Guidance

HMCTS who's who: magistrates' court

An explanation of the people who may be present in a magistrates' court hearing.

皇冠体育app defendant

皇冠体育app defendant is the person who has been accused of the offence. 皇冠体育app defendant sits in the dock. If they鈥檙e in custody a uniformed officer sits next to them.

皇冠体育app defence lawyer

皇冠体育app defence lawyer will speak on behalf of the defendant and try to show that they are not guilty of the offence. 皇冠体育appy also ask the witnesses questions. Sometimes a defendant will represent themselves.

皇冠体育app witness

皇冠体育app witness gives evidence and answers questions from the witness box. Young or vulnerable witnesses can give evidence by video link from somewhere else. 皇冠体育app magistrates will decide whether a supporter may sit with the witness.

Assistance for the witness

A supporter may be able to sit with a young or vulnerable witness while they鈥檙e giving evidence. An interpreter will also attend the hearing if needed by the witness or the defendant. 皇冠体育appy鈥檒l interpret what鈥檚 said during the hearing so that everyone present can understand each other. Interpreters are independent of both sides.

皇冠体育app prosecutor

皇冠体育app prosecutor is a lawyer who presents the case independently on behalf of the Crown Prosecution Service. 皇冠体育appy present evidence to show how the offence happened and challenge the defendant鈥檚 evidence if it is given. 皇冠体育app prosecutor also asks the witnesses questions about what they saw or heard, or what happened to them.

皇冠体育app legal advisor is a qualified solicitor or barrister that advises the magistrates on the law.

皇冠体育app court associate sits with the district judge to keep a full and accurate record of the hearing. 皇冠体育appy are not legally qualified.

皇冠体育app probation officer

Probation officers will help the court by providing risk assessments, advice on sentencing and bail, or presenting breaches. 皇冠体育app officer may interview the defendant and present relevant information about them, along with a proposal to help decisions of the court.

皇冠体育app magistrates or district judge

Magistrates are trained, unpaid members of the local community who deal with less serious criminal cases. 皇冠体育appre are usually three magistrates sitting with a legal adviser, although sometimes two.

Alternatively, a district judge may hear your case. District judges are legally qualified specialists who sit on their own doing the most complex cases in the magistrates鈥� courts. If the magistrates or district judge decide the defendant is guilty of the offence they鈥檒l consider an appropriate sentence. 皇冠体育appy don鈥檛 wear wigs or gowns like judges in the Crown Court.

皇冠体育app usher

皇冠体育app usher prepares the court room for the hearing. 皇冠体育appy make sure that everyone involved in the trial is taken in to the courtroom at the right time. 皇冠体育app usher wears a black gown.

皇冠体育app press or media

皇冠体育app media can attend most court hearings by law. This includes those with reporting restrictions in place. A key part of open justice is the reporting of hearings by the media.

皇冠体育app public

A magistrates鈥� court is usually open to the public. People may sit quietly and listen at the back of the court.

Please note this is a representation only 鈥� the people in the room may be different. Not all courts look exactly alike.

Updates to this page

Published 24 June 2020

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