On this page …

• Your magistrates' court trial guide

• What cases are dealt with in the magistrates’ court?

• Summary and either-way offences

• What is the difference between magistrates’ court trial and Crown Court trial?

• Prosecution and Defence Cases

• Magistrates’ Court Judges - Lay Magistrates and District Judges

• The role of the Justices’ Legal Adviser

• What is the burden and standard of proof?

• The evidential burden

• Starting the trial

• Youth Courts are Different

Your magistrates’ court trial guide

If you are facing trial in the magistrates’ court, what follows will guide you through what to expect from start to finish.

On this page you will find essential information about the magistrates’ court. On the following pages you will be taken through the prosecution case, the defence case and the verdict.

There are numerous links throughout these pages to additional information to help you.

What cases are dealt with in the magistrates’ court?

The magistrates’ court deals with the vast majority of criminal cases in England & Wales. These cases involve people charged with what are known as summary and either-way offences (see below for more).

Every case starts in the magistrates’ court

For every criminal case that requires a court appearance, the first appearance will be at the magistrates’ court, but for trial some cases remain in the magistrates’ court and some are sent to the Crown Court.

Guilty or Not Guilty

A trial will only take place where the defendant pleads not guilty. A defendant who pleads guilty will be sentenced. For more information about guilty pleas, including putting forward a basis of plea and seeking a sentence indication, go to Pleading Guilty.

No court appearance required

Many low-level cases do not require a court appearance at all.

For example, many people plead guilty by post (or online) to fixed penalty road traffic offences. They are not required to go to court unless they dispute the offence (in which case they will go to trial in the magistrates’ court) or where there is a risk of disqualification (in which case they will be required to attend the magistrates’ court for sentence).

LINKS BELOW TO MORE …

More about Trials, Appeals and Sentencing …

Youth Courts are Different

This Crown Court section is all about adult courts (i.e. 18s and over).

Very few youths will ever go to the Crown Court. In the vast majority of cases under 18s will have their first appearance and their trial at the Youth Court. 

The Youth Court trial process is very similar to the trial process at the magistrates’ court, although there are significant restrictions on who can go into court (the general public are not allowed to enter) and there are restrictions on reporting by the press in cases involving under 18s. The Youth Court is also less formal than the adult magistrates’ court and far less formal than the Crown Court.  

More information about the criminal courts for under 18s

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