COURT

Auriga Advocates are specialists in dealing with motoring offence through the court system and can assist you through the entire process by taking away the stress of going to court on the offence you face.

The system can be completely daunting and confusing. You may think that seems very unfair and unjust in the way your case is being dealt with and you would have a point. You may be both anxious and frightened if you have not been through the process before.

You do not have to read any further just play our video on the top tips for court. It offers excellent advice particularly if you are representing yourself.

Click HERE if you wish to read more information on “representing yourself”.

 

 

Most motoring offences will be considered in the Magistrates Court with the exception of the most serious offences such as dangerous driving, serious injury cases or fatality cases which will start in the Magistrates Court before being sent to the Crown Court.

What is the Magistrates Court?

The Magistrates court is the lowest of the criminal courts and where all offences start. They deal only with the more minor offences which carry no more than 6 months imprisonment.

All offences start in the Magistrates Court but the more serious will be sent to the Crown court for sentence or trial.

Who will make a decision on my case in the Magistrates court?

This is usually lay magistrates who are members of the local community who volunteer their services. They only get expenses but are trained at a basic level. They will usually be guided by the legal advisor who is legally qualified. They will normally sit in three’s.

However, there is an increased use of District Judges who are legally qualified and sit alone.

What is the Crown Court?

The Crown Court deals with more serious cases which usually carry lengthy terms of imprisonment.

Just because your case is going to the Crown Court does not mean that imprisonment will be your penalty as it depends on the  circumstances and outcome of your case.

All these cases are sent from the Magistrates.

Who will make the decision in the Crown Court?

If you are being sentenced then the decision will be made by a Judge.

If you are being tried then the Judge will govern the proceedings, but it will be a jury of twelve people selected from the electoral roll who will decide on your guilt or innocence.

I was at court and my case was sent to the Crown Court but my solicitor did not argue my case, why was that?

Often, it is difficult for those not appearing regularly in court to understand that on occasion very little is said.

When a case appears before the Magistrates Court for a decision on whether the case should be heard in the Magistrates Court or the Crown, or, it is an offence which only the Crown Court can hear, then there is very little to say about any defence. This is because the only decision that needs to be made is where the case should be heard.

The only time your solicitor would make any representation, is if they disagree with the proposed court venue. Even then little would be said on evidence or your defence.

I have been asked to decide which Court I want to hear the case but I really don't know what to do?

Before reaching your plea, you should really get expert advice. The decision to enter a “Not Guilty” plea for such a serious offence without advice could prove disastrous.

 

Some offences are triable either in the Magistrates or the Crown Court and it is a difficult decision to make as to which is the best court for you.

If you are facing an either way offence you should call one of specialist solicitors who will be able to help you.


However, there are some facts which you need to know before reaching a decision.

  1. The Magistrates can be biased in favour of the prosecution and their conviction rates are high.
  2. The majority of them are white, middle-class and middle-aged so the conviction rate would come as no surprise that 95% of defendants going through the Magistrates Court are convicted.
  3. However, the same is not true of the Crown Court. A case will be tried by 12 members of the public, who have not volunteered and come from all walks of life.
  4. The result is that the conviction rates are much lower and your chance of acquittal much higher.

You can get some free advice by calling one of the specialist solicitors, who will discuss your options and ensure we reach the right decision for the best outcome in your case.

If I do not like the decision can I appeal?

Yes you can either appeal against sentence or conviction or both. The procedure will depend on which court hears you case.

To read more about appealing see our APPEAL page.

Unsure what to do next?

One of our legal team will be more than happy to discuss  your options and your concerns FREE OF CHARGE Between us we will reach the right option for you.  

We will not charge you a penny until you instruct us to act for you.

We are confident that we can offer you the best advice and support but you do not have to take our word for it see what our clients think of us By all means browse our website, You do not have to pay extra for attention and support we give that naturally because we care about you and understand what a traumatic experience being charged with an offence is.

  • Auriga Advocates have been extremely helpfully, very professional to the highest of standards. My case was dealt with quickly, efficiently and thoroughly. I was given all the relevant information to make an excellent and informed decision for the best possible outcome. Andrea has an extensive knowledge regarding drink drive offences and court in general. I would highly recommend her to anyone with confidence that she would be able to get the best possible outcome.

    Mr L Cheshire

  • Andrea had been assigned to me to help deal with a Road Traffic Incident.  I came across their service on line.

    I found Andrea to be very professional and helpful.  Explaining everything in full, so I was able to understand what was happening at all times.  Andrea worked fast and able to get a result for me very quickly.

    I would like to thank Andrea for helping make the ordeal less stressful and would highly recommend her and the company to all my friends who might be in the same situation I found myself in.

    Mr S, Cheshire.

    (In this case we persuaded the police not to issue proceedings at the outset).

  • Thank you for the professional way in which the Auriga Advocates team managed and handled my case. Every question I had at every stage was not only answered but explained so that I understood.I was looking at a long ban and community service but thanks to you and the manner that you dealt with the case especially on the day of the Court hearing, you were able to reduce this to a short ban and small fine.Thank you for achieving the best possible result for me.

    I would recommend you without reservation. Not only were you professional but as a person who had never been in this type of predicament before for the help and understanding you provided to me as an individual.

    Many thanks      Mr G Southampton

  • The result I had today in court was truly outstanding, your professionalism and determination representing my case was second to none. You will be highly recommended by me in the future.

    Thank you for everything, great result!

    Ms Y – Cheshire

  • I have recently used the services of Auriga, and I can say that I was extremely happy with their professionalism, knowledge, and experience with driving offences.

  • The service I received was exemplary I couldn’t have received the result I got without her expertise! I was so impressed with the ultimate result and the friendly help and advice I recieved from Auriga I feel it was money well spent!

    Mr B, Northants  (June 2016)

  • Don’t waste your time looking around – call Auriga Advocates for good sound caring professional advice. My potentially difficult case was handled within 24hrs”  Mr C – Wales