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UK Magistrates' Courts Explained: How They Work, What Cases They Handle, and Your Rights

News · January 15, 2025 · Daily Junction Editorial Team · 9 min

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Magistrates' courts handle over 90% of criminal cases in England and Wales, from traffic offences to serious crimes' first hearings. Understanding how these courts work—and the role of volunteer magistrates—is essential if you are summoned to appear.

Magistrates' courts are the workhorses of the English and Welsh criminal justice system, handling over 1.3 million cases per year—more than 90% of all criminal prosecutions. From traffic offences and shoplifting to first hearings for murder and rape, magistrates' courts are where most people's contact with the criminal justice system begins and ends. What makes these courts unique is that most cases are decided not by professional judges, but by lay magistrates—unpaid volunteers from the local community with no legal training, who sit in benches of three and are advised by a legally qualified clerk. Understanding how magistrates' courts work, what powers they have, and your rights if you appear before them is essential whether you are a defendant, witness, or victim.

What Are Magistrates' Courts?

Magistrates' courts are the lowest tier of criminal courts in England and Wales. They are local courts, with around 150 magistrates' court buildings across the country, though this number has fallen from over 300 in 2010 due to court closures and consolidation.

Magistrates' courts handle three types of criminal cases:

1. Summary Offences (Minor Crimes)

Summary offences are the least serious crimes, which can only be tried in magistrates' court. Examples include:

• Traffic offences (speeding, driving without insurance, drink-driving)
• Minor criminal damage (under £5,000)
• Common assault (assault without injury)
• Being drunk and disorderly
• TV licence evasion

Summary offences account for the majority of magistrates' court cases. In 2023, magistrates' courts handled over 900,000 summary offences, according to Ministry of Justice statistics from December 2024.

2. Either-Way Offences (Mid-Level Crimes)

Either-way offences are mid-level crimes that can be tried in either magistrates' court or Crown Court. Examples include:

• Theft (shoplifting, burglary of non-dwelling)
• Assault occasioning actual bodily harm (ABH)
• Fraud (under £100,000)
• Drug possession with intent to supply (Class B or C drugs)
• Criminal damage (over £5,000)

For either-way offences, the process is:

1. Plea before venue — the defendant enters a plea (guilty or not guilty)
2. Allocation decision — if the defendant pleads not guilty, magistrates decide whether to accept jurisdiction (try the case themselves) or send it to Crown Court
3. Defendant's election — if magistrates accept jurisdiction, the defendant can choose to be tried in magistrates' court or Crown Court (Crown Court offers jury trial but higher sentencing powers)

In 2023, magistrates' courts handled around 300,000 either-way offences, with the majority tried in magistrates' court rather than Crown Court.

3. Indictable Offences (Serious Crimes) — First Hearings Only

Indictable offences are the most serious crimes, which can only be tried in Crown Court. Examples include:

• Murder, manslaughter, rape
• Robbery
• Serious fraud (over £100,000)
• Drug trafficking (Class A drugs)

Magistrates' courts handle the first hearing for indictable offences, where the defendant is formally charged and the case is sent to Crown Court for trial. Magistrates also decide whether to grant bail or remand the defendant in custody.

In 2023, magistrates' courts handled first hearings for around 100,000 indictable offences.

Who Are Magistrates?

There are two types of magistrates:

1. Lay Magistrates (Justices of the Peace)

Lay magistrates (also called Justices of the Peace or JPs) are:

• Unpaid volunteers from the local community
• Not legally qualified (no law degree or legal training required)
• Appointed by the Lord Chief Justice on the advice of local advisory committees
• Sit in benches of three (occasionally two if necessary)
• Advised by a legally qualified clerk (legal adviser) on points of law and procedure

There are around 12,000 lay magistrates in England and Wales, down from over 25,000 in 2010 due to court closures and reduced caseloads.

Who can become a lay magistrate?

To be appointed, you must:

• Be aged 18-65 (retire at 70)
• Live or work in the local justice area
• Be of good character (no serious criminal convictions)
• Commit to sitting at least 13 days per year (half-day sessions)
• Complete training (around 3-4 days initially, plus ongoing training)

Lay magistrates are meant to represent the community and bring "common sense" to the justice system. They are not paid, but receive expenses (travel, subsistence, loss of earnings up to a daily cap).

2. District Judges (Magistrates' Courts)

District judges (magistrates' courts) (formerly called stipendiary magistrates) are:

• Legally qualified (barristers or solicitors with at least 7 years' experience)
• Salaried, full-time judges (paid around £110,000-£130,000 per year)
• Sit alone (no bench of three)
• Handle more complex or sensitive cases (extradition, long trials, youth court, cases involving children)

There are around 140 district judges in England and Wales. They handle a small minority of cases (around 5-10%), but these tend to be the most complex or time-consuming.

How Magistrates' Courts Work: The Process

The process in magistrates' court depends on whether the defendant pleads guilty or not guilty.

1. First Hearing

The defendant appears in court (in person or via video link from prison if remanded in custody). The court:

• Confirms the defendant's identity and address
• Reads the charges (the offence(s) the defendant is accused of)
• Asks for a plea (guilty or not guilty)
• Decides on bail or remand (whether the defendant is released or held in custody until trial)

If the defendant pleads guilty, the court proceeds to sentencing (either immediately or after a pre-sentence report).

If the defendant pleads not guilty, the court sets a trial date and gives directions (e.g., prosecution must serve evidence by a certain date).

2. Trial (If Not Guilty Plea)

Magistrates' court trials are summary trials (no jury). The process is:

1. Prosecution opening — the prosecutor outlines the case and calls witnesses
2. Defence cross-examination — the defence lawyer questions prosecution witnesses
3. Defence case — the defence calls witnesses (if any) and the defendant may testify
4. Prosecution cross-examination — the prosecutor questions defence witnesses
5. Closing speeches — both sides summarize their case
6. Magistrates retire — the bench (or district judge) retires to consider the verdict
7. Verdict — the bench returns and announces guilty or not guilty

The magistrates (or district judge) decide both guilt (based on the evidence) and sentence (if guilty). There is no jury.

The burden of proof is on the prosecution, which must prove guilt beyond reasonable doubt. If the magistrates are not sure, they must acquit.

3. Sentencing

If the defendant is found guilty (or pleads guilty), the court sentences based on sentencing guidelines from the Sentencing Council. Magistrates' sentencing powers are:

• Custodial sentence — up to 6 months for a single either-way offence, or 12 months for two or more either-way offences (summary offences have lower maxima, e.g., 28 days for common assault)
• Suspended sentence — prison sentence suspended for up to 2 years (served only if the offender reoffends)
• Community order — requirements such as unpaid work (40-300 hours), curfew, rehabilitation activity, drug/alcohol treatment
• Fine — unlimited since 2015 (previously capped at £5,000), though fines are means-tested and typically range from £100 to £2,000
• Discharge — absolute (no penalty) or conditional (no penalty unless the offender reoffends within a set period)

If magistrates believe their sentencing powers are insufficient, they can commit the defendant to Crown Court for sentencing, where a judge can impose longer sentences (up to the statutory maximum for the offence).

4. Appeals

Defendants can appeal:

• Against conviction — to Crown Court (retrial by a judge and two magistrates)
• Against sentence — to Crown Court (re-sentencing by a judge and two magistrates)
• By way of case stated — to the High Court (on a point of law)

The prosecution can also appeal against a magistrates' court decision by way of case stated (on a point of law).

Youth Court: Special Magistrates' Court for Children

Youth courts are specialist magistrates' courts for defendants aged 10-17. They have special features:

• Closed to the public (only parties, lawyers, and approved observers can attend)
• Specially trained magistrates (youth panel)
• Less formal (magistrates do not wear wigs or gowns)
• Parents/guardians must attend (for defendants under 16)
• Different sentencing options (youth rehabilitation orders, detention and training orders, referral orders)

The age of criminal responsibility in England and Wales is 10—one of the lowest in Europe. Children aged 10-17 are prosecuted in youth court unless the offence is very serious (e.g., murder, rape), in which case they are tried in Crown Court.

In 2023, youth courts handled around 30,000 cases, down from over 100,000 in 2010, reflecting a significant fall in youth crime and increased use of out-of-court disposals (cautions, youth conditional cautions).

Legal Representation and Legal Aid

Defendants have the right to legal representation in magistrates' court. Options include:

1. Duty Solicitor (Free)