Court Process

Your magistrates' court hearing: six ways to prepare and what to bring

HS Criminal Law Editorial Team 6 min read · Updated
Your magistrates' court hearing: six ways to prepare and what to bringSave
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A magistrates' court hearing can feel overwhelming if you don't know what to expect. Understanding the basic steps—what happens when, what to bring, and how to address the court—removes much of that uncertainty. This guide takes you through the practical side of preparing for your appearance, step by step.

What happens before you arrive

You should receive a summons or notice telling you the date, time and location of your hearing. Read it carefully and mark the date somewhere visible. If you're unsure about anything on the paperwork—the charge, the time or where to go—contact the court listed on the document to clarify before the day.

Tell your employer, family or anyone else who needs to know you will be attending court. Some people are anxious about this, but showing up matters more than keeping it private. If you need time off work, ask well in advance; most employers understand court attendance is not optional.

If you don't turn up, the court can proceed without you and may issue a warrant for your arrest. Take the date seriously.

Gathering what you need to bring

Bring the paperwork you received from the court—your summons or charge sheet. Bring a form of identification: a passport or driving licence is ideal. If you have a solicitor or barrister representing you, they will handle much of the talking, but you should still attend unless they've specifically told you not to.

Bring any documents that support your case: text messages, emails, witness statements, photographs or receipts that matter to your defence. Write a short list on the day of what you've brought and where it is, so you can find it quickly if asked by your legal representative or the court.

Bring a small notebook and pen if you want to take notes during the hearing. You won't be able to make a full recording, but jotting down key points helps you understand what's happening.

Dressing and behaving in the courtroom

Wear clean, neat clothing. A suit or formal shirt and trousers works well; jeans, trainers and very casual wear do not. The court is a formal space, and how you present yourself does affect how seriously the magistrates take you. This is not about fashion—it's about showing respect for the process.

Arrive 15 minutes early. Find the right courtroom and sit quietly. When you enter or the magistrates enter, stand. If you're called to speak or give evidence, stand unless you're told to sit. Always address the magistrates as "Your Honour" or "Sir/Madam". Never interrupt, argue with the magistrates or speak out of turn. If you're angry or upset, take a breath and stay calm.

When you speak, do so clearly and honestly. If you don't know the answer to a question, say so rather than guessing. If you can't hear a question, ask for it to be repeated.

Understanding the hearing structure

Magistrates' court hearings follow a pattern. The prosecutor or police may outline the case first. Your solicitor or barrister will then set out your defence. Evidence may be given by witnesses or through statements. You may be asked to give evidence yourself. The magistrates will listen to everything and then decide whether the case is proven.

Some hearings are short, particularly if you plead guilty at the start. Others take longer if the case is disputed. You don't control the pace—the court does—so bring water and be ready to sit for an hour or more.

Who sits in the magistrates' court

Usually, three unpaid magistrates sit on a case. They are local people trained in law but not always lawyers. A legally qualified clerk sits with them to advise on points of law. In some cases, a district judge (a qualified lawyer) sits alone instead of magistrates. The prosecutor—often the Crown Prosecution Service—presents the case. You or your solicitor presents your defence. A witness or two may give evidence.

None of this is theatre. The magistrates are there to listen to the facts and apply the law fairly. Speaking respectfully and clearly helps them do their job.

If you are representing yourself—called acting as a litigant in person—you still follow the same rules of conduct. You still stand when the magistrates enter, address them as "Your Honour" and don't interrupt. You explain your case in clear, plain language rather than legal jargon. You can ask questions of the prosecution's witnesses and you can give evidence yourself if you choose to.

Taking a friend or family member with you as a McKenzie friend (someone who sits beside you and advises you quietly) can help. They cannot speak for you or interrupt, but they can make notes and whisper advice. Some courts have a duty adviser—a free legal advisor on duty on the day—who can give brief guidance if you ask.

What happens after the hearing

The magistrates will announce their decision in the courtroom. If they find the case proven or you're convicted, they will sentence you that day or adjourn sentencing to a later date. If you're acquitted, the case is over. If the case is adjourned, you will be given a new date.

If the decision goes against you, ask your solicitor about the right of appeal or seek legal advice from a free adviser afterward. Write down everything you remember about the hearing while it's fresh—dates, who said what, your own evidence—so you have an accurate record for later.

Steps to take this week

  1. Read your court summons or charge sheet end to end and write down the date, time, location and your case number somewhere safe.
  2. Gather any documents that support your defence and place them in a folder with your identification and the summons.
  3. Contact the court by phone if anything on the paperwork is unclear or you have a problem attending on that date.
  4. Tell your employer or family you will be attending court and arrange time off or childcare if needed.
  5. Choose what to wear—clean, neat, formal clothing—and lay it out the night before your hearing.
  6. If you don't have a solicitor and can't afford one, ring the court to ask about duty adviser support on the day.
Route What it offers Cost to you
Solicitor or barrister Full representation; they speak for you and manage evidence Paid by you or criminal legal aid (if you qualify)
Duty adviser at court Brief advice on the day; helps you understand the process and your options Free
McKenzie friend (a supporter) Sits with you, takes notes, whispers advice; you still speak for yourself Free if a friend or family member; paid if you hire someone
Representing yourself You speak for yourself and cross-examine witnesses Free; you manage your own case

If you qualify for criminal legal aid, a solicitor is provided at no cost to you. Many magistrates' courts have a duty adviser available on the day who can answer basic questions for free if you have no representation. This is worth asking about even if you think you might handle the hearing yourself.

Key takeaways as you prepare

Knowing what to expect removes a lot of the fear. You will stand when the magistrates enter, address them respectfully, bring your documents, dress formally and tell the truth. The hearing will follow a clear structure. If you lose, you can ask about your options afterward. If your case is later moved to Crown Court, the rules change, but at magistrates' level, preparation is straightforward and the process is fair.

One last point: if you're witnessing for someone else rather than facing a charge yourself, many of the same courtroom rules apply. Arrive early, dress formally, listen carefully and speak clearly if asked questions.

#Magistrates court

Download PDF: Magistrates' Court Hearing Checklist PDF, 31 KB

Further reading

  1. Crime, justice and the law - GOV.UKgov.uk

Frequently asked questions

What should I wear to magistrates' court?

Wear clean, neat, formal clothing such as a suit, shirt and trousers, or a dress. Avoid jeans, trainers and very casual wear. The court is a formal space and your appearance affects how the magistrates view your respect for the proceedings.

How do I address the magistrates?

Use "Your Honour" or "Sir" or "Madam" when speaking to them. Stand when they enter or leave, and stand if you're asked to give evidence or speak. Never interrupt or argue with them, no matter how upset you feel.

What happens if I don't show up to my court date?

The court will likely proceed without you and may find against you. In serious cases, a warrant can be issued for your arrest. If you cannot attend for a genuine reason, contact the court immediately to explain and ask about postponing your hearing.

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