrates currently serving in England and Wales, though this number has decreased in recent years.

In some cases, you may find a District Judge hearing your case instead of a magistrate panel. District Judges are legally qualified professionals who are paid for their work. They typically sit alone rather than in a group of three. You are more likely to appear before a District Judge if your case involves complex legal issues, lengthy evidence, or particular sensitivity.

Whether your case is heard by magistrates or a District Judge, the standard of justice is the same. Both have the authority to make decisions about guilt, innocence and sentencing within the limits set for the Magistrates' Court.

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What happens at a Magistrates' Court hearing?

The procedure in a Magistrates' Court is less formal than in a Crown Court, but it still follows a set structure. You will usually be asked to confirm your name and address before the charge is read out. You will then be asked whether you plead guilty or not guilty.

If you plead guilty, the court will move straight to sentencing. The prosecution will outline the facts of the case, and you or your solicitor will have the chance to explain any circumstances that might reduce your sentence. This is called mitigation.

If you plead not guilty, a trial date will be set. At the trial, the prosecution presents its evidence first, and you have the opportunity to challenge that evidence and put forward your own defence. The magistrates or District Judge will then decide whether you are guilty or not guilty based on what they have heard.

Many Magistrates' Court hearings last under an hour, particularly first appearances and guilty pleas. Trials and contested matters take longer and may require more than one court session.

Some hearings now take place remotely by video link. This became more common during the pandemic and has continued for certain types of hearing. You will be told in advance if your hearing will be conducted remotely and given instructions on how to join.

If you are attending court in person, arrive early and dress appropriately. You should stand when the magistrates enter and leave, address them as "Sir" or "Madam," and wait to be invited before speaking.

Sentencing limits and referral to Crown Court

Magistrates' Courts have limits on the sentences they can impose. For a single offence, the maximum prison sentence is generally six months. If someone is convicted of two or more offences that could each carry a prison term, the maximum rises to twelve months in total.

There are also limits on fines, though these vary depending on the offence. For the most current figures on maximum fines, check the sentencing guidelines available on the Sentencing Council website.

Some offences are too serious for the Magistrates' Court to deal with. These are called indictable only offences and include crimes such as murder, rape and robbery. Such cases are sent to the Crown Court after a brief preliminary hearing before magistrates, which covers administrative matters rather than the substance of the case.

There is also a middle category known as either way offences. These can be heard in either the Magistrates' Court or the Crown Court, depending on the seriousness of the particular circumstances. For either way offences, the magistrates will decide whether they have sufficient sentencing powers to deal with the case. If they feel a longer sentence might be appropriate, they can send it to the Crown Court. You may also have the right to elect for a Crown Court trial with a jury, depending on the nature of the charge.

If you disagree with a Magistrates' Court decision, you may be able to appeal to the Crown Court. Appeals against conviction or sentence must usually be made within 21 days. A solicitor can advise you on whether you have grounds for appeal.

Many people are entitled to legal aid for criminal matters. Eligibility depends on a means test, which looks at your income and assets, and an interests of justice test. You can check your eligibility on GOV.UK or speak to a legal aid solicitor in your area.

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