Criminal Law
Magistrates' Court
The Magistrates’ Court is where almost every criminal case begins — and where many are concluded. ASA Solicitors provides expert representation in the Magistrates’ Court, from first appearance to contested trial and sentencing.
What the Magistrates' Court does
The Magistrates’ Court deals with summary offences (which can only be tried there), either-way offences (which can be tried there or in the Crown Court), and the early stages of indictable-only offences (which are sent to the Crown Court). Cases are heard by lay magistrates or a District Judge (Magistrates’ Court). The maximum custodial sentence the court can impose is generally 12 months for a single either-way offence.
Although the Magistrates’ Court is the less senior criminal court, the consequences of a conviction there are entirely real: custody, community orders, fines, driving disqualifications, and a criminal record. Many people underestimate the seriousness of a magistrates’ court case until they are in it.
How we represent you
- First appearance — entering your plea and addressing bail
- Plea before Venue — advising where the case should be tried
- Mode of trial — deciding Magistrates' or Crown Court for either-way offences
- Contested trials — presenting your defence and cross-examining witnesses
- Sentencing submissions — mitigating the outcome
- Appeals to the Crown Court against conviction or sentence
Either-way offences and venue
For either-way offences, the magistrates decide whether the case is suitable for summary trial or should be committed to the Crown Court, after hearing representation from both sides. You also have the right to elect Crown Court trial. We advise on the strategic considerations — including sentencing powers, disclosure, and likely outcome — to guide this important decision.
The choice of venue can affect the maximum sentence, the availability of jury trial, and the speed of the proceedings. It is one of the most consequential decisions in an either-way case, and it should be made on advice, not assumption. We set out the sentencing powers of each court, the strength of the evidence, and the realistic outcomes before you decide.
Legal Aid in the Magistrates' Court
Legal Aid in the Magistrates’ Court requires both a means and an interests of justice test. We assess your eligibility and apply on your behalf. Where Legal Aid is not available, we offer clear, fixed-fee representation so you know your costs from the outset.
The interests of justice test looks at factors such as the likelihood of custody, the complexity of the case, and whether cross-examination of witnesses is needed. The means test considers income and, in some cases, capital. We guide you through both and ensure applications are properly supported.
Trials, sentencing and appeals
A contested trial in the Magistrates’ Court is heard by the bench (or a District Judge), who decides guilt and, on conviction, passes sentence. We prepare the defence thoroughly — identifying the issues, securing attendance of witnesses, and cross-examining prosecution evidence effectively within the court’s procedures.
Where the outcome is adverse, you can appeal to the Crown Court against conviction, sentence, or both. The appeal is by way of a rehearing before a judge and magistrates. There are time limits, so we act promptly to protect the right to appeal, and we give clear advice on the merits of appealing before the decision is taken.
Frequently asked questions
Yes. For either-way offences, after Plea Before Venue, you have the right to elect trial in the Crown Court even if the magistrates consider the case suitable for summary trial. This affects the sentencing powers and the mode of trial. We advise on whether election is in your interests.
Generally up to 12 months’ custody for a single either-way offence, subject to the offence’s statutory maximum and the applicable sentencing rules. Summary offences generally carry a maximum of up to 6 months. Where the court considers its powers insufficient, an either-way case may be committed to the Crown Court for sentencing.
Yes. You can appeal to the Crown Court against conviction, sentence, or both. The appeal is by way of a rehearing before a judge and magistrates. There are time limits, so we act promptly to protect your right to appeal.
Representation makes a real difference — to bail, to venue and mode of trial decisions, to cross-examination at trial, and to sentencing. Legal Aid may be available subject to means and the interests of justice. Where it is not, we offer clear, fixed-fee representation so you know your costs from the outset.
At a first appearance you enter a plea (for either-way offences, after Plea Before Venue), bail is addressed, and the case is listed for trial or sentencing. For indictable-only offences the case is sent to the Crown Court. We represent you, advise on plea and venue, and protect your position from the outset.
Legal Aid requires both a means test and an interests of justice test. The interests of justice test considers factors such as the likelihood of custody, the complexity of the case, and whether cross-examination is needed. We assess your eligibility and apply on your behalf, guiding you through both tests.
Second opinion
Not happy with your solicitor? Get a second opinion.
You have the right to change your solicitor at any stage of a criminal case. If you are unsure about the advice you have been given, or want a fresh perspective on a serious matter, our specialist criminal defence team offers an independent second opinion without charge.
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