Magistrates Court

These are less serious cases, such as motoring offences and minor assaults, where the defendant is not entitled to trial by jury and therefore the Magistrates will only deal with. If you plead guilty or you are later found to be guilty, the magistrates can impose a sentence of up to six months imprisonment or a fine of up to £5,000. If the defendant is found not guilty ('acquitted'), they are judged innocent in the eyes of the law and should be free to go - provided there are no other cases against them outstanding.

As the name implies, these can be dealt with either by the Magistrates or before a judge and jury at the Crown Court. Such offences include theft and handling stolen goods. You can insist on their right to trial in the Crown Court. Similarly, Magistrates can decide that a case is sufficiently serious that it should be dealt with by a Crown Court Judge. Therefore you will either elect trial by jury or you will be sent for trial by jury.

If they plead guilty or if they are later found to be guilty, the magistrates can impose a sentence of up to six months imprisonment or a fine of up to £5,000 or the Magistrates at this point can send you to the Crown Court to be sentenced if it is deemed that there sentencing powers are not sufficient.. If you are found not guilty you will be free to go.

Cases which are to be dealt with in the Magistrates Court are heard either by three lay magistrates or one District Judge. The lay magistrates, or 'Justices of the Peace', as they are also known, are local people who volunteer their services. They do not have formal legal qualifications, but are given legal and procedural advice by qualified clerks. District Judges are legally qualified, paid, full-time professionals and are usually based in the larger cities.

These are such as murder, manslaughter, rape and robbery. These must be heard at a Crown Court. Therefore you will make only one appearance at the Magistrates Court and sent directly.

If the case is an indictable-only offence, the involvement of the Magistrates' Court is brief. A decision will be made on whether to grant bail and other legal issues, like reporting restrictions, will be

Should a person be charged with an offence, we are in a position to provide advice and assistance prior to any Court hearing and then we will attend Court and defend your rights and interests.

This will include advising through all the hearings leading up to trial or sentence in the Magistrates Court. Should the matter proceed to the crown Court then the client will be not be represented but also by a Barrister/Solicitor Advocate who will be selected either from our approved list or if the client has a preference we will seek to instruct that person.

We will seek to challenge the decisions of the Magistrates Court and the Crown Court, should the need arise, whether that be an appeal or an application to the High Court to seek the redress.

Our involvement with a client will not end after sentence, should that sentence be a custodial sentence then we will attend and advice on any appeal. We have often taken on Appeals and dealt with them with no financial benefit to ourselves.

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