Proceeding in Magistrates court?

[Tollie]

I am looking for information on what happens in a magistrates court when it is a first appearnce. My son is appearing charged with 2 counts of common assult, he was drunk on the night in question and can not remember anything (I am assamed of him, as he is of himself). This is the first time anything like this has every happened and, I hope, the last. My husband and I will be in court but I have never been to court before and neither has my husband so am really looking to anyone out there to be able to give me an idea of the proceedings and what to expect in terms of what is said and does it make a difference if you pleed guilt or not guilty? Sorry if question is a bit long winded. Thanks in anticipation of any information.

[law advice]

Did he do it. if not get a solicitor. I was charged with attempting to break into a motor vehicle when drunk, which was witnessed by two police officers!! The case was thrown out of court, the police officers fabricated the story which was proven in court as they had a widely differing version of events, which was revealed under examination.
At the very least get legal advice, that criminal record will be with him for life.

[Loosehead]

It will also go against him big time if he persists with this "I can't remember" bullsh1t. The beaks have seen it all before and would go easy on him if he just owns up and shows a bit of contrition. They hate it when a defendant treats them like idiots.

[jedimistress]

I think on the first appearance, if he pleads guilty, he will be sentenced there and then. If he pleads not guilty, then the case is adjourned and they can set a date for the trial or pre trial review.

That's what's happened to me anyway, that was a council prosecution not a police prosecution.

[jedimistress]

The difference between pleading guilty and not guilty. Well if you plea guilty...The prosecution would read out the charge, you would indicate your plea of guilty when asked. You would then add any mitigating circumstances to explain why should be treated leniently. (first offence etc). The trial will be over there and then and no evidence would be required. The sentence would be passed and you all go home. The sentence may be more lenient as your plea was guilty.

Not Guilty Plea. You would lose any guilty plea credit, if found guilty and sentenced. You should then be given all the evidence the prosecution intends to use against you so you can prepare your defence. You will possibly be called back to court for a pre trial review. (Your solicitor will attend on your behalf. If you are unrepresented you will attend in person) It is an admin meeting to decide how long to allocate for the actual trial, based on number of witnesses. Also a time to describe any facilities you may need at the court ie. Video player, tape recorder etc. The magistrates will not be present, just the prosecutor and clerk.

They will set a mutually convenient date and time for the trial where the prosecution will present their case, then you will present yours.

At the trial and on the first hearing also, tyhere will be a clerk present and 3 magistrates. The clerk will chat with the magistrates from time to time as they are fully versant in law. The magistrates are there to judge.

I have limited experience but I hope this is of use.

[Tollie]

Thank you, particularly to Jedimaster. That has given me an insight into what to expect.

[applejac1]

depending on the injuries if your son was drunk it will be the witness statement which the court will consider on the event at its highest may get a fine depending on injurieis or a community penalty