Magistrates Court Daily Practice

Why magistrates courts matter to journalists

The magistrates court is where almost every criminal prosecution begins. Even cases that will ultimately be tried at the Crown Court pass through the magistrates court first. For local and regional journalists, it is the most important court to cover regularly — the volume of cases, the direct community relevance, and the speed of proceedings make it an unmatched source of public interest stories.

Magistrates courts are presided over either by a legally qualified District Judge sitting alone, or by a bench of lay magistrates (Justices of the Peace) — usually two or three — advised by a legally qualified court legal adviser. Understanding who is sitting matters: District Judges move cases faster and are more comfortable with complex procedural arguments.

Open justice applies in full. You have a right to be in the public gallery. If you are asked to leave, ask for the matter to be raised with the bench. Exclusion requires specific legal authority.

Reading and using the daily court list

The daily cause list shows every case scheduled for that day, the courtroom number, the approximate listing time, and the type of hearing. Hearing types you will encounter include:

• First hearings: The defendant appears for the first time, often in custody. Bail is considered. Charges are put. For either-way offences, a plea indication may be sought. Very limited information emerges at this stage — do not over-report.
• Allocation (sending) hearings: The court decides whether to deal with an either-way offence itself or send it to the Crown Court. Automatic reporting restrictions apply under s.8A Magistrates Courts Act 1980 — you may only report specified details until the defendant enters a plea or proceedings are otherwise concluded.
• Summary trials: A full trial before magistrates or a District Judge. Evidence is heard, witnesses cross-examined, and a verdict delivered. You may report fully once proceedings conclude or, if reporting contemporaneously during a trial, content that was said in open court.
• Sentencing hearings: Where a guilty plea has been entered or a conviction recorded, the court hears mitigation and imposes sentence. The full sentencing remarks, ancillary orders, and any compensation awards are reportable.
• Breach and variation hearings: Review of community orders, suspended sentences, or bail conditions. Often brief but may reveal significant background.

Jurisdictional limits and sentencing powers

Working with the court legal adviser

The court legal adviser (historically called the clerk to the justices) is a qualified barrister or solicitor who advises the bench on points of law and procedure. They are not the same as the administrative court clerks who manage the list.

Before a hearing begins, the legal adviser can tell you the name and nature of the charge, the stage of proceedings, and whether any orders or restrictions are in place. Cultivating a respectful, professional relationship with court legal advisers over time pays dividends — they will often alert you to cases of public interest on the list.

If you are uncertain whether a reporting restriction applies, ask the legal adviser before publishing — not after. A quick confirmation takes minutes; the consequences of a breach can be serious.

Charging vs sentencing — getting the language right

One of the most common errors in court reporting is conflating different stages of proceedings. Use precise language:

• ›A person is "charged with" an offence — not "accused of committing" or "convicted of" — when they first appear in court.
• ›A person "pleads guilty to" or "pleads not guilty to" a charge — not "admits" or "denies" in isolation without context.
• ›A person is "convicted of" an offence after a finding of guilt — either by plea or after trial.
• ›A person is "sentenced to" — not "given" — a custodial sentence. Include the full sentence, the period to be served, and the licence period.
• ›Ancillary orders (restraining orders, sexual harm prevention orders, disqualifications) must be accurately described — they are separate from and in addition to the custodial sentence.
• ›Do not use "found guilty" and "convicted" interchangeably in the same piece — one implies a trial, the other can follow a guilty plea.

See our attribution in crime reporting guide and reporting restrictions overview for wider context.

Common mistakes to avoid

• ⚠Publishing details of an allocation hearing beyond what s.8A MCA 1980 permits — including the prosecution case summary.
• ⚠Naming a defendant under 18 who is appearing in an adult magistrates court — the s.45 YJCEA 1999 power to restrict identification still applies.
• ⚠Reporting bail conditions — the mere fact of the conditions, not the hearing outcome — without checking whether those conditions are themselves subject to a s.11 order.
• ⚠Describing a case as "concluded" when only the first hearing has occurred — always check the stage of proceedings before your copy implies finality.
• ⚠Failing to include the defendant's right of response where allegations are repeated from court.
• ⚠Publishing prior convictions mentioned by counsel during proceedings when strict liability contempt has not yet ended.

Related guides

Primary sources

• HMCTS — Court and Tribunal Finder
• Judiciary — Magistrates Courts
• Magistrates Courts Act 1980 — legislation.gov.uk
• Sentencing Act 2020 — committal for sentence powers
• HMCTS — Court Cause Lists

Frequently asked questions