Going to Court for the First Time — Magistrates' Court
- Written By The Kulturalism Team
- Mar 24
- 10 min read
The first time you walk into a Magistrates' Court, the building itself can feel like it was designed to unsettle you. The security scanner at the door. The waiting areas filled with people who all seem to know something you don't. The notices on the walls written in language that assumes you already understand the process. The court officers moving with a purposefulness that signals this is entirely routine for them and entirely not routine for you.
That feeling is normal. It is almost universal. And the single most effective thing you can do to counter it is to know, in advance, exactly what is going to happen — so that when it does, you are not absorbing information and managing anxiety at the same time. You are simply doing what you prepared for. That is what this guide is for.
What Is the Magistrates' Court?
The Magistrates' Court is the entry point for virtually all criminal cases in England and Wales. Approximately 95 percent of all criminal cases are heard and concluded here. If you are appearing in a criminal matter — whether as a defendant, a witness, or because you have been summoned — the Magistrates' Court is almost certainly where your journey begins.
It also handles civil matters including council tax and business rate enforcement, licensing decisions, and some family matters at the initial stage.
Magistrates' Courts are presided over either by a District Judge — a legally qualified, salaried, professional judge who sits alone — or by a bench of lay magistrates, usually two or three, who are volunteers from the community trained to decide cases. Lay magistrates are not lawyers. They are supported by a legal adviser — sometimes called a court clerk — who sits in front of or below the bench and advises them on points of law.
Understanding who is sitting matters. A District Judge will move faster, ask sharper questions, and require less explanation of basic procedure than a lay bench might. A lay bench will defer more visibly to their legal adviser. Neither is better or worse for a litigant in person — but knowing which you are facing helps you calibrate your approach.
Types of Cases in the Magistrates' Court
Criminal offences are divided into three categories that determine where they are dealt with.
Summary only offences are the least serious and can only be tried in the Magistrates' Court. These include most road traffic offences, minor assault, being drunk and disorderly, and low-value criminal damage.
Either-way offences can be tried in either the Magistrates' Court or the Crown Court. Examples include theft, assault occasioning actual bodily harm, and some drug offences. For either-way offences, there is an allocation hearing — sometimes called a mode of trial hearing — at which the magistrates decide whether the case is suitable for summary trial or should be sent to the Crown Court. You also have the right to elect Crown Court trial for an either-way offence, which is your right to be tried by a jury.
Indictable only offences — the most serious, including murder, rape, and robbery — must be tried in the Crown Court. They appear in the Magistrates' Court only briefly for an initial hearing before being sent up.
Knowing which category your offence falls into tells you whether your case will be concluded in the Magistrates' Court or whether you are likely to be heading to the Crown Court.
Before You Go — What to Do
Confirm the date, time, and location. Magistrates' Courts are not always in the most central or obvious locations. Confirm the exact address — not just the town — and plan your journey with enough time to go through security, find the right waiting area, and compose yourself before your case is called. Arriving rushed and flustered is entirely avoidable and puts you at an immediate disadvantage.
Read every document you have been given. Your charge sheet or summons tells you what you are accused of or why you have been asked to attend. Read it carefully. If there are bail conditions on it, make sure you have complied with them. Attending court in breach of your bail conditions — even inadvertently — is a separate matter that can complicate your case before it begins.
Know your plea if you are a defendant. If this is a first hearing on a summary or either-way offence, you may be asked to enter a plea — guilty or not guilty. Think carefully about this before you arrive. If you are not sure, say you are not ready to enter a plea and ask for an adjournment to take legal advice. You are entitled to do this, particularly if you have not yet had the opportunity to obtain representation.
Bring everything relevant. Any documents you have been told to bring. Any evidence you want the court to consider. Your identification. If you have a solicitor, their contact details. If you have been told to bring a specific document and you do not have it, contact the court before the hearing — not on the day — to explain.
On the Day — Arriving at Court
Arrive at least 30 minutes before your listed time. Court listings are not always accurate — hearings run early or late — but being there early gives you time to check in, find the duty solicitor if you need one, and understand the layout of the building before you need to be anywhere specific.
Go through security as you would at an airport. You will be asked to remove coats, put bags through an X-ray machine, and walk through a scanner. Do not bring anything you would not be permitted to take through airport security — including anything that could be considered a weapon.
Find the court office or the usher and tell them you are there. Give your name, your case name or number if you have it, and confirm which court you are listed in. They will direct you to the correct waiting area or courtroom.
Find the duty solicitor if you are unrepresented. Every Magistrates' Court has a duty solicitor available on the day to provide free initial advice and, in some cases, representation. This is funded by legal aid. You do not have to qualify financially to speak to the duty solicitor — you simply ask to see them. Do this as soon as you arrive. They are busy, they have multiple clients on the same day, and the earlier you speak to them the more useful the advice they can give you will be.
Even if you intend to represent yourself for the long term, use the duty solicitor for your first appearance. A few minutes of advice from someone who knows how this particular court operates is worth more than hours of preparation done alone.
The Layout of the Courtroom
Walk in knowing what you are looking at. At the front of the room, elevated on a bench, is where the magistrates or District Judge sit. There will usually be a coat of arms on the wall behind them.
Directly below or in front of the bench is the legal adviser's position — the court clerk who advises lay magistrates on points of law.
To one side — usually the left as you enter — is the dock. Defendants who are on bail often sit in the dock too, though practices vary. In some courts, for straightforward hearings, defendants on bail are permitted to sit at the advocate's table. If you are unsure where to sit, ask the usher.
The advocates' tables — where barristers and solicitors sit — are in the centre of the room facing the bench. If you are representing yourself, you will sit or stand at the advocate's position to address the court. You are entitled to do this. Do not stand in the dock to address the magistrates if you are making submissions — move to the advocate's position.
The witness box is to one side, where witnesses give their evidence.
The public gallery, if there is one, is at the back.
The usher — usually wearing a black robe — manages the running of the courtroom, swears in witnesses, and can answer basic questions about procedure. They are not able to give legal advice but they are usually willing to help with practical questions if you ask politely.
What Happens in the Hearing
First appearance / initial hearing
For summary and either-way offences, this hearing is usually brief. The charge is put to you and you may be asked to enter a plea.
If the offence is either-way, the court will decide whether the case should remain in the Magistrates’ Court or be sent to the Crown Court.
Bail is considered, and a date for the next hearing is set.
The hearing may only take a few minutes. Do not be alarmed by the speed — this stage is largely administrative, not a full hearing of the evidence.
Plea and trial preparation hearing (PTPH equivalent in Magistrates’ Court)
If you plead not guilty, the court will set a trial date and deal with case management.
This includes:
identifying the issues in dispute
confirming what evidence will be used
setting timelines for disclosure and witnesses
You may be asked about the expected length of the trial and the number of witnesses.
Trial
This is the full hearing where evidence is presented and the case is decided.
The prosecution presents its case first, calling witnesses and relying on evidence. You (or your representative) can cross-examine those witnesses.
You then present your case, including your own evidence and any witnesses.
Both sides may make closing submissions. The magistrates or District Judge will then consider the evidence and deliver a verdict.
Sentencing
If you plead guilty or are found guilty, the court will impose a sentence.
This may happen immediately or be adjourned for a pre-sentence report prepared by the Probation Service.
You have the right to present mitigation — explaining your circumstances and any factors that may reduce the sentence. This is important and should be prepared in advance.
How to Address the Court
In the Magistrates’ Court, lay magistrates are traditionally addressed as “Sir” or “Madam,” or collectively as “Your Worships.” In practice, “Sir” or “Madam” is now most commonly used.
A District Judge (Magistrates’ Court) is also addressed as “Sir” or “Madam.”
Avoid addressing the magistrates as “you.” Instead, use “Sir,” “Madam,” or refer to “the court.”
Speak clearly and directly. For example:“Sir, I would like to address the court…” or“Madam, my position is…”
Stand when addressing the court, unless told otherwise. Sit while others are speaking, unless asked to remain standing.
Remain composed. If you feel nervous, slow your speech deliberately. Nerves often make people speak too quickly — speaking clearly and at a steady pace will help the court follow what you are saying.
Cross-Examining a Witness
If you are a defendant in a trial and you need to cross-examine a prosecution witness, keep these principles in mind.
Ask short questions. Not speeches. Not statements. Questions. And where possible, closed questions — ones that require a yes or no answer — rather than open ones that give the witness room to expand.
Do not argue with the witness. Do not become emotional. Do not put propositions to them at length — put the point briefly and move on. If they agree, that is your evidence. If they disagree, that is noted and you address it in your own evidence or closing submissions.
You are not trying to win the argument with the witness in the moment. You are building a record for the magistrates to consider.
If a witness says something unexpected — something that helps you — do not visibly react. Note it. Use it in your closing submissions.
After the Hearing
Whatever the outcome, take time before making decisions about next steps.
If you are convicted and wish to appeal, you generally have 21 days from the date of sentence to appeal to the Crown Court.
An appeal to the Crown Court from the Magistrates’ Court is a rehearing of the case. This means the case is heard again before a Crown Court judge sitting with two magistrates, rather than simply reviewing whether the original decision was correct. The court will consider the evidence afresh.
If you believe the magistrates made an error of law — not simply that they reached the wrong conclusion on the facts — you can apply for case stated, asking the High Court to rule on whether the law was applied correctly. This is a more technical process.
If costs are being considered, you have the right to make representations about your financial circumstances before any order is made. It is usually best to raise this at the hearing.
The Things Nobody Tells You
The waiting is harder than the hearing. You may be listed at 10am and not called until 2pm. Bring water. Bring something to occupy your mind. Do not sit for four hours rehearsing the worst possible outcome — it depletes you before you need to be at your best.
The courtroom is smaller than you imagine. Everything on television about courts suggests vast, theatrical spaces. Most Magistrates' Courts are modest rooms.
The legal adviser is not your friend but they are not your enemy. They are there to advise the bench on the law, not to help you. But they will often explain procedure to a litigant in person if asked politely at an appropriate moment.
Other people in the waiting area are not your audience. Do not discuss your case with strangers. Do not discuss it loudly on a phone call. You do not know who is listening or who they are connected to.
The magistrates are human beings. They make decisions based on what they hear and see in the room. Composure, preparation, and respect for the process count for more than you might think — not because courts are superficial, but because how you present reflects on how seriously you are taking the matter and, by extension, how seriously they will take you.
A Final Word
The Magistrates' Court is, for most people, the only court they will ever set foot in. It handles an enormous volume of cases with limited time and resources. For the people who sit in it every day — the magistrates, the clerks, the prosecutors, the duty solicitors — it is routine.
For you, it is not routine. It may be one of the most significant days of your life.
That asymmetry is real. Acknowledging it is not weakness. Preparing for it, understanding it, and walking in anyway — that is exactly what you are doing by reading this.
You are not the first person to stand in that room without a lawyer beside them. You will not be the last. And the ones who fare best are the ones who knew what to expect.
Next in this series: → Litigant in Person — The Real Hurdles Nobody Warns You About → Using AI to Represent Yourself — The Honest Guide → Building a Court Bundle — Step by Step → The Crown Court — What Nobody Tells You → The Court of Appeal — Permission, Panels, and the Reality of Three Judges
This article is written for educational purposes and does not constitute legal advice. If you are facing legal proceedings, seek qualified legal representation where possible. Kulturalism is a public-interest Community Safety CIC — not a law firm.
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