Magistrates Court

The magistrates’ court.
Need not be daunting.

Whether you’re suddenly produced there or have had things hanging over you for months, allow me to come and support you. I know how the court operates and how to influence proceedings in your favour.

At a glance

Where most cases are heard

I analyse your case papersTo help you determine your plea

First appearance, trial or sentence?I’ll represent you throughout

Case conclusionI’ll do everything in my power to influence your acquittal or professionally mitigate on your behalf.

The legal framework

After reviewing the facts and the procedural history of your case, I will identify the legislation and caselaw that apply to your case.

What happens in the magistrates’ court

Clarity first.
Then light at the end of the tunnel

Most people have never seen the inside of a courtroom. Walking in with an accustomed professional can take away what makes it frightening.

Your first appearance: I’ll assess whether it’s possible to adjourn your case for the CPS to consider an out of court disposal. If this isn’t an option, the charge is put and a plea is taken.
Plea, and the credit for it: If you’re pleading Not Guilty, I’ll complete your pre-trial preparation form, highlighting the reasons for your plea and the witnesses required for your trial. If you are pleading Guilty, you may want to do so on your basis (facts), which is a way of preserving full credit whilst avoiding incrimination to the full facts of the prosecution’s case.
Bail and conditions: The court may impose bail conditions on you when you’re released. I can help you challenge these conditions or to vary them so that they’re no longer excessive or unworkable.
Staying here or going up: If you’re charged with an ‘either-way’ offence, it means that your trial could be heard either at the Magistrates Court or the Crown Court. I can help you decide to elect the trial venue that suits your best interests.
Representation at trial: I will expertly represent you at trial and present your defence to an excellent standard.
Sentence and mitigation: Whether you need me to mitigate on your behalf following conviction, or to argue special reasons/exceptional hardship (not to be disqualified from driving), you can rest assured that I will fight your corner for the best possible outcome.

Sentencing and possible outcomes

The court has the power to dispose of cases in multiple ways. The following are a breakdown of most disposal options and what they mean.

Disposal options at the Magistrates Court
Potential outcome	What this means
Discontinuance	The CPS have dropped the case against you.
Case dismissed	The Court has decided to dismiss the case against you.
Conditional Discharge	The Court has decided not to punish you unless you commit a further offence within a specified time.
Band A fine	A fine of half a week’s wages.
Band B fine	A fine of one week’s wages.
Band C fine	A fine of one and a half week’s wages.
Band D fine	A fine of two weeks wages.
Adjournment for a Pre-Sentence Report	The court wants to know more about you before sentencing because they’re considering imposing a community order and/or a prison sentence.
Low-level Community Order	Examples being 40-100 hours unpaid work, 1 month curfew and/or 10 rehabilitation/activity days.
Medium-Level Community Order	Examples being 100-200 hours unpaid work, 2 months curfew and/or 20 rehabilitation/activity days.
High-Level Community Order	Examples being 200-300 hours unpaid work, 3 months curfew and/or 30 rehabilitation/activity days.
Suspended Sentence	A prison sentence for a specified length that you only have to serve if convicted of another offence within a specified time.
Immediate Custody	A prison sentence that’s immediate. The length being limited to a maximum of 12 months if sentenced at the Magistrates Court.
Committal for Sentence	Your case is too serious to be sentenced at the Magistrates Court and needs to be adjourned for sentence at the Crown Court.

Ancillary orders

The Court can impose additional orders against you that compel you to behave in a certain way or to prevent you from doing something.

Ancillary orders the court can impose
Ancillary order	What this means
Victim Surcharge	45% of the fine you receive. Payable in addition to the fine. Community orders and prison sentences also attract a victim surcharge.
Interim Driving Disqualification	A driving ban until your next hearing.
Driving Disqualification	A driving ban for a specified time.
Restraining Order	An order that protects someone from specified behaviour, making it a criminal offence to breach the terms of the order.
Criminal Behaviour Order (CBO)	Replacing the ASBO, an order that prohibits you from behaving in a specified way.
Sexual Harm Prevention Order (SHPO)	An order that is made following conviction for a sexual offence.
Stalking Protection Order (SPO)	An order that goes further than a restraining order following conviction for a stalking related offence.
Domestic Violence Protection Order	Usually imposed by the police when they can’t prosecute someone for a domestic violence offence.

Any notice, letter or charge paperwork you have received
The dates and location of any hearing or interview
Your account of what happened and any supporting documents
Photographs, messages, receipts, witness details or other material that may support your account
How a conviction would affect your work, your family and anyone who depends on you
Your main concerns and the questions you want answered

Personal representation

When you instruct me, you deal directly with me. I will ensure that you clearly understand the proposed work and what it will cost.

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Your next step

Free initial consultation

Your questions matter.
Let’s talk them through.

You don’t need all the answers.
Just start with what’s happened.

Book a free consultation contact@johnviolaris.com ↗

John Violaris · Criminal Defence SolicitorEngland & Wales

The magistrates’ court.Need not be daunting.