First hearings before the magistrates' court - Procedural overview of the first hearing

Learning Outcomes

After studying this article, you will be able to explain the procedural steps and legal principles governing first hearings before the magistrates' court. You will understand how offences are classified, how pleas are taken, how bail is considered, and the role of legal professionals at this stage. You will also be able to identify the key statutory rules and practical considerations relevant to SQE1 assessment.

SQE1 Syllabus

For SQE1, you are required to understand the procedural overview of first hearings before the magistrates' court. Focus your revision on:

  • the classification of criminal offences and its impact on procedure
  • the process for taking pleas and determining trial venue
  • the principles and process for bail applications at first hearing
  • the role and responsibilities of the defence solicitor at the first hearing
  • the statutory and practical framework for early case management

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. What are the three main classifications of criminal offences, and how does each affect the initial court procedure?
  2. When must the magistrates' court send a case directly to the Crown Court at the first hearing?
  3. What are the main grounds on which bail may be refused at a first hearing?
  4. What is the role of the defence solicitor at a defendant’s first appearance before the magistrates’ court?

Introduction

When a person is charged with a criminal offence, their first appearance in court will almost always be before the magistrates’ court. This initial hearing is a critical procedural stage, setting the direction for the case. The steps taken at this hearing depend on the classification of the offence, the plea entered, and the statutory rules governing bail and case management. For SQE1, you must be able to explain the sequence of events, the legal framework, and the practical roles of legal professionals at this stage.

Classification of Offences

The classification of an offence determines the route a case will take at the first hearing. There are three main types:

Key Term: summary offence
An offence that can only be tried in the magistrates’ court. These are the least serious offences, such as common assault and most road traffic offences.

Key Term: either-way offence
An offence that can be tried either in the magistrates’ court or in the Crown Court, depending on the seriousness and other factors. Examples include theft and burglary.

Key Term: indictable-only offence
An offence that can only be tried in the Crown Court. These are the most serious offences, such as murder and rape.

Summary Offences

For summary offences, the magistrates’ court deals with the entire case. At the first hearing, the charge is read, the defendant is asked to plead, and, if pleading guilty, may be sentenced immediately or after a short adjournment. If pleading not guilty, a trial date is set.

Either-Way Offences

For either-way offences, the magistrates must decide whether the case is suitable to be tried summarily or should be sent to the Crown Court. This is called the allocation or mode of trial decision. The defendant may also have the right to elect Crown Court trial if the magistrates accept jurisdiction.

Indictable-Only Offences

For indictable-only offences, the magistrates’ court conducts a brief “sending” hearing. No plea is taken. The case is immediately sent to the Crown Court for further proceedings.

Plea Procedure and Early Case Management

At the first hearing, the court will:

  1. Confirm the defendant’s details and read the charge(s).
  2. For summary and either-way offences, ask the defendant to enter a plea.
  3. For either-way offences, if a not guilty plea is indicated, conduct an allocation hearing to decide trial venue.
  4. Consider bail (see below).
  5. Give directions for early case management, including service of evidence and disclosure.

Key Term: allocation hearing
The process by which the magistrates’ court decides whether an either-way offence should be tried in the magistrates’ court or sent to the Crown Court.

Bail at First Hearing

At the first hearing, the court must decide whether the defendant should be remanded in custody or granted bail. There is a general presumption in favour of bail, but bail may be refused on specific statutory grounds.

Key Term: bail
The release of a defendant from custody pending trial or further hearings, with or without conditions.

The main grounds for refusing bail are:

  • risk of failing to surrender to custody
  • risk of committing further offences on bail
  • risk of interfering with witnesses or obstructing justice
  • need to protect the defendant or for their own welfare

The court may impose conditions on bail to address these risks, such as residence requirements, reporting to the police, or non-contact with witnesses.

Worked Example 1.1

A defendant is charged with burglary (an either-way offence) and appears before the magistrates’ court. The magistrates accept jurisdiction, but the defendant elects Crown Court trial. What happens next?

Answer: The case is sent to the Crown Court for trial. The magistrates’ court takes no further part in the case except to consider bail and give standard directions for case management.

The Role of Legal Professionals at First Hearing

The defence solicitor’s responsibilities at the first hearing include:

  • obtaining and reviewing the prosecution’s initial case summary (IDPC)
  • advising the client on plea and, for either-way offences, on trial venue
  • making representations on bail
  • ensuring the client understands the process and their rights
  • raising any immediate legal or evidential issues

Key Term: initial details of the prosecution case (IDPC)
The summary of the prosecution’s case, including key evidence and previous convictions, provided to the defence before or at the first hearing.

Worked Example 1.2

A defendant is charged with a summary offence and pleads guilty at the first hearing. What are the possible next steps?

Answer: The magistrates may sentence the defendant immediately or adjourn for a pre-sentence report. If the facts are disputed, a Newton hearing may be held to resolve the basis of plea.

Case Management Directions

Active case management is required from the outset. The court will:

  • set a timetable for service of evidence and disclosure
  • identify the real issues in dispute
  • give directions for witness attendance and special measures if needed
  • ensure the case progresses efficiently

Key Term: case management directions
Orders made by the court to control the progress of the case, including deadlines for evidence and disclosure.

Bail Applications: Practical Considerations

When making a bail application, the defence should address:

  • the presumption in favour of bail
  • any prosecution objections (e.g., risk of absconding)
  • possible bail conditions to address risks
  • the defendant’s personal circumstances (e.g., employment, family ties)

Worked Example 1.3

A defendant is charged with a serious either-way offence and has previous convictions for failing to surrender to bail. What should the defence solicitor focus on in a bail application?

Answer: The solicitor should propose robust bail conditions (such as residence and reporting), highlight any community ties, and address the risk of absconding directly.

Exam Warning

At the first hearing, the court must apply the correct statutory test for bail. Do not assume bail will be refused solely because the offence is serious. The prosecution must show substantial grounds for refusal.

Summary

Offence TypeFirst Hearing ProcedurePlea Taken?Sent to Crown Court?
SummaryPlea taken, trial date set or sentenced if guiltyYesNo
Either-wayPlea taken, allocation hearing if not guiltyYesIf allocated or elected
Indictable-onlySending hearing, case sent to Crown CourtNoYes

Key Point Checklist

This article has covered the following key knowledge points:

  • The classification of offences (summary, either-way, indictable-only) determines the first hearing procedure.
  • For summary and either-way offences, the plea is taken at the first hearing; for indictable-only offences, no plea is taken.
  • The allocation hearing for either-way offences decides trial venue.
  • Bail is considered at the first hearing, with a presumption in favour of bail unless statutory grounds for refusal apply.
  • The defence solicitor’s role includes reviewing the prosecution case, advising on plea and venue, and making bail representations.
  • Early case management directions are given to ensure efficient progress of the case.

Key Terms and Concepts

  • summary offence
  • either-way offence
  • indictable-only offence
  • allocation hearing
  • bail
  • initial details of the prosecution case (IDPC)
  • case management directions
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Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

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Senior Associate at Trilegal