What happens if case is sent to Magistrates Court?

The magistrates in front of whom you first appear have to decide whether the case is suitable for summary trial. If they decide it isn’t (ie that it’s too serious to be heard in a magistrates’ court), the case will be sent to Crown court. If they decide the case is suitable, the defendant can accept this or insist that the case goes to Crown court.

Is it better to go to magistrates court or Crown Court?

If you intend to plead guilty, you should keep your case in the magistrates’ court, where you are likely to get a lower penalty. Your case will be heard sooner. Procedures are simpler. If convicted, your sentence (and court costs) are likely to be lower than in Crown court.

When do magistrates decide if evidence is admissible?

For example, if there is an argument about whether certain evidence (eg evidence of your previous convictions) is admissible in court, then the magistrates themselves (rather than a judge in the absence of the jury) will decide if it is admissible.

Why are magistrates less likely to accept political defences?

Magistrates are less likely to accept ‘political’ defences. Magistrates may get matters ‘out of proportion’ and could possibly impose larger penalties than the Crown court would in a similar case.

What happens at first appearance in Magistrates Court?

Once you are charged with an offence and if the police do not grant bail, the police bring you before a Magistrate as soon as possible. At this first appearance, you have a right to: plead to the charge at that first appearance. At this point, the Magistrate can either remand you in custody (that is, place you in gaol) or on bail.

Can a magistrate decide if you go to Crown Court or magistrates court?

Certain offences, including some assaults, drug offences and motoring crimes are known as either way offences, which means that Magistrates can decide if they should be heard in the Magistrates’ Court or at the Crown Court. What powers do magistrates have?

What happens if you fail to go to Magistrates Court?

You are being charged with a criminal offence which carries a minimum mandatory driving disqualification of at least 12 months. Failure to attend court for your hearing may see a warrant issued for your arrest and further charges being brought against you. You should ensure that you know exactly where the magistrates court is and how to get there.

Who are the people sitting in front of the magistrates?

In front of the magistrates will be the court clerk ( legal advisor ). Their job is to advise the magistrates on all aspects and technicalities of the law, they are not involved in deciding the outcome of any case, only to advise the magistrates on what the law states. All other people will be sat facing the magistrates and the court clerk.