Attending Court
Court
Auriga Advocates are specialists in dealing with motoring offences which are going 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.
All offences start in the Magistrates Court but the more serious will be sent to the Crown court for sentence or trial.
However, there is an increased use of District Judges who are legally qualified and sit alone.
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.
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.
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.
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;
- The Magistrates can be biased in favour of the prosecution and their conviction rates are high.
- 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.
- 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.
- 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.
To read more about appealing see our APPEALS page.
For more info : https://aurigaacademy.getlearnworlds.com/pages/home?site_template_id=651462705c1d8c015f0ed768
You can instruct a duty solicitor on your arrival at court but they will not be able to represent you on a not guilty plea and will only have a few minutes to deal with your case without any pre-hearing preparation. You must remember you will be in, usually, a long line of people waiting to be represented by them.
You may be eligible for legal aid to represent you for a trial but you must satisfy two tests; financial test and merits test. Most people do not qualifty.
For More information see our article: