Defendant

You will attend a Magistrates Court if have received a summons or a charge sheet, which tells you what you are accused of, as well as the time and date you must turn up to court on.

What should I do before coming to court?

When you arrive at the courthouse you will have to pass through security. There are a number of items which are not allowed in the courthouse, a full list of which can be found here.

Once you and your advocate have arrived, you should go to the main reception. The receptionist will tell you which courtroom your case is in and where to wait.

You may wish to see the duty advocate. There is a qualified advocate on hand to talk to you and is free of charge. You can only see the duty advocate if you are being prosecuted as an individual and not a company. You should tell the court usher if you wish to speak to the duty advocate. If you have your own advocate and wish to see them, you should let the court usher know and they will arrange for you to see him/her.

When it is time for your case to be heard, the court usher will call your name. You will be shown to the dock by the dock officer, where you will remain while the Magistrates hears your case.

If you are being prosecuted as a company, you will not be entitled to see the duty advocate and may wish to seek legal advice before coming to court. Alternatively, you may wish to represent the company yourself.

Who will be in the courtroom?

The Magistrate's Court is an 'open' court, meaning the following may be in court;

the Magistrates (usually 3);
you and your advocate if you have one;
the prosecution, either the police or the Attorney General
any media reporters (newspapers, radio, etc);
the clerk to the justices;
the court usher;
the dock officer;
any public sitting in the public gallery; and
any witnesses.

How should I behave in court?

Please switch off or silence your mobile phone or pager before coming into the courtroom. Items such as video cameras, tape recorders, radios or other electronic equipment are not allowed in the courtroom.

As this court is an "open court", you must stand while addressing the judge or if they are addressing you, unless you are seated in the witness box. When you are standing, do not fold your arms across your chest or put your hands in your pockets. You must be polite at all times, never shout or use vulgar expressions or interrupt someone else while they are speaking. You must remain calm, everyone will get their turn to speak. Do not interrupt the judge, be aware if you are rude to the judge you may be charged with contempt of court.

If you wish to hand any documents to the judge you must ask for permission. You must then hand them to the court clerk or usher, who will then pass them to the judge.

What do I call the judge?

Magistrates are Judicial Officers and are addressed as;

Sir or Ma'am

What happens in court?

The prosecution and you/or your advocate will set out their arguments. They may also call and question any witnesses that they want to.

When you are asked to give your evidence, you must be sworn in. To do this you will be asked to take the oath on a Holy Book of your religion, or you can affirm (promise) to tell the truth. The court usher will usually check with you before court which you want to do. You must read aloud from the oath or affirmation card. If you have trouble reading the card, the court usher will read it to you, you must repeat what they say.

When the Magistrates have heard all the evidence, they will retire to make their decision. Once they have decided, they will return to the courtroom to hand down their decision, and then decide on any sentence if you have been found guilty.

What happens after the hearing?

At the end of the hearing, if you are remanded in custody you will be taken straight to prison. If you are granted bail then you will need to sign a new bail bond before you are allowed to leave the courthouse.

If you have appeared in the Attorney General's Court, it will be a financial matter and the Magistrate's will make any order they conclude is appropriate.

Please be aware that, under section 27(4) of the High Court Act 1991, all court proceedings are digitally recorded. For further information please refer to our In-Court Technology section.