Court Defence

First hearings in magistrates’ courts deal with initial case management. Courts check your details, explain charges, enter pleas, and list cases for trial or sentencing. For either-way offences, courts decide whether to accept jurisdiction or send cases to Crown Court.

Legal Aid applications are made at first hearings. Bail applications occur if you’re in custody. We represent you ensuring you understand proceedings, advise on pleas, make bail applications, and ensure proper case management.

You will be fully advised upon plea, according to the strength of the evidence and your instructions. Early guilty pleas can attract sentencing discounts. This is known as credit for plea. The level of discount depends on when the plea is entered.

Magistrates’ court trials occur before three magistrates or a district judge who determines innocence or guilt. Prosecution presents evidence first including witness testimony and exhibits. We cross-examine prosecution witnesses challenging their evidence.

We then present defence evidence including your testimony if you testify and defence witnesses. Magistrates retire to consider verdicts. If guilty, courts proceed to sentencing. If not guilty, you’re acquitted. Trials typically last half days to full days depending on complexity.

Crown Court trials involve juries of 12 people determining innocence or guilt. Judges manage trials and sentence if juries convict. Barristers conduct trials presenting evidence and legal arguments. Juries hear prosecution and defence cases then retire to consider verdicts.

Crown Court trials are more formal than magistrates’ court trials and take longer, often multiple days. We appoint experienced barristers, prepare cases comprehensively, and liaise with barristers throughout.

Bail means release from custody pending trial or sentence. Bail can be unconditional or with conditions like residence requirements, curfews, reporting to police stations, or prohibitions on contacting witnesses. Courts presume in favour of bail but can refuse it if you might abscond, commit further offences, or interfere with witnesses.

We make bail applications when courts refuse bail or seek to vary onerous conditions. Bail can be reviewed if circumstances change. Breaching bail conditions or failing to attend court are serious matters potentially resulting in immediate custody.

Sentences follow Sentencing Council guidelines considering offence seriousness, aggravating factors like previous convictions, and mitigating factors like remorse or personal circumstances. Courts consider harm caused and culpability. Guilty plea credit can reduce sentences, with the largest discounts available for the earliest pleas.

Options include discharges, fines, community orders, suspended sentences, and immediate custody. We present mitigation addressing your circumstances, rehabilitation prospects, and impact of custody. Effective mitigation significantly affects sentences particularly for first-time offenders.

You can appeal magistrates’ court convictions or sentences to the Crown Court. Appeals are rehearings with Crown Court judges. Crown Court convictions can be appealed to Court of Appeal on grounds including unsafe convictions or excessive sentences, requiring leave to appeal.

Sentences can be appealed as unduly lenient or excessive. Time limits apply to appeals. We advise on appeal prospects and conduct appeals when appropriate.