First Hearings Before the Magistrates’ Court

Introduction

Every criminal case begins in the **magistrates' court**, whatever its ultimate trial venue. This chapter examines what happens at the **first hearing**: how offences are **classified** (summary-only, either-way, indictable-only), how that classification drives the procedure that follows, how a defendant applies for **publicly funded legal representation** (a representation order under **LASPO 2012**), and the **role of the defence solicitor** in protecting the client's interests from the very first appearance.

Assessment focus

For the SQE1 FLK2 assessment you must be able to **classify** any offence and identify the **procedural consequences** at the first hearing: a plea is taken for **summary-only** offences; **plea before venue** (s. 17A MCA 1980) applies to **either-way** offences; and **indictable-only** offences are sent forthwith to the Crown Court under **s. 51 of the Crime and Disorder Act 1998** with no plea taken. You must also understand the **representation order** regime — the **interests of justice test** (s. 17 LASPO 2012) and the **means test** — and how these operate differently in the magistrates' court and the Crown Court. Questions are single best answer questions (SBAQs) set in **realistic client-based scenarios** requiring you to **apply** the rules, not merely recall them. This is a closed-book assessment.

Study tips

1) Memorise the **three classifications** and a worked example of each (theft = either-way; robbery = indictable-only; common assault = summary-only). 2) Lock down the **s. 51 CDA 1998** sending rule for indictable-only offences — **no plea is taken** in the magistrates' court. 3) For either-way offences, distinguish **plea before venue** (s. 17A MCA 1980) from **allocation** (ss. 19-20 MCA 1980). 4) Know the **six interests of justice factors** — factor (a), risk of custody, is the most commonly relied-on; the test is **automatically satisfied in the Crown Court**. 5) Remember the **committal for sentence** power under **s. 14 Sentencing Act 2020** where magistrates' sentencing powers are insufficient on a guilty plea to an either-way offence.