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CRIMINAL LAW DEPARTMENT
Information Sheet 5c
"Summary Only" Magistrates' Court Cases |
All criminal cases are initially dealt with
by the Magistrates’ Court. The Crown Court, which is a
higher court, usually deals with more serious cases, and it
has greater sentencing powers than the Magistrates’ Court.
The charge you are facing is a “summary only” offence.
This means that you do not have the right to have your case
tried by a Judge and jury in the Crown Court. It can only be
heard by the Magistrates’ Court, who generally deal with
lesser offences.
If you are Pleading Guilty
If you are pleading guilty to the charge against you, you will
probably do this at the first hearing. If the case is relatively
minor, the Magistrates could deal with it by imposing a conditional
discharge or a fine, and it is likely that it will be finished
there and then.
If the Magistrates consider the matter to be too serious for
a fine or conditional discharge, or you have a poor criminal
record, they will probably request the Probation Service to
prepare a “pre-sentence report” about your background
and personal circumstances, and your case will then be adjourned
for this to be done. The Magistrates will consider the report
before sentencing you. The report will recommend a sentence
- but you should be aware that the Magistrates will not necessarily
follow the recommendation.
The costs of a guilty hearing are usually around £250 to
£400. The prosecution would normally ask you to make a
contribution towards the costs of £55.00
If you are Pleading Not Guilty
If you are pleading not guilty, the case will probably adjourned
for a “pre-trial review.” This is a hearing at which
all parties get together to review the evidence in the case,
decide which witnesses will be required at the trial, sort out
what final preparation work needs to be done before the trial,
and set a date for trial.
If this happens, please let us know well in advance if there
are any dates when you or your witnesses would not be available
to attend for the trial, so that the court can take these dates
into account when setting a trial date. Once a date has been
arranged, the court will be very reluctant to alter it.
If you have not already done so by this time, you should make
an appointment as quickly as possible to come and see us so
we can take your detailed instructions about the case, and if
you wish to call any witnesses to give evidence at your trial,
we will also need to see them to take their statements. Although
trial dates can be set some time ahead, there are often matters
that we need to follow up on your behalf, and it is in your
interests to keep in contact with us so we can prepare your
case fully in advance. Please remember that this is your case.
We will do everything we can to help and assist you, but we
can only act on your instructions. If you do not provide us
with any instructions, or leave it until the last minute to
do so, your case may be harmed.
The costs of this type of case would be around £500 to
£1,000, depending on the length of the hearing and the
total number of hearings involved. The contribution asked from
you would normally be around £150.00.
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