Magistrates Court in the UK. What it handles and what to expect.

If you've received a court form in the post, or been arrested, or watched the news and wondered which court handles which cases, this page answers the question that runs through all of it: why does this go to Magistrates Court, not Crown Court? And what actually happens when you get there?

Magistrates Courts are where most criminal cases start and finish. They handle roughly 90 percent of the criminal workload in England and Wales. They are also completely different from Crown Court: different in scale, in how the law is applied, in who decides guilt, and in what sentence you can receive.

Here's what you need to know.

The short version

Magistrates Courts handle the lowest-level criminal cases. Nearly every offence you can be charged with goes through Magistrates Court first. For serious crimes like assault, theft, or fraud, it may stop there (if it's the "summary" version) or move to Crown Court for trial (if it's an "either-way" offence and either you or the prosecution asks to go up). District Judges (professional, paid) or lay magistrates (unpaid volunteers, three-person panel) hear cases and decide guilt. Sentences are limited: typically six months in prison, or a fine up to about 20,000 pounds for some offences. That cap is what separates Magistrates Court from Crown Court.

At a glance

What cases go to Magistrates Court

Three categories of criminal offence exist in English law. Understanding which your case falls into explains why it's in Magistrates Court or Crown Court.

Summary offences

These are the lowest-level crimes. They are tried only in Magistrates Court. Examples include most common assault, motoring offences, theft of small value, public disorder, breach of the peace. Summary offences carry maximum sentences of about six months in prison or fines up to the statutory limit (typically GBP 1,000 to GBP 5,000, depending on the offence, though some are much higher). The name "summary" means the court gives a summary judgment; no lengthy trial needed.

If you're charged with a summary offence, your case stays in Magistrates Court unless you elect trial by jury (rare, and not recommended without legal advice). Magistrates will either find you guilty or not guilty. If guilty, they sentence you.

Either-way offences

These offences can be tried in either Magistrates Court or Crown Court. Common examples are assault causing actual bodily harm, theft of higher value, fraud, handling stolen goods, driving with excess alcohol (some circumstances), burglary, most drugs offences.

For either-way cases, the procedural first step is "allocation". Magistrates decide whether the case is suitable for their court. If they decide it is, they'll normally try it themselves. But if you ask to go to Crown Court, or if they decide the case is too serious, it goes up. The Crown Court trial would be heard by a judge and jury; sentences can be much longer.

Indictable offences

These are the most serious crimes: murder, rape, grievous bodily harm with intent, robbery, manslaughter. They can only be tried in Crown Court. If you're charged with an indictable offence, Magistrates Court hears a preliminary hearing, then it goes up to Crown Court for trial.

Who decides: lay magistrates vs District Judges

This is a critical distinction because the person who hears your case changes how it runs.

Lay magistrates

Most Magistrates Courts use lay magistrates. These are ordinary people from the community who have volunteered to serve. They are unpaid. They sit as a panel of three. They have no formal legal training before they start (though they receive training on the job), and they are guided by a legal advisor who sits with them and answers legal questions.

Lay magistrates are appointed by a commission in each area. The appointments are supposed to be representative of the community. In practice, lay magistrates tend to be retirees, professionals with flexible schedules, or people with a strong sense of public service.

The advantage of lay magistrates is that guilt is decided by three people from your community, not a single professional judge. The disadvantage is that they can sometimes be inconsistent or swayed by their own biases. Their decisions are binding in Magistrates Court but can be appealed to Crown Court.

District Judges (Magistrates' Courts)

These are professional, salaried judges. They hear cases alone (one judge, no panel). They sit in busier courts or hear more complex cases. A District Judge (Magistrates' Courts) has the same sentencing powers as lay magistrates but typically handles cases that need expertise: complex fraud, breaches of bail conditions, judicial review applications in limited categories.

If you have a case heard by a District Judge, they are a single professional with legal training. Their decisions carry the same weight as lay magistrates' decisions but are often more consistent.

What happens: the day-to-day procedure

A typical Magistrates Court hearing follows a set pattern.

First appearance

You'll be brought to court (either because you were arrested or because you received a summons). The magistrates or judge will read the charge to you. The Crown Prosecution Service (CPS) will outline the allegation. You'll be asked to plead: guilty or not guilty.

If you plead guilty, sentencing usually happens on the same day or a few days later (magistrates may need time to get reports).

If you plead not guilty, the case is adjourned to a trial date. This usually happens 4 to 8 weeks later, depending on how busy the court is.

Bail and conditions

At first appearance, magistrates decide whether to release you on bail. They can impose conditions: not to contact witnesses, to report to a police station weekly, to live at a certain address, a curfew, electronic monitoring. If you're considered a flight risk or likely to reoffend, they can remand you (keep you in custody until trial).

Bail conditions are serious. Breaching them is itself a criminal offence and can result in being remanded into custody.

Trial (if you plead not guilty)

If you plead not guilty, the case goes to trial. Both sides present evidence. The CPS prosecutes (tries to prove guilt). You defend yourself or are represented by a solicitor or barrister. Witnesses are called and cross-examined. Magistrates listen and decide: guilty or not guilty.

The burden of proof is "beyond reasonable doubt". Magistrates must be certain of guilt; suspicion isn't enough.

Sentencing (if you're found guilty)

If found guilty, magistrates have powers to:

• Send you to prison (typically 6 months maximum per offence, or 12 months if multiple either-way offences are sentenced together).
• Fine you (varies by offence; GBP 20,000 for some, GBP 1,000 for others).
• Give you a community order (e.g., unpaid work, probation supervision, mental health treatment).
• Discharge you (conditionally or absolutely).
• Bind you over to keep the peace.

Before sentencing, magistrates receive a pre-sentence report from the Probation Service. This includes your criminal history, personal circumstances, employment, mental health. They also hear mitigation (a statement of why the sentence should be lenient).

Sentencing powers and limits

The key difference between Magistrates Court and Crown Court is sentencing power. Magistrates can imprison you for up to six months for a single summary or either-way offence. If you're sentenced for two or more either-way offences, the maximum goes up to 12 months total. Fines depend on the offence but can reach GBP 20,000 for the most serious summary offences.

In Crown Court, sentences are often much longer (years, not months, for serious crimes).

If magistrates think a case is too serious to sentence in Magistrates Court, they can send it to Crown Court for sentencing. This happens when they've convicted you of an either-way offence and decided the sentence they can impose isn't adequate.

When Magistrates Court sends a case to Crown Court

For either-way offences, there are two pathways to Crown Court.

First, if magistrates decide at allocation that the case is too serious for them, it goes straight up. They'll decide based on sentencing guidelines and the facts of the case.

Second, if you ask for trial by jury (your right for either-way offences), you go to Crown Court. This is less common because Crown Court trials are more expensive and more complex. Most defendants accept summary trial in Magistrates Court.

Third, if magistrates convict you but think the sentence they can impose is inadequate, they can commit (send) you to Crown Court for sentencing. The Crown Court judge can then impose a longer sentence.

Family Proceedings Court

Magistrates Courts also hear family matters, but not through the main court. The Family Proceedings Court is a special division. It handles private family disputes: contact orders (custody), residence orders, domestic violence protection orders, child maintenance. It does not handle divorce (that's County Court) but does handle the children and money side of family breakdown.

The same magistrates sit in the Family Proceedings Court as in the criminal court, but they follow different rules and procedures. Family cases are usually more private; the public and press have limited access.

Youth Court

If you're under 18 and charged with a crime, your case goes to Youth Court, which is a division of Magistrates Court. The same principles apply, but the procedures are different: the court is less formal, parents or carers attend, sentences are different (rehabilitation emphasis), and reporting restrictions keep your name out of the press.

Common misconceptions

"Magistrates Courts are where minor cases go." True, but "minor" is relative. Burglary, assault, fraud, drugs offences all pass through Magistrates Court first. Many stay there and are tried and sentenced there. It's not a "small case only" court.

"Lay magistrates are just volunteers with no training." They do receive training, and they're guided by a legal advisor in court. But it's true they have no formal legal qualification. If you want a professional judge, you can elect Crown Court trial (for either-way offences) or ask for the case to be heard by a District Judge.

"You don't have a right to a lawyer in Magistrates Court." You do. Legal aid is available if you meet the means test. The court must explain this to you.

"If you're found guilty in Magistrates Court, you can't appeal." You can appeal. The appeal goes to Crown Court (full rehearing) or to the Administrative Court (points of law only). There are time limits.

"All magistrates are old and out of touch." Recruitment is now more diverse. Courts are trying to recruit younger people and people from minority backgrounds. It's still not perfectly representative, but it's changing.

What to expect: practical advice

If you have a Magistrates Court hearing:

• Arrive early. Courts can start before 10 a.m. Being late risks the case going ahead without you.
• Dress neatly. It matters. Magistrates form an impression.
• Bring any documents you need (proof of address, character references, evidence for your defence).
• If you're representing yourself, prepare what you want to say. Write it down. Courts respect preparation.
• If you can't afford a solicitor, ask about legal aid. The court will explain the eligibility test.
• If you plead not guilty, you have the right to cross-examine witnesses and call your own. The court will help you understand the procedure.
• Listen carefully to what magistrates say at the end. They'll explain their decision (guilty/not guilty) and if they sentence you, they'll explain why.

Related concepts

If you found this page useful, these terms come up often in the same conversations and may be worth understanding:

• Crown Court. The higher criminal court, where serious cases are tried by judge and jury.
• CPS (Crown Prosecution Service). The government body that prosecutes crimes on behalf of the state.
• Bail. Release from custody on conditions while awaiting trial.
• Remand. Being held in custody (prison) before trial.
• Conditional discharge. A sentence where you're convicted but not punished; if you don't reoffend in a set period, the conviction is dismissed.
• Community order. A sentence that keeps you in the community (unpaid work, supervision, treatment).
• Pre-sentence report. A report from the Probation Service about your circumstances, used before sentencing.
• Either-way offence. A crime that can be tried in either Magistrates or Crown Court.
• Allocation. The hearing in Magistrates Court where the decision is made about which court should try an either-way case.
• Sentencing guidelines. Rules that judges and magistrates follow to make sentences consistent across cases.

Sources

The information on this page is based on:

• UK Judiciary. Official information on courts. https://www.judiciary.uk/
• Courts and Tribunals Services. Information on Magistrates Courts. https://www.gov.uk/courts-tribunals/magistrates-court
• HM Courts and Tribunals Service. Government body managing courts. https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service
• Crown Prosecution Service. Information on how the CPS prosecutes cases. https://www.cps.gov.uk/
• The Magistrates' Association. Professional body for magistrates. https://www.magistrates-association.org.uk/

This page was reviewed for accuracy on 2026-05-27. UK court procedures and sentencing powers change occasionally; check the courts' official websites for the most current information.

A note on what this page is and isn't

This is information, not legal advice. It describes how Magistrates Courts work in England and Wales, not what you should do in your particular situation. If you have a court hearing coming up and are unsure what to expect, talk to a solicitor about your specific case.

CaseCalm helps people understand UK court procedures, prepare documents, and find representation. We are not a law firm and we are not regulated by the Solicitors Regulation Authority. When your situation needs legal advice, we help you find qualified professionals.

Written by Peter Kolomiets. Reviewed for accuracy 2026-05-27. Comments or corrections to peter@casecalm.com.