Magistrates Court
Our Solicitors routinely appear before the Magistrates Court.
Attending a Magistrates Court can be incredibly stressful and worrying. There is the obvious worry about the potential consequences and impact of your case. There is also the concern about the process, procedure and advocacy. Our experienced criminal advocates can alleviate these concerns by advising, preparing and advocating for you. Instructing an advocate on your behalf can help in negotiation with the prosecution, legal arguments and effective representation.
It is essential that you instruct a solicitor in whom you have confidence and can ask any question without hesitation. At Chris Stevenson Solicitors we have a dedicated team who will provide the support needed to help you through each stage of your case.
Contact Chris Stevenson Solicitors to discuss representation
What offences are dealt with in the Magistrates Court?
All offences start in the Magistrates Court. The first hearing of any case will always be in the Magistrates Court. An explanation below details the how the different offences are dealt with by the Court.
Summary Only Offences
These offences can only be dealt with in the Magistrates Court as they have a maximum prison sentence of six months imprisonment. Some common examples of summary only offences are Common Assault (Assault by Beating), Drink Driving and most Road Traffic Offences.
Summary only offences can only be dealt with by the Magistrates Court unless they are linked to an offence that will be dealt with in the Crown Court.
Either Way Offences
An either way offence can be dealt with by the Magistrates Court or the Crown Court.
Examples of common either way offences are Possession of a Controlled Drug with Intent to Supply, Assault occasioning actual bodily harm (ABH), Affray, Fraud and Theft.
The main determining factor as to whether a case will be dealt with by the Magistrates Court or the Crown Court is the potential outcome if you are found guilty.
The Sentencing Guidelines relating to that offence will be the biggest factor in determining in which Court the case is dealt. Effective representation and advocacy will play a huge role as we may seek to persuade the Court that the Prosecution’s categorisation of the case is wrong and explain why we think it should be dealt with in a certain way.
Further information before the Court that will affect the allocation decision is the number of either way offences that are before the Magistrates Court(see below), the record of previous convictions, the circumstances and facts of the case.
It is important that you instruct an advocate in which you have confidence who can explain this and the ramifications of the case being dealt with by the Magistrates Court or the Crown Court. Effective representation at the outset can have a huge impact on how the case concludes.
1 Either Way Offence
The maximum prison sentence that the Magistrates Court can impose is 12 months imprisonment.
If the Magistrates decide that a prison sentence in excess of 6 months could be imposed, if you are convicted of this offence, then the case will be allocated to the Crown Court.
It also does not mean that a prison sentence in excess of 6 months or more must be imposed if the case is dealt with by the Crown Court.
2 Either Way Offences
If you are charged with 2 either way offences the maximum available sentence the Magistrates Court can impose is 12 months imprisonment.
If the Magistrates decide, if convicted of these matters, that a prison sentence in excess of 12 months could be imposed then the case will be allocated to the Crown Court.
It does not mean that a prison sentence in excess of 12 months must be imposed if the case is dealt with by the Crown Court.
Indictable Only Offences
These offences are the most serious offences that are dealt with by the Courts. Examples of these types of offence are Criminal Conspiracies, Murder and Robbery.
The first appearance for an indictable only will be in the Magistrates Court before the case is immediately allocated to the Crown Court.
Even though this offence will be dealt with and concluded in the Crown Court, whilst in the Magistrates Court you will be expected to indicate a plea. This indication can have a major impact on the eventual outcome.
It is very important therefore that you have effective representation by an experienced advocate when you appear before the Court.
What does my solicitor do in the Magistrates Court?
As your instructed solicitor in the Magistrates Court we will go through all the evidence with you and advise you as to the evidence and the law.
We will prepare your case, listen to what you have to say and advise you as to your plea. We will contact witnesses and instruct experts on your behalf, if we feel your case warrants expert evidence.
It is often said the role of the solicitor is to alleviate the clients concerns and fears during their case. Here at Chris Stevenson Solicitors we pride ourselves in our ability to advise you clearly and informatively.
We will either undertake the advocacy in the Magistrates Court, or instruct a Barrister on your behalf. We have strong links with Barrister’s chambers both locally and further afield.
Ultimately we will do all that we can to achieve the best possible outcome for you in your case.
Will I have to pay for my representation in the Magistrates Court?
In all cases we will discuss with you whether you are eligible for Legal Aid.
Legal aid is means tested and we will undertake a full means assessment to assess your eligibility.
We have represented many clients that have instructed us on a private client basis as legal aid was either unavailable or not right for them.
Contact us immediately to discuss representation.
What happens if I do not quality for Legal Aid?
If you do not qualify for Legal Aid, we will be happy to represent you on a private client basis.
We will assess your case and discuss your fees from the outset. Chris Stevenson Solicitors have been instructed on numerous privately paid criminal defence cases and deliver a high quality service.