Court clerk and usher in UK courts explained
When you walk into a UK courtroom, you will see the judge at the bench. But a court runs on a team of supporting staff working behind the scenes and in plain sight. Two of the most important roles are the court clerk and the court usher. Both are essential to the smooth running of justice, yet they perform entirely different functions.
A court clerk (officially called a Legal Adviser in magistrates courts) is a qualified legal professional who advises the judge or magistrates on law, procedure, and evidence. An usher is the courtroom administrator who calls cases, manages the public space, and ensures witnesses are sworn in correctly.
This guide explains what each role involves, how they support the court, and what you might see them doing on the day of your case.
The short version
Court clerks and ushers work together to keep the court functioning. The clerk advises on law; the usher manages the people and procedure. In magistrates courts, the clerk (Legal Adviser) is crucial because lay magistrates (non-lawyers) rely on legal guidance. In Crown Courts, qualified judges have associates (similar to clerks) for administrative and procedural support.
Neither role is a judge, a lawyer for a party, or a witness. Both work for the court, not for the Crown or the defence. Understanding their role helps you know who to ask questions to, and what to expect when they speak.
At a glance
| Role | Qualification | Main duty | Works in |
|---|---|---|---|
| Legal Adviser (Clerk) | Law degree + 3 years court experience + exam | Advises magistrate/judge on law, procedure, evidence | Magistrates courts |
| Court Usher | No formal qualification required; HMCTS training | Calls cases, manages courtroom, swears in witnesses | All courts |
| Court Associate | Often law degree + training; varies | Supports judge with paperwork, bundles, procedural notes | Crown Court |
| Court Reporter | Shorthand/voice-writing qualification | Records all testimony word-for-word for appeal record | Crown Court and some magistrates |
| HMCTS Administrator | No formal qualification required | Reception, filing, scheduling, building management | All courts |
Clerk to the Justices (Legal Adviser) explained
In England and Wales, magistrates courts rely on a legal adviser, officially called a Clerk to the Justices. This person is a trained lawyer with statutory responsibility to advise the bench on matters of law, practice, and evidence.
Qualifications
To become a Legal Adviser, you must:
- Hold a law degree (or equivalent qualification)
- Have at least 3 years of post-qualification experience in court work
- Pass the Legal Adviser (Magistrates Courts) qualification exam
- Be accredited by Her Majesty's Courts and Tribunals Service
This is a regulated role. Not all court staff can give legal advice; only accredited Legal Advisers can do so.
Why magistrates need a Legal Adviser
Lay magistrates are volunteers without legal training. They decide guilt or innocence on the facts, but the law can be complex. A Legal Adviser sits beside (or in front of) the magistrates and provides:
- Guidance on relevant law and sentencing guidelines
- Procedural advice (e.g. what evidence is admissible, how to handle a guilty plea)
- Points of law raised by either party
- Draft reasons for the decision, if required
The advice is given in open court, usually. Either party can challenge the advice or ask for clarification. The magistrates are not bound by the advice, though in practice, they almost always follow it. The Legal Adviser does not decide the case; the magistrates do.
Impartiality
A Legal Adviser works for the court, not the Crown or the defence. If a party believes the adviser has given biased advice, they can challenge the decision on appeal. But the adviser's statutory role is to ensure the law is applied correctly, which benefits both parties.
How the legal adviser supports lay magistrates
In a typical magistrates hearing, the Legal Adviser will:
- Remind magistrates of the burden and standard of proof (and when it shifts, in some situations)
- Explain what the prosecution must prove beyond reasonable doubt
- Advise if a defendant's statement is an admission (which affects the burden of proof)
- Point out if evidence is hearsay or inadmissible
- Explain sentencing powers and any statutory guidelines
- Advise on bail conditions, adjournments, or case management
- Draft the magistrates' decision and reasons
If a defendant pleads guilty, the Legal Adviser ensures the magistrates understand what the defendant has admitted to. If the case goes to trial, the adviser monitors the law as it is applied during evidence and closing arguments.
Court usher explained
The court usher is the public-facing operational arm of the court. While the judge hears the case and the clerk advises on law, the usher makes sure the physical courtroom functions. Ushers are employed by Her Majesty's Courts and Tribunals Service (HMCTS) and do not require a law degree.
Qualifications
Ushers typically:
- Complete HMCTS training on courtroom procedure and witness handling
- Pass security clearance
- Learn about vulnerable witnesses and special measures
- Develop communication and crowd management skills
There is no universal university qualification; training is on the job and via HMCTS induction programmes.
Role and independence
Like the Legal Adviser, the usher works for the court, not for either party. The usher must remain impartial and cannot discuss the merits of the case with anyone. If a party asks the usher for advice on law or procedure, the usher will direct them to their lawyer or to court publications.
What the usher does before court
Before cases begin, the usher:
- Checks the court papers are in order and complete
- Ensures exhibits are labelled and ready to be shown in court
- Checks that all parties have been notified and are present
- Manages the courtroom layout (seating for judge, parties, public gallery)
- Sets up audio-visual equipment if evidence will be shown on screen
- Ensures the court is clean, ventilated, and accessible
- Helps any vulnerable witnesses or those with accessibility needs
- Prepares the Bible or other holy book for oath-taking
If a case is delayed, the usher communicates with the parties and witnesses about the new time.
What the usher does in court
Once the court is in session, the usher's main duties are:
Calling the case
The usher calls out the name of the case and the case number. This signals to everyone that proceedings are starting. The usher will also call out the names of individuals as they are required to give evidence or take part in the proceedings.
Swearing in witnesses
All witnesses in court must either swear an oath or affirm (promise to tell the truth). The usher administers this. For an oath, the witness may choose to use a holy book of their faith (Bible, Quran, Torah, etc.), or swear on the court Bible. For an affirmation, the witness makes a solemn promise without religious words.
The usher ensures the witness understands the commitment and delivers the oath clearly. This is a crucial function: an oath improperly administered can be grounds for an appeal.
Managing the courtroom
The usher enforces court etiquette and rules. This includes:
- Asking the public to stand when the judge enters and leaves
- Ensuring silence during proceedings
- Managing the public gallery (no phones, no interruptions)
- Assisting witnesses who are distressed or confused
- Handling exhibits (passing documents, photos, or objects to the witness to inspect)
- Managing special arrangements for vulnerable witnesses (screens, separate room via video link)
- Alerting the judge if a party is not present when needed
Escorting people
The usher may escort a witness to and from the courtroom, show the defendant to the dock, or guide jurors to the jury deliberation room. In Crown Court, the usher escorts the judge in and out of court at the start and end of each session.
Court associate in Crown Court
Crown Courts do not have a Legal Adviser (judges are qualified lawyers). Instead, they have a court associate, a role that sits between the judge and the administrative team.
A court associate typically:
- Holds a law degree or equivalent qualification
- Assists the judge with legal research and procedural points
- Prepares bundles of documents and case summaries
- Takes notes during trial
- Helps manage the courtroom timetable
- Does not give legal advice in open court (that is the judge's role)
Associates are less visible to parties than ushers, but they perform essential administrative and research functions that keep Crown Court trials moving.
Court reporter or transcriber
In Crown Court, a court reporter (or transcriber) records all testimony. This creates an official record of every word said in court. This record is essential for:
- Appeals (the appeal court needs to know exactly what was said)
- sentencing decisions (a judge may need to recall a key detail)
- Professional regulation (if a barrister or solicitor is later disciplined, the original evidence is part of the record)
Court reporters use shorthand or digital voice-writing systems and produce a transcript (typed version) afterwards. They must be trained and accredited. Parties and their lawyers can request a copy of the transcript, usually at cost.
Some magistrates courts also use court reporters, particularly in serious cases or where a case is likely to be appealed.
HMCTS administrative staff
Behind every usher is a team of court administrators employed by Her Majesty's Courts and Tribunals Service. They handle:
- Case scheduling and listing (deciding which cases are heard on which days)
- Sending out court summons and jury notices
- Managing court diaries and judge availability
- Filing and storing court documents
- Processing applications (for adjournments, bail, etc.)
- Public counter inquiries (phone and in-person questions)
- Building maintenance and security
Administrators do not work in the courtroom, but without them, the court would not function. If you call the court to ask about your case number or when your hearing is, you will usually speak to an administrator.
How to address each role in court
Judge or Magistrates: "Your Honour" or "Sir" / "Madam". Stand when they enter. The judge always has the formal right to answer to "Your Honour".
Legal Adviser or Court Associate: Usually "Sir" or "Madam" when in court. They do not use "Your Honour"; that title is reserved for judicial office holders (judges and magistrates).
Court Usher: "Usher" or "Miss" / "Mr." / "Ms.". Ushers do not sit at the bench; they move around the courtroom and are approachable.
Court Reporter: Usually not addressed during proceedings. You may request a transcript after the hearing.
HMCTS Administrator: "Sir" or "Madam", or ask their name. They work at reception or in offices, not in the courtroom.
If you are unsure, ask politely. Court staff expect questions from people unfamiliar with the setting.
A court day from the usher's perspective
To understand how these roles fit together, imagine a typical magistrates court day:
08:30 , Usher arrives early. The usher checks the court is clean, checks the list of cases to be heard, and prepares documents. They check that the Bible is present and exhibits are organised.
09:00 , Cases begin. The Legal Adviser and magistrates arrive. The usher calls the first case. The prosecutor and defence lawyer are present; the defendant is in the dock or sitting with their lawyer.
09:15 , A witness arrives to testify. The usher collects the witness from the witness waiting room and takes them to the courtroom. The usher swears in the witness on the Bible. The prosecution asks questions. The defence asks questions. The witness is vulnerable and upset; the usher passes them a tissue and speaks kindly to them after cross-examination.
10:00 , A legal point arises. The defence lawyer argues the evidence should not be allowed. The Legal Adviser advises the magistrates on the law. The magistrates decide. The usher notes the decision and ensures it is recorded. The case continues.
12:30 , Lunch break. The usher tells everyone when the court will resume and where to wait.
13:30 , Afternoon cases. More cases are called. The usher manages the rhythm of the courtroom. Some cases plead guilty; some go to trial. Some are adjourned. The usher alerts the next party when their case is coming up.
16:00 , Magistrates finish for the day. The usher escorts them from court. The court is locked. The usher may help administrative staff file the day's documents.
This is a simplified picture, but it shows how the usher is the constant presence. They are the bridge between the judge or magistrates, the parties, the witnesses, and the public.
Common misconceptions
"The usher or clerk is a judge." No. Judges (including magistrates) are separate from court staff. Judges make decisions; clerks advise on law; ushers manage the process. Only a judge or magistrate can deliver a verdict or sentence.
"The clerk represents one party." No. The Legal Adviser and all court staff are neutral. They work for the court, not the Crown or the defence. If you think they have been biased, you can appeal and argue this.
"The usher can advise me on my case." No. Ushers cannot give legal advice. If you need advice, speak to your solicitor or barrister, or ask the court office for free resources (such as court guides).
"The court reporter is taking notes for the judge." Partly true, but the reporter's primary function is to create an official record for appeal and future reference. The judge also takes their own notes.
"I can ask the usher to pass a note to the judge." No. If you need to tell the judge something, your lawyer must do so formally. Informal notes are not appropriate.
"If the Legal Adviser makes a mistake, I can complain to them directly." You can raise it in court (your lawyer will do this), but you cannot lodge a formal complaint with the adviser directly. Complaints about court staff go to HMCTS management or via appeal.
Related concepts
- Magistrate versus judge
- What a solicitor does
- What a barrister does
- Crown Court and magistrates court
- How verdicts and sentences are reached
- Your right to a fair trial
- Appeals and review
- Evidence and witness testimony
- Vulnerable witnesses and special measures
Sources
- Her Majesty's Courts and Tribunals Service, Court staff roles (2026)
- UK Judiciary, The role of the Legal Adviser (2026)
- Ministry of Justice, Magistrates Court procedure guide (2026)
- Magistrates Association, Training and qualification standards for Legal Advisers (2024)
Disclaimer: This page provides general information about UK court staff roles. It is not legal advice. If you are involved in a court case, speak to a qualified solicitor or barrister.
Written by Peter Kolomiets, founder of CaseCalm. UK court staff roles reviewed 2026-05-28.