First hearings before the magistrates' court - Role of the defence solicitor at the hearing

Learning Outcomes

After reading this article, you will be able to explain the main responsibilities of a defence solicitor at a defendant’s first hearing before the magistrates’ court. You will understand how to advise on plea, bail, and trial venue, identify key procedural steps, and apply professional conduct rules. You will also be able to recognise the importance of early case analysis and effective client communication in the context of SQE1 assessment.

SQE1 Syllabus

For SQE1, you are required to understand the procedures and solicitor’s duties at a defendant’s first appearance in the magistrates’ court. In your revision, focus on:

  • the classification of criminal offences and how this affects court procedure
  • the process for applying for a representation order (public funding)
  • the procedural steps and decisions at the first hearing
  • the defence solicitor’s role in advising on plea, bail, and trial venue
  • the professional conduct obligations when advising clients at this stage

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 do they affect the first hearing procedure?
  2. What factors must a defence solicitor consider when advising a client on plea and trial venue for an either-way offence?
  3. What are the main grounds on which bail may be refused at a first hearing?
  4. What professional conduct issues might arise if a client admits guilt but wishes to plead not guilty?

Introduction

At a defendant’s first hearing before the magistrates’ court, the defence solicitor plays a central role in protecting the client’s interests and ensuring fair process. This stage sets the direction for the case, including decisions on plea, bail, and trial venue. The solicitor must combine legal knowledge, case analysis, and professional conduct to provide effective representation.

Classification of Offences and Procedural Impact

The first step is to identify the classification of the offence charged. This determines the court’s powers and the procedure at the first hearing.

Key Term: summary offence
A criminal offence that can only be tried in the magistrates’ court.

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

Key Term: indictable-only offence
An offence that can only be tried in the Crown Court.

For indictable-only offences, the magistrates’ court will immediately send the case to the Crown Court. For summary and either-way offences, the magistrates’ court will proceed to plea and, if necessary, allocation and trial venue decisions.

Applying for a Representation Order

Most defendants require public funding for legal representation. The solicitor must assess eligibility and complete the application.

Key Term: representation order
An order granting a defendant publicly funded legal representation in criminal proceedings, subject to means and merits tests.

The solicitor must ensure the client meets the means test (financial eligibility) and the interests of justice test (seriousness, complexity, or risk of custody). If granted, the order covers all work in the magistrates’ court and, if necessary, the Crown Court.

Advising on Plea and Trial Venue

A core responsibility is to advise the client on plea and, for either-way offences, on trial venue.

Key Term: plea before venue
The process at which a defendant indicates their intended plea to an either-way offence before the court decides on trial venue.

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

The solicitor must review the prosecution’s initial details of the case (IDPC), discuss the evidence with the client, and explain the implications of pleading guilty or not guilty. For either-way offences, the solicitor must also advise on the advantages and disadvantages of summary trial versus Crown Court trial, considering factors such as sentencing powers, speed, and likelihood of acquittal.

Worked Example 1.1

A client is charged with theft (an either-way offence) and intends to plead not guilty. The magistrates accept jurisdiction. What advice should the solicitor give regarding trial venue?

Answer: The solicitor should explain that the client may choose summary trial in the magistrates’ court or elect Crown Court trial. The solicitor should discuss the limited sentencing powers of the magistrates, the speed and informality of summary trial, and the higher acquittal rates and procedural protections in the Crown Court. The client should make an informed choice based on these factors.

Bail Applications

At the first hearing, the solicitor must be prepared to apply for bail and address any objections from the prosecution.

Key Term: bail
The release of a defendant from custody pending trial or further hearings, subject to conditions or unconditionally.

The court starts with a presumption in favour of bail. Bail may be refused if there are substantial grounds to believe the defendant would abscond, commit further offences, or interfere with witnesses. The solicitor should propose realistic bail conditions if needed and present evidence of community ties, employment, or sureties.

Worked Example 1.2

A defendant with previous convictions for failing to surrender is charged with assault. The prosecution objects to bail. What should the defence solicitor do?

Answer: The solicitor should address the risk of absconding by proposing conditions such as regular reporting to the police, residence at a fixed address, or a surety. The solicitor should provide evidence of the defendant’s ties to the community and argue that bail conditions can adequately manage the risk.

Professional Conduct at the First Hearing

The solicitor must balance duties to the client and the court. If a client admits guilt but wishes to plead not guilty, the solicitor may continue to act but must not mislead the court or present a false defence.

Key Term: professional conduct
The ethical and regulatory standards solicitors must follow, including honesty, confidentiality, and not misleading the court.

If the client insists on giving false evidence, the solicitor must withdraw from the case for professional reasons, without disclosing the reason to the court.

Exam Warning

If a client admits guilt but insists on pleading not guilty and giving false evidence, the solicitor must not participate in misleading the court. Withdrawal from the case is required if the client will not accept these limitations.

Case Management and Early Issue Identification

Effective case management at the first hearing is essential. The solicitor should:

  • Obtain and review the prosecution’s case summary and evidence.
  • Identify disputed issues and potential defences.
  • Advise the client on the likely course of proceedings and next steps.
  • Ensure compliance with procedural directions and deadlines.

Early identification of key issues can lead to more efficient proceedings and better outcomes for the client.

Revision Tip

Before the first hearing, prepare a checklist: offence classification, funding eligibility, plea advice, bail application, and key case issues. This ensures nothing is missed during the hearing.

Key Point Checklist

This article has covered the following key knowledge points:

  • The classification of offences determines the procedure at the first magistrates’ court hearing.
  • The solicitor must apply for a representation order if public funding is needed.
  • Advising on plea and, for either-way offences, trial venue is a core responsibility.
  • The solicitor must be ready to apply for bail and address prosecution objections.
  • Professional conduct rules require the solicitor to avoid misleading the court and to withdraw if necessary.
  • Early case analysis and issue identification are essential for effective representation.

Key Terms and Concepts

  • summary offence
  • either-way offence
  • indictable-only offence
  • representation order
  • plea before venue
  • allocation
  • bail
  • professional conduct
The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Barbri SQE
One-time Fee
$3,800-6,900
BPP SQE
One-time Fee
$5,400-8,200
College of Legal P...
One-time Fee
$2,300-9,100
Job Test Prep
One-time Fee
$90-350
Law Training Centr...
One-time Fee
$500-6,200
QLTS SQE
One-time Fee
$2,500-3,800
University of Law...
One-time Fee
$6,200-22,400

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

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.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal