Magistrates’ Court Defence Solicitors in Cheltenham
Legal advice and representation for cases heard in the Magistrates’ Court
Magistrates’ Court Defence Explained
The Magistrates’ Court is where most criminal cases in England and Wales begin. Some cases are dealt with entirely in this court, while others start here before being sent to the Crown Court.
Pembridge Solicitors is based in Cheltenham and provides legal advice and representation to individuals appearing before the Magistrates’ Court across Cheltenham, Gloucestershire, and throughout England and Wales. We advise clients from the point they receive a court notice through to the conclusion of proceedings.
What Cases Are Heard in the Magistrates’ Court?
The Magistrates’ Court deals with less serious criminal offences, as well as the early stages of more serious cases.
Cases commonly dealt with in the Magistrates’ Court include:
Minor assaults and public order matters
Driving offences, including drink driving
Theft and shoplifting
Drug possession offences
Breaches of court orders or bail conditions
More serious offences may begin in the Magistrates’ Court before being transferred to the Crown Court.
How Magistrates’ Court Proceedings Work
Court proceedings usually begin when you receive a postal charge, requisition, or summons requiring you to attend court on a specific date. In some cases, this follows a police investigation or interview.
The first court hearing
At the first hearing, the court will confirm your identity, explain the charge, and ask whether you plead guilty or not guilty. This hearing is often brief.
If you plead guilty, the court may deal with sentencing straight away or adjourn the case to consider reports or information about your circumstances.
If you plead not guilty, the court will set dates for the next steps, including when evidence must be exchanged and when the trial will take place.
Preparing for trial
Where a trial is required, both sides are given time to prepare. The prosecution must provide the evidence they rely on, such as witness statements or documents. You will have an opportunity to review this material and consider how to respond.
The trial
Trials in the Magistrates’ Court are decided by magistrates or a district judge. There is no jury. The court hears evidence from witnesses and considers the prosecution case and the defence before reaching a decision.
The outcome
If the court finds you not guilty, the case ends. If you are found guilty, the court will move on to sentencing, either immediately or at a later hearing.
Sentencing and Possible Outcomes
The Magistrates’ Court has set limits on the penalties it can impose. Depending on the offence, this may include a fine, a community order, a driving disqualification, or a custodial sentence within the court’s powers.
In some cases, the court may decide that its sentencing powers are not sufficient and send the case to the Crown Court for sentencing.
Advice on plea and sentencing can affect the outcome and should be considered carefully.
Sentencing and outcomes in the Magistrates’ Court
The Magistrates’ Court has the power to impose a range of penalties. These can include fines, community orders, driving disqualifications, and in some cases short custodial sentences.
Understanding the court’s sentencing powers is important when deciding how to approach your case, particularly when considering a plea. Your solicitor will explain the possible outcomes and help ensure that any relevant personal circumstances or mitigation are presented clearly to the court.
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Your enquiry will be forwarded to the appropriate legal team, who will contact you as soon as possible.
Common questions about Magistrates’ Court defence
Do I need a solicitor if I am asked to attend a police interview?
Yes. A police interview is a formal part of a criminal investigation, even if you have not been charged. Anything you say during the interview can be used as evidence later.
A solicitor can advise you before the interview, explain the questions being asked, and ensure the interview is conducted fairly. Having legal advice helps protect your position and does not make the situation worse.
Do I need a solicitor for the Magistrates’ Court?
You are not legally required to have a solicitor, but legal representation can make a significant difference. Court procedures can be unfamiliar, and early decisions can affect how the case progresses and the outcome.
A solicitor ensures your case is prepared properly, your rights are protected, and your position is explained clearly to the court.
What happens if I plead guilty?
If you plead guilty, the court will move on to sentencing, either on the same day or at a later hearing. The court will consider the offence itself, your personal circumstances, and any information provided before deciding on a penalty.
Legal advice can help ensure that your circumstances are properly explained to the court and that any mitigation is presented clearly.
What happens if I plead not guilty?
If you plead not guilty, the case will be listed for trial. This involves the court hearing evidence from both sides and deciding whether the offence has been proved.
Your solicitor will explain how the trial process works, what will be expected of you, and how to prepare for the hearing.
Can my case be sent to the Crown Court?
Yes. Some cases begin in the Magistrates’ Court but are sent to the Crown Court because of their seriousness, or because you choose to have your case heard there where that option exists.
A solicitor can advise whether this applies to your case and what the implications would be.
Magistrates’ Court Defence Advice in Cheltenham
Legal advice and representation for Magistrates’ Court proceedings is provided to individuals in Cheltenham, across Gloucestershire, and throughout England and Wales, with nationwide support available by telephone or video call where appropriate.
Speak to a Solicitor
If you have received a court notice or are due to appear before the Magistrates’ Court, you can speak directly to a solicitor for advice on your position and the steps available to you.
Call 0330 900 0377 to discuss your case and arrange representation.
How to Find Us
Calderwood House
Montpellier Parade
Cheltenham
GL50 1UA
If you need directions or have any questions before visiting, please contact us and we will be happy to assist.