HMCTS who's who: magistrates' court
An explanation of the people who may be present in a magistrates' court hearing.
The defendant
The defendant is the person who has been accused of the offence. The defendant sits in the dock. If they’re in custody a uniformed officer sits next to them.
The defence lawyer
The defence lawyer will speak on behalf of the defendant and try to show that they are not guilty of the offence. They also ask the witnesses questions. Sometimes a defendant will represent themselves.
The witness
The witness gives evidence and answers questions from the witness box. Young or vulnerable witnesses can give evidence by video link from somewhere else. The magistrates will decide whether a supporter may sit with the witness.
Assistance for the witness
A supporter may be able to sit with a young or vulnerable witness while they’re giving evidence. An interpreter will also attend the hearing if needed by the witness or the defendant. They’ll interpret what’s said during the hearing so that everyone present can understand each other. Interpreters are independent of both sides.
The prosecutor
The prosecutor is a lawyer who presents the case independently on behalf of the Crown Prosecution Service. They present evidence to show how the offence happened and challenge the defendant’s evidence if it is given. The prosecutor also asks the witnesses questions about what they saw or heard, or what happened to them.
The legal advisor or court associate
The legal advisor is a qualified solicitor or barrister that advises the magistrates on the law.
The court associate sits with the district judge to keep a full and accurate record of the hearing. They are not legally qualified.
The probation officer
Probation officers will help the court by providing risk assessments, advice on sentencing and bail, or presenting breaches. The officer may interview the defendant and present relevant information about them, along with a proposal to help decisions of the court.
The magistrates or district judge
Magistrates are trained, unpaid members of the local community who deal with less serious criminal cases. There are usually three magistrates sitting with a legal adviser, although sometimes two.
Alternatively, a district judge may hear your case. District judges are legally qualified specialists who sit on their own doing the most complex cases in the magistrates’ courts. If the magistrates or district judge decide the defendant is guilty of the offence they’ll consider an appropriate sentence. They don’t wear wigs or gowns like judges in the Crown Court.
The usher
The usher prepares the court room for the hearing. They make sure that everyone involved in the trial is taken in to the courtroom at the right time. The usher wears a black gown.
The press or media
The media can attend most court hearings by law. This includes those with reporting restrictions in place. A key part of open justice is the reporting of hearings by the media.
The public
A magistrates’ court is usually open to the public. People may sit quietly and listen at the back of the court.
Please note this is a representation only – the people in the room may be different. Not all courts look exactly alike.