Criminal Court: What Happens at First Hearing, Guilty or Not...

Introduction

New to the criminal courts in England and Wales? This guide explains what happens at your first hearing, how a guilty plea differs from a not guilty plea, what “either-way” means, and what to expect with sentencing, costs and appeals. It’s written to be simple, practical and easy to scan, whether you’re going to the Magistrates’ Court or your case is heading to the Crown Court.

What You'll Learn

• The typical sequence at a first hearing
• How guilty pleas are taken and what “credit” means
• What happens if you plead not guilty
• The difference between summary-only and either-way offences
• How venue is decided (Magistrates’ vs Crown Court) and what “electing” means
• The role of mitigation, probation reports and ancillary orders
• Costs, the Victim Surcharge and payment arrangements
• Bail, attendance rules, and the risk of trial in absence
• Legal aid basics and the Representation Order
• Appeal time limits and next steps after court

Core Concepts

Getting the case papers and giving instructions

• Before the first hearing, your solicitor will try to obtain the initial case details from the prosecution. Sometimes, these papers only arrive on the day.
• Once received, your solicitor will review the evidence with you, discuss strengths and weaknesses, and advise on plea.
• You’ll give formal instructions, including your account, any defence issues, and details of potential witnesses.

Guilty plea: sequence at the hearing

• If advised and you decide to plead guilty, the charges are put to you and you confirm your plea in court.
• The prosecutor “opens” the case to the Magistrates or District Judge and provides a short summary.
• The court is told about any previous convictions or cautions that are relevant to sentence.
• The prosecutor may seek ancillary orders (for example, a restraining order, drinking banning order, or sexual harm prevention order) and will usually ask the court to award prosecution costs. At the time of writing, the standard costs request after a guilty plea is £85.

Mitigation and sentencing credit

• Your defence advocate presents mitigation: background and personal circumstances that help the court decide on a suitable sentence.
• The court considers how much credit to apply for your guilty plea. Credit reduces sentence length; an early plea earns the most.
• Sentencing follows the Sentencing Council guidelines, which set starting points and ranges for different offences.

Probation reports and ancillary orders

• If required, you’ll meet a Probation Officer at court. This short interview covers the offence and your background.
• The Probation Officer provides a report to assist the court with sentencing options (e.g. community-based work, rehabilitation activity).
• Your advocate can address any issues arising from the report and respond to proposed ancillary orders.

Sentencing, costs and payment

• After hearing both sides, the Magistrates or District Judge announces the sentence and explains any ancillary orders.
• Prosecution costs and a Victim Surcharge are added. You’ll be asked how you plan to pay.
• A Collection Order is commonly made, giving 14 days for payment. Be realistic about what you can afford; the court may ask if you have money with you.

After sentence: confirming outcome and appeal window

• If represented, your advocate will recap what happened and next steps so you’re clear.
• You’ll receive a letter confirming the sentence within a few days.
• If you wish to appeal, tell your solicitor immediately: there is generally a 21-day time limit from the date of conviction.

Not guilty plea: what to expect

• If you plead not guilty, the court deals with case management to prepare for trial.
• For summary-only offences (which can only be heard in the Magistrates’ Court), the court sets a trial date and gives directions about witnesses and evidence.
• You’ll be remanded on bail (with or without conditions) or in custody. If you’ve been on bail so far, it’s unlikely you’ll be remanded in custody at the first appearance, but do not breach any conditions.
• You’ll be warned that if you fail to attend, the trial may proceed in your absence.

Either-way offences: venue and election

• Either-way offences can be tried in the Magistrates’ Court or the Crown Court, depending on seriousness and complexity.
• The prosecutor and defence make short submissions on suitability for summary trial. If it’s too serious or complex, the Bench will send the case to the Crown Court.
• If the Bench says it’s suitable for the Magistrates’ Court, you may choose (elect) a Crown Court trial. You should get advice on venue, including sentencing powers and possible outcomes.
• Whether the case is sent or you elect Crown Court, you’ll usually get a date (often within 28 days) for a Pre-Trial Preparation Hearing (PTPH).

Trial preparation: working with your legal team

• Preparation includes a full account from you, identifying the issues in dispute, and listing defence witnesses.
• Defence witnesses need to be contacted and statements prepared. Provide names and contact details promptly.
• Stay engaged with your solicitor and advocate. Timely responses and attendance at meetings help keep your defence on track.

Legal aid and Representation Orders

• If you were represented at the police station, your solicitor will likely already know your eligibility for legal aid and may have applied for a Representation Order from the Legal Aid Agency.
• If you’re a new client, contact your chosen firm promptly. Legal aid can take time to arrange, and you’ll want funding in place before key hearings.

Key Examples or Case Studies

Case study 1: Guilty plea to a summary-only offence

• Offence: Low-level shop theft.
• Hearing: Magistrates’ Court. The prosecutor summarises the facts and mentions a past caution.
• Defence: Mitigation focuses on recent employment and a plan to repay the store.
• Outcome: Conditional discharge plus costs (£85) and a Victim Surcharge. Payment via a Collection Order with 14 days allowed.

Case study 2: Not guilty to an either-way assault

• Offence: Assault occasioning actual bodily harm (ABH).
• Venue decision: Bench finds the case suitable for Magistrates’ Court based on the facts. After advice, the defendant elects Crown Court trial.
• Next step: Case sent to Crown Court; PTPH listed in about 28 days. Bail continues with non-contact conditions.
• Preparation: Defence obtains CCTV and interviews two witnesses who say the defendant acted in self-defence.

Case study 3: Summary trial listed; attendance warning

• Offence: Drunk and disorderly (summary-only).
• Management: Magistrates list a half-day trial. The prosecutor identifies two police witnesses; defence does not require civilian witnesses.
• Warning: The court explains the trial may go ahead without the defendant if they fail to attend.
• Outcome on the day: Defendant attends; found not guilty after cross-examination raises doubt about disorderly behaviour.

Practical Applications

• Before court

  • Share all documents with your solicitor quickly, including any phone footage or message screenshots.
  • Provide names, addresses and phone numbers for potential defence witnesses.
  • Discuss plea early; if you intend to plead guilty, early credit can reduce sentence.

• On the day of the hearing

  • Arrive early, dress smartly and switch your phone off in the courtroom.
  • Bring proof of income/expenditure if you may be fined, to help the court set realistic payments.
  • If you’re on bail, bring your bail paperwork and stick to any conditions.

• During the hearing

  • Listen carefully and answer clearly when addressed by the court.
  • Tell your advocate about anything urgent that affects sentence (health, caring responsibilities, employment).
  • If asked about payment, be honest about what you can afford; ask for time if needed.

• After the hearing

  • Keep the court paperwork and the confirmation letter your firm sends.
  • Note any upcoming dates (PTPH, trial) and tell your employer if you need time off to attend.
  • If you’re considering an appeal, contact your solicitor the same day. The time limit is short.

• Working with your legal team

  • Respond promptly to calls and emails, attend all appointments, and keep your contact details up to date.
  • Tell your solicitor immediately if your circumstances change (address, employment, medical issues).

Summary Checklist

• First hearing: plea taken or case managed for trial
• Guilty plea: prosecutor opens, defence mitigation, sentence explained
• Not guilty plea: trial date/directions; keep bail conditions
• Either-way offence: Bench assesses; you may elect Crown Court
• PTPH: usually within about 28 days if sent/elected to Crown Court
• Probation: report may be prepared on the day to assist sentence
• Ancillary orders: prosecution may apply; defence can respond
• Costs and Victim Surcharge: expect both to be added to any sentence
• Payment: Collection Order commonly allows 14 days; be realistic
• Appeal: act fast—generally a 21-day limit; speak to your solicitor

Quick Reference