Criminal Law
Magistrates' Court Barristers
Private representation in the Magistrates' Court, from first appearance and plea to trial and sentencing.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
Almost every criminal case in England and Wales starts in the Magistrates' Court. Cases are heard either by a bench of lay magistrates, advised by a legal adviser, or by a District Judge. At the first appearance the court confirms your details, the charge is put and, in most cases, you are asked to indicate a plea. Questions of bail or conditions may also be dealt with. If you plead guilty at the first opportunity, you are normally entitled to the maximum reduction in sentence for an early plea.
How your case proceeds depends on the type of offence. Summary-only offences, which include many motoring offences, can only be dealt with in the Magistrates' Court. Either-way offences can be tried in the Magistrates' Court or the Crown Court. If you indicate a not guilty plea to an either-way offence, the court decides at an allocation hearing whether the case is suitable for summary trial, and if it is, you can still choose to elect trial by jury in the Crown Court. Indictable-only offences, the most serious charges, are sent straight to the Crown Court.
If you plead not guilty and the case stays in the Magistrates' Court, a trial date is fixed and directions are given for the evidence. At trial the prosecution calls its witnesses, your Barrister cross-examines them, and you can give evidence and call witnesses. If you are convicted or plead guilty, the court sentences you, usually by reference to the Sentencing Council guidelines. The court's sentencing powers are limited, and it can commit some cases to the Crown Court for sentence. Motoring cases often turn on specific issues such as penalty points, totting up, exceptional hardship and special reasons.
Criminal legal aid is usually provided through a firm of Solicitors with a legal aid contract, subject to an interests of justice test and a means test, and a Direct Access Barrister cannot act under legal aid. Direct Access is often a good fit if you are paying privately, for example in motoring matters or where you do not qualify for legal aid. Your Barrister can advise you, prepare your case and represent you in court. You remain responsible for tasks such as receiving the prosecution papers, communicating with the court and gathering evidence, so it suits people who are organised and able to deal with that side of the case.
What Magistrates' Court Barristers Do
Court Advocacy
Your Barrister can represent you at:
- First appearance hearings
- Bail applications
- Allocation hearings
- Pre-trial reviews and case management hearings
- Summary trials
- Sentencing and Newton hearings
Legal Advice
Specialist guidance on:
- The strength of the prosecution evidence
- Plea and credit for a guilty plea
- Whether to elect Crown Court trial
- Likely sentence under the guidelines
- Exceptional hardship and special reasons
- Disclosure and evidential issues
Document Drafting
Your Barrister can draft:
- Case progression forms
- Defence statements where appropriate
- Applications to exclude evidence
- Skeleton arguments on legal issues
- Witness statements for defence witnesses
- Mitigation documents
Your Barrister drafts these documents. You send them to the court and the prosecution yourself.
What You Handle
With Direct Access:
- Receiving and passing on the prosecution papers
- Corresponding with the court and the CPS
- Attending court on time for every hearing
- Arranging for defence witnesses to attend
- Gathering character references
- Obtaining documents such as payslips or medical letters
How Direct Access Works
- 1
Initial Advice
Send us the charge sheet, postal requisition or summons and any papers you have. Your Barrister considers whether your case is suitable for Direct Access and advises on the next steps.
- 2
First Appearance
The charge is put and you indicate a plea. Your Barrister can make representations on bail and, if you plead guilty, may be able to deal with sentence the same day.
- 3
Allocation
For either-way offences where you plead not guilty, the court decides whether it can keep the case. Your Barrister advises you on whether to elect jury trial.
- 4
Trial Preparation
Your Barrister reviews the evidence and disclosure, identifies the issues in dispute and advises on defence witnesses and any applications.
- 5
Trial
Your Barrister cross-examines prosecution witnesses, presents your defence and makes submissions to the magistrates or District Judge.
- 6
Sentencing
If you are convicted or plead guilty, your Barrister presents mitigation and addresses the relevant sentencing guidelines on your behalf.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
Can a Direct Access Barrister represent me in the Magistrates' Court?
Yes. A Barrister can advise you and represent you at any hearing in the Magistrates' Court. Before accepting the case, they must consider whether Direct Access is suitable for you, taking into account the complexity of the case and whether you can manage the tasks that a Solicitor would otherwise handle.
Can I get legal aid with a Direct Access Barrister?
No. Criminal legal aid in the Magistrates' Court is granted to a firm of Solicitors with a legal aid contract, and it depends on the interests of justice and your means. If you are likely to qualify, you may be better off with a legal aid firm. Direct Access is for clients who are paying privately.
What is the difference between summary and either-way offences?
Summary-only offences, such as many driving offences, can only be tried in the Magistrates' Court. Either-way offences, such as many thefts, can be tried in either the Magistrates' Court or the Crown Court. For either-way offences the court decides where the case should be heard, and you have the right to choose a jury trial if the magistrates accept jurisdiction.
Should I elect trial in the Crown Court?
It depends on your case. A jury trial may suit some defences, but Crown Court cases usually take longer and the Crown Court has greater sentencing powers if you are convicted. Your Barrister will discuss the advantages and risks of each venue with you before the allocation hearing.
Can a Barrister help me avoid a driving ban?
A Barrister can advise whether you have grounds to argue exceptional hardship to avoid a totting up disqualification, or special reasons not to endorse or disqualify for certain offences. Both require evidence, and the court will apply strict tests. Your Barrister will be realistic with you about your prospects.
What happens if I plead guilty?
The court will usually sentence you either on the day or after an adjournment for a pre-sentence report. An early guilty plea normally attracts a reduction in sentence. Your Barrister presents mitigation, addresses the sentencing guidelines and, where relevant, argues for an alternative to custody.
How much does a Magistrates' Court Barrister cost?
Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
Have a Magistrates' Court Date?
Get advice from a specialist criminal Barrister before your first hearing.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.