A Guide to Magistrates' Court Trials

A magistrate's court hearing is one that is used for criminal cases. These are cases that are arranged through a court summons or because the defendant has been charged at a police station. Criminal cases that are processed by a magistrates court are usually less severe than those that are transferred to the Crown Court.

The following guide explains Magistrates court processes and cases in greater depth, including the types of offences that can be dealt with by a Magistrates court, what happens in these hearings, sentencing and appealing.

Which offences can be processed by a Magistrates Court?

A Magistrates Court can deal with two types of criminal cases:

• Summary only offences. These types of offences can only be dealt with in a Magistrates Court and are usually minor offences. They include offences such as assault and driving offences.
• Either way Offences. These type of offences are more serious than minor crimes and include offences such as theft, actual bodily harm (ABH) and burglary. Either way offences can be dealt with in a magistrates' court or a Crown Court.

What happens during cases heard at a Magistrates' Court?

Most Magistrates' Court cases are public, and this means that members of the public are entitled to attend. The first hearing will begin with the court clerk asking the defendant to confirm their name and contact details. The process after that will depend upon the type of case that is being heard.

Summary Only Cases

Summary only cases are for less serious crimes, and in these instances, the court clerk will read out the charge to the defendant and then request that they plead either guilty or not guilty.

• Not guilty plea. If the accused opts to plead not guilty, the case will be adjourned as a trial will be necessary. The trial will not take place immediately as the prosecution will need time to prepare the case and arrange for witnesses to attend court to give evidence. The accused may also need time to prepare their defence.
• Guilty plea. If the defendant pleads guilty, a sentence will normally be passed on the same day by the Magistrates' Court. This can include fines, community orders or prison sentences.

Either way offences

For crimes that are mid-level seriousness, the Magistrates' Court may be used as a transit court. This means that for these types of cases the defendant may be asked to make their plea. If the defendant pleads guilty, the court will assess whether they can sentence after hearing from both the prosecuting and defence teams.

A Magistrates' Court is only authorised to pass sentences of a maximum of 12 months imprisonment. Therefore, if they think that the offence warrants a heavier sentence, they will need to transfer the case to a Crown Court.

If the defendant has entered a plea of not guilty or has opted to not make a plea at all, the court will assess the case following a review of the prosecution and defence teams. Between the parties, it will be determined whether the Magistrates' Court should hear the case or whether it would be best referred to the Crown Court.

If the Magistrates' Court opts to deal with the case, the defendant will be asked to decide where they would like to have their case heard. This means that in an either way case, the defendant can opt for a Crown Court hearing instead of a Magistrates' Court if they want.

The defendant will have positives and negatives to having their case heard in either court, and so it is important that they receive legal advice to determine the best option for them. The greatest advantage to having a case heard in a Crown court is that the number of trials that result in a ‘not guilty' verdict is higher.

At the Crown court, a jury will hear the trial and decide whether they think the defendant is guilty or not guilty. Studies have shown that juries are more likely to find an accused not guilty when compared to Magistrates Judges.

Trial Processes in a Magistrates' Court

In a magistrates' court trial, the process begins with a summary case being presented to the court by the prosecution team, and this process usually takes around five to ten minutes. The presentation is not evidence but instead acts as a way for the prosecution to set the foundations of the case and explain why the accused has been brought before the court.

The next step in the process is for the prosecution to call witnesses. Each witness will have already provided a statement, but the statements do not serve as evidence unless they can be confirmed as accurate by the defence solicitor and the prosecution team.

If the contents of the witness statement cannot be agreed to be accurate by both sides, the witness will be called to court to provide evidence. The answers that the witness gives to questions that are put to them by the defence solicitor will serve as evidence. All answers will be given under an oath which is sworn by the witness when they enter the court.

In some cases, the evidence that the witness gives in court may differ from the contents of their witness statement. The defence team are entitled to ‘cross examine' the witness, asking them their own questions and trying to capture information that might support the defendant or damage the prosecution's case. This type of questioning can be tense and fast paced, and so witnesses should be prepared for aggressive questioning from both sides.

Once the prosecution team have called and questioned their witnesses, they will confirm that their ‘case is closed'.

The defence team then have their chance to put forward a case for the accused. In some cases, the defence may argue that the prosecution team have not given enough evidence to demonstrate the guilt of the defendant. This may result in an argument that there is ‘no case to answer'. If this is deemed to be the case, the court will bring the case to an end, and the defendant will be considered not-guilty. However, if the court finds that there has been enough evidence produced by the prosecution team, the defence will be required to make their case.

The first person who will be called in a defence case is the defendant - the person who is accused of committing the crime. Witnesses for the defence will be called after the defendant has spoken. Witnesses for the defence may be those who were present when the alleged crime took place, character witnesses for the defendant or those who saw or heard the event.

Once all defence witnesses have spoken, the defence solicitor will address the judges and provide a closing speech to summarise the case in support of the accused's innocence. The speech gives the lawyer the opportunity to highlight any shortcomings in prosecuting evidence, point out discrepancies and inconsistencies in the case against the defendant and to summarise why the defendant should be found not-guilty.

Once the hearing is complete, the judge or judges will retire to discuss the case and consider the verdict that they are going to pass.

Magistrates' Court Sentences

A Magistrates' Court can pass a number of sentences. Some of the most common ones are outlined below:

Custodial Sentences.

This means a prison sentence is imposed on the defendant. When a Magistrates' Court considers a prison sentence, they usually request a report about the defendant that will help them to determine whether this sentence would be appropriate. In such cases, the court will typically adjourn for sentencing and set a date for the defendant to return to hear their decision.

The court can pass a minimum prison sentence of five days and a maximum custodial sentence of 6 months for a single offence. The court does have the power to increase the maximum custodial sentence to 12 months if the accused is found guilty of multiple crimes.

Suspended Sentences

The Magistrates' Court has the authority to suspend a prison sentence if the sentence is between 14 days and six months. If the Magistrates' Court chooses to suspend the sentence, they are required to impose at least one requirement for the defendant to undertake within the community. This works in a similar way to a Community Order, and if the defendant does not fulfil their community duties, the suspended sentence can be activated by the Magistrates.

Community Orders

Community Orders can be imposed by a Magistrates' Court, and this means that the accused will be required to carry out some form of community work with the view to this punishing them or to help in their rehabilitation. It is believed that Community Orders help to repatriate convicts into the community more successfully.

The Community order may mean that the individual has to carry out unpaid work or complete treatment courses for alcohol and drug problems. The Probation Service will supervise community Order participants.

Fines and Compensation

A Magistrates' Court can order that the individual needs to pay a fine and compensation where necessary. The amount that must be paid will depend upon the severity of the crime and the individual's ability to pay. Compensation may be ordered when victims have suffered a personal injury, loss or damages because of the actions of the accused.