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First appearances at the Magistrates' Court

Laura Baumanis, solicitor at Olliers, discusses what happens if a defendant pleads guilty at the Magistrates' Court . At a first appearance , the defendant would be asked to enter into his or her plea. If the matter is admitted then the Court will move to sentence and would ordinarily try and conclude the case that day. If it is denied, then the case will be adjourned for a trial date. In the Magistrates’ Court trials are normally listed around two to three months after the first appearance, depending upon the Court’s availability. More serious offences are known as ‘either way’ offences. This means that they can be heard in the Magistrates’ Court or the Crown Court. When a defendant makes a first appearance in respect of such offences they will be asked to indicate a plea. If they plead guilty then the Court will consider whether their sentencing powers are sufficient. In doing so they will look at the circumstances of the offence itself and whether the defendant has any previous convictions. If the Magistrates’ Court is able to deal with the case, they, again, will try and conclude the matter on the day. If, however, they feel that their sentencing powers are insufficient, they will commit the case to the Crown Court for sentence, who will hear the case four weeks later.