You may have received a postal requisition (sometimes referred to as a summons) in the post or whilst at the police station been told that you have been charged with an offence and need to attend the Magistrates Court. This can be a very distressing time especially if this is the first time you have been to Court. Below is a helpful guide of what will happen before and during the hearing.
Before the hearing
It is important at this stage you research and instruct a solicitors firm who specialise in criminal defence. The solicitors in the Crime department at Stephensons Solicitors have over 150 years of combined experience successfully representing people at the police station and at the Magistrates Court for the most serious offences through to the least. The department have been awarded tier one ranking, the highest, for its criminal defence work in the Legal 500 for the tenth consecutive year. One of the team will be happy to discuss the allegations made against you and the funding options.
Once instructed we will obtain access to your digital file and will await the evidence from the Crown Prosecution Service. This is usually only served seven days before the first hearing at the Magistrates Court. If we do receive the evidence prior to the hearing we will try and arrange an appointment with one of the clerks or solicitors to go through the case papers and begin taking your instructions.
Day of the hearing
The requisition or charge sheet will advise you of the date, time, location and the Court room where your case will be heard. We would advise clients to wear smart clothing for the hearing and arrive 30 minutes before the time you have been told to attend and be prepared for a wait. All defendants are usually asked to attend at the same time, 9:45 for a morning hearing (10am-1pm), 1:45 for a 2pm for a hearing in the afternoon session (2-4:30) but only one of them can be on first. Your solicitor will do what they can to minimise delay, but sometimes this is out of their hands.
When you arrive at Court you will go through security and then need to make your way to the Court room. We advise clients to take a seat outside the Court room where their solicitors will find them for a conference before the hearing. During the conference the solicitor will discuss the evidence, take your instructions, advise you of the law and strength of the case and what will happen during the hearing. They will help you make decisions about your case such as what your plea should be (guilty or not guilty) and where to have your trial if you are denying the allegation (Magistrates or Crown Court)
During the hearing you will be asked to confirm your details and may be asked to enter a plea to each of the allegations.The solicitor will then address the Court and your case will either; conclude during that hearing, be listed for trial or sentence at the Magistrates Court or sent to the Crown Court for a plea or sentence hearing.
After the hearing there will be a further conference with your solicitor to discuss the next steps
FAQS
I have received a postal requisition. Does this mean I have been charged with an offence?
Yes. This is a question we are asked frequently. You do not need to attend the police station to be prosecuted for an offence. The requisition will confirm what offence(s) you are being prosecuted for and which Court you are required to attend and when.
Do I need to bring a bag to the Magistrates Court in case I am sent to prison?
It is very rare that a court will send someone who has answered bail or postal requisition to prison during the first hearing at the Magistrates Court. However, your solicitor will be able to advise you as to whether or not this is a realistic possibility. If there is a possibility of a custodial sentence being imposed the Magistrates will usually request the Probation Service meet with the client to prepare a report. During the meeting the Probation Officer will explore with you the circumstances of the offence and your own personal circumstances. They will then prepare a report summarising their findings and will recommend what sentence they believe should be imposed. The Magistrates will consider this prior to the sentence hearing. Your case would ordinarily be adjourned for 4-6 weeks for this work to be completed.
Do I have to attend the Magistrates Court hearing?
You are required to attend the hearing. If you do not the Magistrates have the power to issue a warrant for your arrest. If you have been bailed to attend and fail to do so this is an offence in itself. If you have a good reason why you cannot attend (for example, you are ill in hospital) then you will need to let the court know and provide evidence through your solicitor..
I have received a postal requisition. Will the trial take place that day?
No. A lot of preparation is required before a trial therefore if you are pleading not guilty during your first hearing at the Magistrates Court your case will be adjourned for the trial. The trial might be listed in a few months’ time or over a year away depending on the offence and the court.
I have been charged but the complainant has retracted do I still need to attend Court?
You will still be required to attend the hearing. Even if the complainant has retracted the Crown Prosecution Service (CPS) will decide to continue with the prosecution if they decide that it is in the public interests to do so and that there a realistic prospects of a conviction. The CPS may decide to make a reluctant witness come to court or they may have other supporting evidence such as CCTV footage, medical evidence or independent witnesses.
If you’ve received a postal requisition or been charged with an offence, it’s crucial to get expert legal advice as soon as possible. Contact our experienced criminal defence solicitors today on 0161 696 6188 for clear, confidential guidance and support at every stage of your case.
