Inside the Magistrates' Court: Where Most Justice Happens

When people picture a criminal court they tend to imagine wigs, a jury box and a judge in red. That image describes a small minority of what actually happens in the criminal justice system.

The overwhelming majority of criminal cases in England and Wales begin, and end, in a magistrates' court. It is the workhorse of the system, and it operates rather differently from the courtroom drama version.

Here is how it works, who decides, and why the distinction between the two tiers of criminal court matters so much to anyone caught up in a case.

Most cases never reach a jury.

The figure surprises people every time. The large majority of criminal cases are concluded in the magistrates' court rather than the Crown Court.

That is not because serious offending is rare. It is because the bulk of criminal offending consists of matters such as driving offences, low-level assaults, public order matters, criminal damage, theft and breaches of court orders.

Every single criminal case, including murder, starts with a first appearance before magistrates. The most serious are then sent straight up to the Crown Court, but the journey begins in the same building.

Three magistrates or one district judge.

Cases are heard either by a bench of magistrates, usually three, or by a single district judge sitting alone.

Magistrates are volunteers from the local community. They are not required to hold legal qualifications and are not paid a salary, though expenses and loss of earnings can be claimed. They receive training and sit for a minimum number of days each year.

Because magistrates are not lawyers, they are advised throughout by a legal adviser who sits in front of the bench. That adviser guides on law, procedure and sentencing but takes no part in deciding guilt.

District judges are professional, salaried lawyers who sit alone and tend to take longer or more complex matters, including some contested trials and cases with legal complications.

Offences fall into three categories.

Summary offences can only be dealt with in the magistrates' court. Most road traffic matters fall here, along with many public order offences.

Indictable-only offences, including murder, rape and robbery, can only be tried in the Crown Court. Magistrates deal with the first hearing, address bail, and send the case upwards.

Either-way offences sit between the two, and this is where things become interesting. Theft, many assaults and burglary of non-dwellings can be heard in either court.

Allocation decides where an either-way case goes.

For either-way offences, magistrates first decide whether their sentencing powers are sufficient. If they consider the offence too serious for what they can impose, they decline jurisdiction and send it to the Crown Court.

If magistrates are prepared to keep the case, the defendant then has a choice. They may accept summary trial or elect trial by jury in the Crown Court.

That choice carries real consequences either way. Crown Court trials generally take considerably longer to come to court, but a jury of twelve is a genuinely different tribunal from three magistrates. It is a decision no defendant should make without proper legal advice.

Sentencing powers are limited by law.

Magistrates' sentencing powers are capped by statute, with maximum custodial terms considerably shorter than those available in the Crown Court. Those limits have been adjusted by government more than once in recent years, so anyone needing the current figure should check the position at the time rather than relying on older guidance.

Magistrates can also impose fines, community orders with requirements such as unpaid work, curfews, driving disqualifications and compensation orders.

If, having heard the facts, the bench concludes its powers are insufficient, it can commit the case to the Crown Court for sentence. Defendants who pleaded guilty on the basis of staying in the lower court sometimes find this a very unwelcome development.

The first hearing sets the direction.

A first appearance is usually short but consequential. The charge is put, a plea is taken or the case is adjourned, and bail is considered.

Where a defendant pleads guilty to a straightforward summary matter, the case can be dealt with entirely at that first hearing, sometimes within minutes.

Where a not guilty plea is entered, the court sets a trial date and makes case management directions covering witnesses, evidence and any legal issues to be resolved beforehand.

The courts are open to the public.

Criminal courts sit in public as a matter of constitutional principle. Anyone can walk into the public gallery of a magistrates' court and watch proceedings, without booking or explanation.

There are limited exceptions, particularly in the youth court, which deals with defendants under eighteen and operates under restrictions on both attendance and reporting.

Anyone curious about how the system genuinely functions would learn more in an afternoon in a public gallery than from any amount of television drama. The pace is brisk, the language is procedural, and the reality is a great deal less theatrical.

Legal advice is available and worth taking.

Duty solicitors are available at court for defendants facing certain charges, particularly where custody is a realistic possibility. Legal aid may be available depending on the offence and the defendant's means.

Even for matters that seem minor, the consequences can extend well beyond the court door. A conviction may affect employment, insurance, travel to certain countries and professional registration.

Anyone facing a criminal charge, however trivial it appears, should take advice before entering a plea rather than afterwards.

Share your thoughts.

Have you ever sat in a public gallery and watched a court in session?