Litigation and Advocacy in the Magistrates Court

If you have been charged or summonsed to attend Court in relation to any alleged criminal offence your case will begin at the Magistrates Court if you are over 18 and at the Youth Court if you are under 18. In either situation a duty solicitor will be available at Court to assist you provided your case is imprisonable. We strongly advise you against using the duty solicitor on the day.

You will find the Court environment to be extremely busy with each court room often dealing with more than 20 cases per day. You will be expected to make very important decisions. We advise that you contact us as far in advance of your hearing as possible so that we can secure funding, obtain case papers, arrange representation for you at Court and provide you with advice ahead of the hearing.

The first thing you will need to decide when you attend Court is whether you will be pleading guilty or not guilty. Often this is not as straightforward as people think. An understanding of the law is required to ensure that a guilty plea is appropriate and no defence exists against what is alleged.

If you are pleading guilty you will need to consider whether you accept the full prosecution case or whether you will be pleading guilty on a basis. You will then need to consider what personal mitigation will assist your situation. Without proper advice before attending Court you may well find that there was evidence or information that could have been assisted your case that you have failed to bring with you.

If you intend to plead not guilty you will find that is not as straightforward as simply denying your guilt. How your case is dealt with will depend on the seriousness and complexity of the allegation you face.

The least serious category of offences known as Summary Only offences must be dealt with in the Magistrates Court. The most serious offences are known as Indictable Only offences. These offences can only be dealt with in the Crown Court. The Magistrates Court will not even ask for a plea. However, in some circumstances you will be expected to indicate that you intend to plead guilty at the Crown Court in order to obtain maximum credit for doing so.

The final category of offences that can be dealt with in either the Magistrates Court or Crown Court are known as Either Way offences. If the Court deems the circumstances of an Either Way offence to be too serious or complex for the Magistrates Court the defendant will have no option and the case will be sent to the Crown Court. If the Court deems that the Magistrates Court could hear the case then the defendant can choose where their case is heard. There are many factors to be considered when making this choice and the advice of an experienced and astute solicitor is a must.

If your trial is to be dealt with in the Magistrates Court you will be required to complete a Preparation for Effective Trial (PET) Form. Cases can be won and lost on the completion of this form. It requires each side to identify the contested issues, what is agreed, any material sought and which witnesses are required for trial.

If your trial is to be dealt with in the Crown Court you will still need to identify the issues in the case and any evidence that you feel is needed before your first hearing in the Crown Court in 28 days time.

We regularly attend Magistrates Courts and Youth Courts across London and the South East. Courts that we regularly attend include the following:

Funding

To enable us to represent you in Court in connection with the charges brought against you, you may be entitled to apply for legal aid. We can assist you to complete an application form for this purpose, which we submit to the Legal Aid Agency on your behalf. Legal aid will be granted subject to two tests:

- Interest of justice

- Financial eligibility

The Legal Aid Agency will require evidence of your income. If you are receiving qualifying benefits from the DWP, you will be asked to provide your national insurance number and details of the type of benefit you are claiming. A check will be carried out by the Legal Aid Agency to confirm that you are in receipt of a qualifying benefit. 

If you are not in receipt of state benefits, you will need to supply your last three months wage slips and full details of all your expenses including mortgage/rent payments, council tax, water rates etc. Documentary evidence of all your expenses will be required. If you earn too much to receive legal aid, we will advise you about private paying rates. 

If you are under 18 years old, you are automatically entitled to Legal Aid. You will not be required to provide any proof of income or expenditure. You will also not be required to pay any contribution towards your legal costs.

If you do not qualify for legal aid, we are happy to discuss hourly rates or a fixed fee arrangement.

You can find more information on funding options for representation in the Magistrates Court here.

Contact us directly by calling us on 0207 485 6677 or sending us an email to lawyers@acalaw.co.uk . You can also tell us about your case or query by completing the form below.

This company is regulated by the Solicitors Regulation Authority. Company No 05867552. Company Registered in England & Wales. Registered Office: 168-172 Kentish Town Road, London, NW5 2AG