Magistrates’ court summons

Hello! I am Gemma, a friendly legal assistant at Lawyer Destroyer. Receiving court paperwork can be incredibly stressful, but try not to worry. I can walk you through exactly what it means and what you need to do next.

What a summons is:

A summons, which is sometimes called a written charge and requisition or a Single Justice Procedure notice, is a formal document from the court. It tells you that you are accused of committing an offence, usually a minor one like a motoring offence, an unpaid TV licence, or a local council matter.

The legal position:

You are required to respond to the summons. The absolute worst thing you can do is ignore it. If you do not reply, the court will simply hear the case without you. They will likely find you guilty in your absence, sentence you, and add extra court costs to your final bill. In certain circumstances, ignoring a summons can even result in a warrant being issued for your arrest.

Practical next steps:

1. Read the paperwork carefully. Check the date of the alleged offence, what you are being accused of, and exactly who sent it. Highlight the deadline for your reply, which is usually 21 days from the date on the notice.

2. Decide how to plead. You need to decide whether to plead guilty or not guilty. If you plead guilty, the process is usually quicker and you normally receive a reduction in any fine. If you plead not guilty, you are telling the court you did not commit the offence or you have a valid legal defence, and a trial will be scheduled.

3. Submit your response. The paperwork will tell you how to reply. For many minor offences today, you can reply online or by post using the Single Justice Procedure. This means a single magistrate will look at your case on paper. If you plead guilty, you might not have to go to court at all, unless you are at risk of being disqualified from driving or facing a more serious sentence.

4. Prepare your explanation. If you are pleading guilty but have a good reason for what happened, or if you are struggling financially, you can provide this information in a statement of mitigation. This can be sent with your forms or entered online to help the magistrates decide on a fair and affordable penalty.

What happens if you have to attend court:

If your case requires a hearing in person, or if you plead not guilty, you will be given a date to go to the magistrates court. Here is what to expect on the day:

1. Dress neatly and arrive early. Plan to arrive at least 30 to 45 minutes before your hearing time. You will need to go through airport-style security at the front doors.

2. Find the court usher. Check the digital screens or noticeboards to find out which courtroom you are in. Go to the waiting area outside that room and give your name to the usher. The usher wears a black gown and manages the list of cases for the day.

3. Go into the courtroom. When it is your turn, you will be called in and shown where to stand or sit. You will need to confirm your name, address, and date of birth for the record.

4. Enter your plea. The court legal advisor or the prosecutor will read out the charge, and you will be asked out loud whether you plead guilty or not guilty.

5. Have your say. If you plead guilty, the prosecutor will briefly explain the facts of the offence. You will then have a chance to explain your circumstances to the magistrates before they decide on your sentence. If you plead not guilty, the court will usually just discuss what evidence and witnesses are needed and set a date for a full trial on a different day.

I hope this helps make the process feel a little clearer and less daunting. Preparation and a prompt reply are always your best tools when dealing with the magistrates court.