Court Proceedings
Court Proceedings
For those unfamiliar with the criminal justice system, appearing in court can feel intimidating and overwhelming. The procedures, terminology, and structure are often complex and difficult to navigate without experienced legal support. At MC Solicitors, we guide clients through every stage of the process, offering clear advice and strong representation.
Contact us for confidential legal support.
We will be by your side at every stage of the court process, providing clear guidance and strong defence to protect your future.
Categories of Offences
Criminal offences are divided into three main categories based on their seriousness. This classification determines which court will hear your case:
- Summary only offences – The least serious offences, such as minor assaults, driving offences, or fare evasion. These cases are always dealt with in the Magistrates’ Court and cannot be sent to the Crown Court for trial.
- Either way offences – Offences that can be heard in either the Magistrates’ Court or Crown Court, depending on their seriousness and complexity. Examples include theft, fraud, or assault occasioning actual bodily harm (ABH). The Magistrates’ Court will first decide if it is suitable to deal with the case. If it is, the defendant can then choose to have the matter heard in either the Magistrates’ or Crown Court.
- Indictable only offences – The most serious crimes, such as murder, rape, or blackmail. These cases must be sent directly to the Crown Court and cannot be decided by the Magistrates’ Court.
For defendants under 18, cases are usually heard in the Youth Court, although the most serious offences may be transferred to the Crown Court.
The choice of venue (where applicable) is a critical decision, and our solicitors will provide expert advice to ensure you make the right choice for your circumstances.
The Magistrates’ Court
The Magistrates’ Court is the first point of entry for all criminal cases. It deals with:
- Summary offences – which are finalised here; and
- Either way offences – if the court decides the case is suitable and the defendant consents to it being heard here.
Cases are decided either by:
- A District Judge – a full-time, legally qualified judge; or
- A panel of up to three magistrates – trained members of the community supported by a legal adviser.
The Magistrates’ Court has limited sentencing powers. It can impose:
- Up to six months’ imprisonment per offence (or 12 months total for multiple offences);
- Unlimited fines;
- Community orders, driving bans, or other penalties.
If a case is deemed too serious, the Magistrates’ Court will transfer it to the Crown Court for trial or sentencing.
The Youth Court
The Youth Court deals with defendants under the age of 18. It is less formal than the adult courts and designed to encourage participation and understanding from young people. Hearings are not open to the public to protect the identity of young defendants.
The court is staffed in the same way as the Magistrates’ Court, but magistrates and judges receive extra training to deal with issues specific to young people, such as safeguarding and vulnerability.
The Youth Court can hear summary, either way, and some indictable offences. However, in cases involving grave crimes or where the likely sentence exceeds two years in custody, the case may be transferred to the Crown Court.
The primary aim of the Youth Court is rehabilitation and preventing reoffending, though custodial sentences are still possible in serious cases.
The Crown Court
The Crown Court deals with the most serious criminal cases, including indictable-only offences and either way offences sent up from the Magistrates’ Court. It also hears appeals from the Magistrates’ Court.
Proceedings in the Crown Court are overseen by a judge. In trials, guilt or innocence is determined by a jury of 12 members of the public, while the judge is responsible for rulings on law and sentencing.
The Crown Court has much greater sentencing powers than the Magistrates’ Court, including:
- Long custodial sentences;
- Life imprisonment in the most serious cases;
- Confiscation orders, fines, and other penalties.
Trials in the Crown Court are often complex and can involve extensive witness testimony, expert evidence, and forensic analysis. Having an experienced defence team is essential to challenge the prosecution effectively.
Appeals
If you disagree with the outcome of your case, you may have the right to appeal. The route depends on which court heard your case:
- Magistrates’ Court appeals – Normally heard in the Crown Court. Defendants have 21 days from sentencing to lodge an appeal.
- Crown Court appeals – Heard in the Court of Appeal, usually relating to sentence or conviction. The process is more restricted and requires specialist legal advice. Appeals must be lodged within 28 days.
- Further appeals – In rare circumstances, cases can be appealed to the Supreme Court if they involve a point of law of public importance.
Late appeals are only accepted in exceptional circumstances where an extension of time is granted.
How We Can Help
Facing court proceedings without legal advice can be overwhelming and risky. At MC Solicitors, we:
- Provide clear guidance on the process at every stage;
- Represent clients in the Magistrates’, Youth, and Crown Court;
- Work with experienced barristers and experts to build strong defences;
- Advise on appeals, sentencing, and all aspects of criminal litigation.
Whatever stage your case has reached, our experienced solicitors are here to protect your rights and secure the best possible outcome.
Breach of Court Orders
We provide expert advice and representation for all types of Breach of Court Orders, including:
- Non-Molestation Orders (NMO)
- Restraining Orders (RO)
- Sexual Harm Prevention Orders (SHPO)
- Breach of Notification Requirements
- Community Protection Notices (CPN)
- Criminal Behaviour Orders (CBO)
- Domestic Violence Protection Orders (DVPO)
- Breach of Serious Crime Prevention Order
- Breach of a Modern Slavery Act Protection Order
- Breach of Stalking Order and Notification Requirements
- Breach of a Football Banning Order
- Breach of Dispersal Order
- Breach of Serious Violence Reduction Order
Breaching a court order can have serious consequences, including arrest, prosecution, and potential imprisonment. We will guide you through the process, advise you on your options, and work to achieve the best possible outcome.
We also advise in relation to breaches of Community Orders, Suspended Sentence of imprisonment Orders (SSO’s) and breach of Post Sentence Supervision (PSS) when the Probation Service have commenced breach proceedings for non-compliance of the requirements of these Court Orders (sentences).
We can represent you at these hearings before either the Magistrates Court or the Crown Court. Courts take breaches seriously. You might have a reasonable excuse. It is important that you contact us now without delay to seek expert advice.
Breach of Community Order
On breach of a community order the court must act in one of the following ways:
- Impose a fine of up to £2,500;
- Impose more onerous requirements than the original order (having taken into account the level of cooperation with the order) and let the order continue (including, on one occasion, lengthening the order by up to six months beyond its original date);
- If the order was made by the Crown Court, commit the offender for sentence;
- Revoke the order and deal with the offender in any manner in which it could deal with him/her if he/she had just been convicted by the court of the offence (having taken into account the offender’s level of cooperation with the order).
Note, with respect to an offender aged 18 years or older, imprisonment for a term of up to 6 months can be imposed following a wilful and persistent failure to comply, even if the original offence is not in itself imprisonable.
Breach of Suspended Sentence of Imprisonment Order (SSO)
Breach of a Suspended Sentence of Imprisonment Order (SSO) occurs if the offender does not comply with any community requirement during the period of suspension, or is convicted of a further offence during the operational period.
Upon a breach being proved the court has the following options open to it:
- Order the sentence to take effect (i.e. send the offender to prison); or
- Order the sentence to take effect but with a reduced term of imprisonment; or with an extended operational period; or
- Impose more onerous community requirements or extend the supervision or operational period; or
- Impose a fine of up to £2,500.
- If no requirements extend operational period.
The court must activate the custodial sentence unless it would be unjust in all the circumstances to do so.
Breach of Post Sentence Supervision (PSS)
Under s 256AA Criminal Justice Act (CJA) 2003, if a person is sentenced to under 2 years in custody, they will be subject to supervision for a year from the date of their actual release ‘for the purposes of rehabilitation’.
If it is proved to the satisfaction of the court that the person has failed without reasonable excuse to comply with a supervision requirement imposed under section 256AA, the court may—
(a) Order the person to be committed to prison for a period not exceeding 14 days
(b) Order the person to pay a fine not exceeding level 3 on the standard scale, or
(c) make an order (a ‘supervision default order’) imposing on the person— (i) an unpaid work requirement or (ii) a curfew requirement.
We also represent youths before the Youth Court when the Youth Offending Service (YOS) have instigated breach proceedings in relation to non-compliance of Referral Orders (ROs), Youth Rehabilitation Orders (YROs) and Detention and Training Orders (DTOs.
Contact us without delay if you have received notification of breach proceedings.
Speak to Us About Court Proceedings Today
Facing the court process can be daunting, but you don’t have to go through it alone. At MC Solicitors, we’ll stand by you at every stage — from the first hearing to appeals — ensuring you have the clear guidance and strong defence you need.