Almost every criminal case in England and Wales starts in the Magistrates' Court, whatever it is about and wherever it ends up. The first hearing is short, and a lot of what matters has usually been decided before anyone walks into the room.
What the first hearing is for
The first hearing sets the case in motion rather than deciding it. The court confirms who the defendant is, the charge is read, and the question of plea is raised. For some offences a plea is taken on the day; for others the hearing is about where the case will be heard and what happens next.
Three things are commonly dealt with:
- Whether the case stays in the Magistrates' Court or goes up to the Crown Court.
- Whether a plea is entered, and if so what it is.
- Whether the defendant is released, and on what conditions, until the next date.
Where the case will be heard
Some offences can only be heard in the Magistrates' Court, some only in the Crown Court, and a large group in the middle can go either way. For that middle group, the first hearing is where the venue is decided. The choice affects how the case runs, how long it takes, and the range of sentence available, so it is rarely a formality.
Why the run-up matters more than the day
By the time of the first hearing, the prosecution has set out the allegation and disclosed at least some of the evidence. The decisions that shape a case — how to plead, whether to contest the venue, what to say and what to leave — turn on that material. Reading it properly takes time, and that time exists before the hearing, not on the morning of it.
Astons Law Chambers is instructed directly, without a solicitor, and stays with the case from the first hearing through to its conclusion. The first call is free.
What to do if a hearing is coming up
If a date has been set, the useful work happens now: obtaining the prosecution papers, going through them, and deciding how to approach the plea and the venue before the day arrives. A hearing reached without that preparation narrows the options that were available going in.
Written by Ghulam Humayun, criminal barrister at Astons Law Chambers. Regulated by the Bar Standards Board · Direct Access · Litigation Certificate. . This article is general information, not legal advice for a specific case.