The Magistrates’ Court – The Justice System’s Unsung Hero
A Talk by Martin Savage, Berkshire Magistrates’ Association – 1st September 2026
When most of us think about courts, we picture dramatic jury trials, barristers in wigs and judges handing down lengthy sentences. But that is only part of the story. The vast majority of criminal justice in England and Wales takes place in the Magistrates’ Courts. In 2025, 93% or 1.5 million criminal cases were dealt with entirely in a Magistrates’ Court, making it the true workhorse of our justice system.
This was one of many fascinating insights shared by Martin Savage of the Berkshire Magistrates’ Association at the September Hartley Wintney u3a meeting. His enlightening and engaging talk took us behind the courtroom door and into a world that most of us rarely encounter, but which plays a vital role in our communities.
Who are the magistrates?
Perhaps the biggest surprise is that magistrates are not normally lawyers. They are volunteers from a wide range of backgrounds and professions who give their time to serve their communities.
They are appointed through one of the 31 Advisory Committees on Justices of the Peace in England and Wales, following a rigorous selection process. Candidates need to demonstrate good character, sound judgement, social awareness, maturity and a commitment to public service. They receive training before sitting in court and are supported by qualified legal advisers who guide them on matters of law and procedure.
Martin also shared some revealing statistics about the magistracy. Of the 14,576 lay magistrates in England and Wales, 57% are women and 43% men; 14% are from ethnic minority backgrounds, and 81% are aged over 50.
How does the justice system work?
Martin described the purpose of the justice system as being “to deliver justice for all by convicting and punishing the guilty and helping them to stop offending, while protecting the innocent.”
That simple statement embraces some fundamental principles: a person is innocent until proven guilty; the Crown Prosecution Service must prove its case to the criminal standard of “beyond reasonable doubt”; summary justice should be speedy; and everyone appearing before the court should be treated with respect.
The presentation also clarified the distinction between criminal and civil law. Criminal cases concern offences against society and are prosecuted by the state. They start in the Magistrates’ Court, with around 7% progressing to the Crown Court. Appeals can ultimately reach the Court of Appeal, Criminal Division, and the Supreme Court.
Civil law, by contrast, deals with disputes between individuals, organisations and businesses. These generally begin in the County Court, with appeals potentially progressing through the High Court and Court of Appeal before reaching the Supreme Court.
Three types of criminal offence
A particularly useful part of the talk was the explanation of the three categories of criminal offence.
- Summary offences are the least serious and are dealt with entirely in the Magistrates’ Court. Many motoring offences fall into this category.
- Either-way offences are more serious and can be heard either in the Magistrates’ Court or the Crown Court, depending on the circumstances and, in relevant cases, the defendant’s choice.
- Indictable offences are the most serious crimes – including murder, rape and armed robbery – and are sent to the Crown Court for trial before a judge and jury.
Three courts, many responsibilities
Martin outlined the three main types of court in which magistrates sit.
- The Adult Crime Court, dealing with defendants aged 18 and over, forms the bulk of the Magistrates’ Court’s work.
- The Youth Crime Court deals with young people aged 10–17 and operates within a framework designed specifically for younger offenders.
- Then there is the Family Court, covering both public family law, such as cases involving children and local authorities, and private family law, including disputes arising from relationship breakdown. A dedicated group of magistrates receives additional training to deal with these often complex and sensitive cases.
From plea to trial – and the question of bail
So what actually happens when a case arrives at court?
Martin took us through the process, beginning with court listing, which determines when and where cases are heard.
The defendant then enters a plea. An expected guilty plea can allow the case to move swiftly towards sentencing. An expected not guilty plea requires further preparation, including decisions about where the case should be heard and whether the defendant should be granted bail.
Bail itself can take three forms. Unconditional bail allows the defendant to remain at liberty until the next hearing. Conditional bail imposes requirements such as a curfew, restrictions on contact or electronic monitoring. In other circumstances, the defendant may be remanded in custody until the next stage of the proceedings.
If the case goes to trial, the prosecution presents its evidence and witnesses first. The defence can challenge that evidence and present its own case. The magistrates then consider all the evidence before deciding whether the prosecution has proved the case beyond reasonable doubt.
Sentencing – much more than punishment
The final part of Martin’s presentation looked at sentencing – perhaps the area most likely to be misunderstood by the public.
Sentencing is not simply about punishment. Its aims include punishing offenders, reducing crime, deterring future offending, rehabilitating offenders, protecting the public and providing reparation where appropriate.
Magistrates have a range of sentences available, from absolute or conditional discharge, through fines and community orders, to custody, either immediate or suspended.
And importantly, sentencing is not a matter of personal opinion. Magistrates follow detailed national sentencing guidelines. They first assess the harm caused and the offender’s culpability. This produces a sentencing category and starting point within a structured matrix. They then consider the often lengthy list of aggravating and mitigating factors before arriving at an appropriate sentence.
This structured approach is designed to promote consistency, fairness and transparency across the country.
The people behind the process
Perhaps the most striking message from Martin’s talk was just how much our justice system depends on ordinary people volunteering to undertake an extraordinary responsibility.
Martin’s presentation was both enlightening and interesting, opening our eyes to a part of everyday life that most of us know remarkably little about. It left attendees with a much greater appreciation of what happens behind the courtroom door – and of the thousands of volunteers who help keep justice moving.
The Crown Court may get the headlines, but the Magistrates’ Court is where the day-to-day business of justice really happens.
1 September 2026