Preparing for your visit
We recommend contacting the court in advance so you can find out more about when to attend. You can find and visit any court you like for your observations and see opening hours and contact details.
HM Courts & Tribunals Service (HMCTS) publishes public lists of hearings. If you’re interested in observing a particular case type, search for it on Courtserve.
For your two required observations as part of your application, you should only observe magistrates’ sittings, and not District Judges. Staff at the court will be able to tell you which court(s) have magistrates sitting.
What to expect
- When you arrive at the court, you must pass through security. This is to check that you are not carrying something which is not allowed in the courtroom. You may take in phones and cameras, but you must not take photos or videos with them.
- After going through security, please attend reception and let them know you wish to observe magistrates’ cases. They will let you know what cases are being heard that day.
- You can observe hearings from the public gallery. This tends to be at the back of each court room.
What will I see?
Magistrates deal with three main types of offence:
- Summary offences – these are less serious offences, such as speeding and criminal damage. In such cases, the defendant would likely not get a trial by jury.
- Indicatable-only offences – these are much more serious offences, such as murder, manslaughter and robbery. Generally, these cases must go to a more senior court called a Crown Court. For such cases, magistrates will decide whether to release the person accused on bail.
- Either-way offences – these can be dealt with either by a magistrate court or in the Crown Court. They include offences such as theft and handling stolen goods.
Magistrates hear cases on a broad range of issues. The court staff will be able to tell you more about what the hearings in different courtrooms are about.
Who will I see?
Courtrooms are often busy. There will be several people present in the courtroom at any time.
No matter what court you attend, most attendees will be one of the following:
- Magistrates usually sit as benches of three. One person known as a Presiding Justice, who acts as the chair, sits in the middle. Two other people, called wingers, sit on either side. All three magistrates contribute equally to the decision-making, but only the Presiding Justice speaks on their behalf in court. Magistrates may also sometimes sit as a pair.
- Legal adviser sits in front of the magistrates and provides them with legal advice when required. They are qualified solicitors or barristers, and ensure that all proper procedures are followed.
- Usher – they prepare the court room for the hearing. They will ensure that everyone involved in the trial is taken to the courtroom at the right time. They will ask all attendees to rise for the magistrates at the start and close of a hearing.
- Defendant – this is the person who has been accused of the offence. For more serious offences, they may stand in a secure room, known as a dock, away from the other people in the courtroom.
- Defence and prosecution – they face the legal adviser and magistrates. The prosecuting solicitor presents the prosecution case on behalf of the Crown Prosecution Service (CPS). The defence solicitor protects the interests of their client – the defendant.
- The court manager – they oversee the cases that are being brought before the court. The magistrates and legal adviser will liaise with them about upcoming cases for that day’s sitting.
- The witnesses – witnesses may also give evidence and answer questions, from the witness box.
For more information, please read the guidance.
Watch this video to learn more about a typical magistrates court and its key attendees (access the subtitles by clicking play, then ‘cc’ in the bottom right hand corner of the video):
Read video transcript
(0:00 to 0:56) The courtrooms will not all look like this one, however where people sit in the courtroom will normally be the same. Everyone you’ll see in court has a specific role to carry out, this includes the usher who will usually take you into the courtroom.
The magistrates or judge makes decisions about the law and ensures everyone in the courtroom is treated fairly including the witnesses.
As there is no jury in a magistrates’ court, the judge alone or three magistrates will decide if the defendant is guilty or not guilty based on the evidence.
Magistrates are supported by a legal adviser.
The defendant is the person on trial who is accused of a crime, in some cases there may be more than one defendant. Sometimes the defendant will be behind a glass screen and they could have a security guard with them.
(0:57 to 1:40) The prosecuting advocate acting on behalf of the Crown Prosecution Service or another prosecutorial agency is a lawyer or solicitor. They will present evidence to persuade the judge or magistrates that the defendant has committed the crime they have been charged with.
The prosecuting advocate doesn’t always wear a wig.
The defence advocate represents the defendant and will present the defendant’s case to the judge or magistrates which will include testing the strength of the prosecution.
There may be other people in the courtroom; court officials, police, probation, solicitors or Crown Prosecution Service representatives it’s unlikely that you’ll need to speak to them.
(1:42 to 2:34) There may be members of the public sitting quietly in the public gallery, a seating area at the side or back of the courtroom. Members of the press may also sit in the courtroom.
This is the witness box where you can stand or sit and it’s usually from here you’ll give your evidence.
The first thing you’ll be asked to do is to promise out loud to tell the truth. You can swear on a holy book such as the Bible, Quran or Torah, or you can promise to tell the truth using a non-religious affirmation it’s completely up to you. If you need support to give your oath, for example if you would prefer the book to be placed on the desk, or you would find it easier to repeat the words after the usher, speak to the usher before you enter the courtroom. If you have an interpreter or intermediary, they will also have to swear an oath.
(2:36 to 4:08) The judge will speak to you before you give your evidence they will say something like this:
“You’re going to be asked a series of questions by the prosecutor and the defence. I have to keep an accurate note of what you say, so it’s also important that you speak slowly enough for me to keep up with you. You can say if you don’t understand a question or if you don’t know the answer, it’s not a memory test. If you cannot remember say you cannot remember.”
Now you’ll give your evidence to the court. The prosecution and defence advocates will ask you a series of questions about the case and the statement you made to the police. This is called the examination and cross-examination. The judge and advocates, will often take notes.
When both advocates have finished the judge or magistrate will speak to you:
“You have now completed your evidence and you can leave the witness box it is very important that you don’t speak to anyone about the case, including the press. Thank you for giving your evidence today.”
You should also remember not to post any details of the case or your evidence on social media.
When you have finished giving evidence, you’ll be told when to leave the witness box and the courtroom. You may be able to return to the witness room, take a seat in the public gallery if you want to watch the rest of the hearing, or leave the court building straight away. The witness care unit or the defence team will be in contact to let you know the outcome of the case.
Court practices
You will be asked to rise, or stand, when the magistrates enter or leave the room. This might be for a break, or to agree a decision.
Photography, filming, or audio recording in the courtroom are not allowed.
Making the most of your observations
The court observations are the best way to learn more about what a magistrate does in their role. They show you up-close the important decisions that magistrates make every day.
We therefore recommend that you visit multiple courtrooms during your observations.
You will also be asked about your observations as part of your application. You therefore may want to think about the following questions:
Before you attend:
- What do I expect to see at my court observations?
- What subject areas would I be interested to hear a case on?
- Which parts of the magistrate role would I most like to learn more about?
After you attend:
- What did I find most interesting about my observations? Was there anything I saw which was surprising?
- How did it feel to see magistrates making important decisions on cases?
- Do I understand why the magistrates made the decisions they did?
- What would I do if I were one of the magistrates making these decisions?