What can you expect in the Magistrates Court – Frequently Asked Questions

Q. What cases go to the Magistrates Court?

A. If you’re over 18 and facing prosecution for a crime, you’ll start off at the Magistrates Court. If your case is relatively minor – for example, most driving offences, some public order offences and some assaults – your whole case will be heard in the Magistrates Court.

Q. What will happen if it is a more serious offence – such as theft, burglary, violence or drug offences?

A. These are known as ‘Either Way’ offences, meaning they may be dealt with either by the Magistrates or by the Crown Court depending on how serious they are, In these cases, you can also choose trial by jury.

Q. And what about the most serious offences such as robbery, manslaughter or rape?

A. In these circumstances, you’ll still start off at the Magistrates Court, but then your case will be referred to the Crown Court. – click here to find out more about what to expect at the Crown Court.

Q. What if I’m under 18?

A. If you’re under 18, your case will be heard first in the Youth Court – click here to find out more about what to expect in the Youth Court

Q. Who will hear my case?

A. Normally there will be three lay Magistrates to hear your case. They’ll be supported by the Court Clerk, who provides guidance on legal matters such as sentencing. However, sometimes your case may be heard by a District Judge instead.

Q. What’s the longest sentence I could get in the Magistrates Court?

A. The maximum sentence the Magistrates can give for a single offence is six months imprisonment, but in certain circumstances – if they are dealing with two or more offences – the sentence could be as high as 12 months.

Q. Where is the Magistrates Court?

A. There are Magistrates Courts in cities and large towns. In South Yorkshire, there is a Magistrates Court in Sheffield, Rotherham, Barnsley and Doncaster. There are also Magistrates Courts in Leicester and Hull – both cities in which Howells has Criminal departments. You have to attend the Magistrates Court in the area where the alleged offence happened.

Q. How long will it take between being arrested and charged and going to Court?

A. If you are given bail, you will normally go to Court for your first hearing within a week. If you don’t get bail and have to stay in custody, you’ll go to Court at the next available time – that might be the same day or the next day. The Courts work six days a week – every day apart from Sunday.

Q. Can members of the public come to the Magistrates Court?

A. Yes, there is a public gallery and people can come in and listen. However, if your case is being heard in the Youth Court, those sessions are held in private.

Q. Will my solicitor be with me all through my case?

A. Not necessarily, as your solicitor may have a number of cases in the same session. Sessions start at 10 am and 2.15pm, and your solicitor will be there to see you at the beginning of the session.

Q. Do the Magistrates wear wigs and gowns?

A. No, people wear ordinary clothes in the Magistrates Court.