All criminal cases start at a magistrates’ court so your first court hearing will always take place here. Remove some of the stress by reading our round-up of things you need to know.
All about magistrates’ courts
At a magistrates’ court, your case will be heard by a panel of either 2 or 3 lay magistrates or one professional judge known as a district judge. Magistrates are sometimes called justices, or justices of the peace.
Although all criminal cases start at the magistrates’ court, the most serious must be immediately transferred to the crown court. This depends on the type of charge you face. Certain charges can only be heard in a magistrates’ court. Others can only be heard in the crown court. But there are some where you will get a choice if the magistrates decide to deal with the case.
Magistrates can also deal with things like breaches of bail conditions, non-payment of fines and seizures of things like money or property under the Proceeds of Crime Act.
The maximum sentence a magistrates’ court can impose is 6 months’ imprisonment for a single offence but up to 12 months for two either way offences. The court also has the power to ban you from driving, give you a fine or issue a community sentence. If they think your crime is so serious that you deserve a tougher penalty, they can send you to crown court for sentencing.
What to do if you have been asked to attend magistrates’ court
If you have been given a court date by the police or received a Notice of Criminal Charge through the post (also known as a summons or postal requisition), make sure you get a solicitor as soon as possible. Don’t rely on getting access to the duty solicitor in the court because they will have no prior knowledge of your case and you can only use this free service at one of your hearings. Contact us as soon as possible so we can discuss your options and start preparing your case. Stryders are experts at managing cases in the magistrates’ courts. We will be by your side through every step of the process.
Attending court is not voluntary
If you have been given a date to attend court, you must go. Failing to turn up for your hearing, if bailed, could result in an additional charge and you could even be arrested. Make sure you arrive at least 30 minutes before the time given on your notice so you have time to get through security, tell the usher you have arrived and speak to us before your hearing.
How a Stryders Law solicitor will support you at magistrates’ court
Stryders’ Law solicitors are experts in managing criminal cases of all types in any criminal court. You could not be in better hands. Contact us as soon as possible so that we can start work on trying to get a copy of the prosecution’s evidence in advance and begin preparing your case. We’ll advise you on your options and make sure you’re ready for your day in court and what that might involve. A lot can change on the day of your hearing as it is at court where prosecutors can be at their most receptive to a reduced or alternative charge. We’ll be there with you, talking to the prosecutors before your case to get a feel for the possibility of a more favourable outcome on the day. We’ll discuss the strategy with you in a private area within the court building before you enter the courtroom, and we will speak on your behalf during the hearing to make sure no opportunity is missed.
Advice for children and parents
Young people under the age of 18 have extra rights under the law, including limited rights to anonymity. They will appear at a special youth court. Remember that, if you’re a parent, you can go with them for support and to help them understand what’s going on. In fact, it’s the law that children who are 17 or younger must have an appropriate adult with them. Stryders’ empathetic youth justice solicitors can help you and your child through this complex maze. We are specialists in this field of criminal law and Stryders Law is a member of the Youth Justice Legal Centre.