Every criminal case begins in the Magistrates’ Court. Whether you have been charged by the police or received a Postal Requisition, attending court for the first time can be a daunting experience. The period before your first hearing provides an important opportunity to review the prosecution case, consider your options and prepare for the decisions that will need to be made at court.
Once instructed, we can obtain the prosecution papers in advance of your hearing. This is often the first time you will have the opportunity to see the witness statements and the prosecution case in full. Your defence solicitor will review the papers carefully, advise you on the strength of the evidence and help you make one of the most important decisions in your case: whether to plead guilty or not guilty.
The first hearing often determines the future direction of your case. Depending on the allegation and the court’s powers, your case may remain in the Magistrates’ Court or proceed to the Crown Court. Magistrates can now impose sentences of up to 12 months’ imprisonment, meaning many either-way offences that would previously have been committed to the Crown Court for sentence are now dealt with entirely in the Magistrates’ Court. Careful preparation before your first appearance ensures these important decisions are approached with confidence and informed legal advice.
If you are due to appear before the Magistrates’ Court, call us on 0333 240 7373, email [email protected] or send us a confidential enquiry online.
Representation at Every Stage
If you plead not guilty, your case will usually be listed for a Magistrates’ Court trial within six months, although there can be considerable variation depending on the court and the complexity of the case. A trial involving only one prosecution witness and one defence witness may last only half a day, whereas cases involving multiple witnesses, CCTV footage or extensive documentary evidence can take several days.
Taking a case to trial means you become entitled to see all of the evidence upon which the prosecution intend to rely, including witness statements, photographs, CCTV footage and other digital evidence. From a defence perspective, ensuring full disclosure is crucial. We will receive a schedule of unused material, which identifies material held by the prosecution but not relied upon at trial, such as police notebook entries, incident logs and unused witness statements. This material can contain important evidence, including contradictory first accounts or information that undermines the prosecution case, making careful scrutiny essential.
The trial preparation process involves going through the prosecution evidence in detail, identifying the issues in dispute and preparing the cross-examination of prosecution witnesses. We will also proactively obtain defence evidence, including witness statements, character evidence and any other material that supports your case, ensuring your defence is fully prepared before the trial begins.
For a detailed guide to Magistrates’ Court trials, including disclosure, cross-examination, giving evidence and the key strategic decisions that can influence the outcome, read our article: What Happens at a Magistrates’ Court Trial – And What Can Influence the Verdict.
If you plead guilty, the Magistrates can either proceed to sentence on the day or adjourn the case for a pre-sentence report. Where they conclude that their sentencing powers are insufficient, they may commit the case to the Crown Court for sentence.
If a pre-sentence report has been ordered, we can advise you before your meeting with the Probation Service and help you prepare for the interview. A favourable report can often influence the recommendations made to the court and, ultimately, the sentence imposed.
We prepare detailed mitigation that places the offence into its proper context whilst highlighting the personal circumstances that may reduce the seriousness of the offence or sentence. Character references, supporting letters and evidence of rehabilitation can all assist the court in understanding the wider picture. We also make detailed submissions in support of the outcome you wish to achieve. For example, where unpaid work would be particularly difficult because of employment, caring responsibilities or medical issues, we can make submissions inviting the court to impose a different sentencing option.
If your case is committed or sent to the Crown Court, you will need to be represented by either a barrister or a solicitor with Higher Rights of Audience. This may be because your case is being tried before a jury or because the Magistrates have concluded that their sentencing powers are insufficient.
If your case has been committed to the Crown Court for sentence, this does not necessarily mean you will receive a more severe sentence. Crown Court judges regularly deal with more serious offences and have a wider range of sentencing powers available, including the ability to suspend custodial sentences. Careful preparation remains hugely important. We will prepare detailed mitigation, obtain supporting evidence and character references, and present the strongest possible case on your behalf.
If you plead not guilty, your case will usually begin with a Plea and Trial Preparation Hearing (PTPH), at which the court will set a timetable for the case. This includes important deadlines for serving a Defence Case Statement, obtaining expert evidence where necessary and ensuring both parties are ready for trial. We continue to prepare your defence throughout this process, working closely with counsel.
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