Who's Who in the Magistrates' Court

A quick introduction to the layout of a Magistrates' Courtroom and the roles of the people found there.

Before we start we should say that the diagram and video show a fairly typical courtroom layout, but slight variations are possible depending on the court location.

A: The Defendant

The defendant is the person accused of committing an offence. If the defendant is being held in custody, they will normally appear in a secure area at the back or side of the courtroom called the dock. If they are in the secure dock they will normally be accompanied by at least one custody officer. If the defendant has been bailed or requisitioned to attend court on a particular occasion, they could either end up in the dock or sitting beside it (local practice varies).

B: A Witness Supporter

A witness supporter might be present beside the witness box if a witness is giving evidence. The Magistrates will decide whether or not to allow a witness supporter.

C: Waiting Advocates

Advocates waiting for their cases to be called quite often sit on bench behind the prosecution and defence advocates.

D: The Witness

The witness gives evidence from the witness box. They answer questions put to them by the prosecution and defence advocates and the Magistrates. Witnesses give either an affirmation or oath to tell the truth during their evidence. If the witness is vulnerable they might give evidence from behind a screen or via videolink.

E & F: The Prosecution and Defence Advocates

These professionally qualified lawyers tend to be solicitors in the Magistrates' Court, but occasionally a barrister might take the role. The defence advocate is there to advise the defendant and get them the best possible outcome; the prosecution advocate is there to prove the defendant's guilt. Convention, despite what the video implies, is that the defence advocate tends to sit nearest the dock and the prosecution advocate tends to sit nearest the witness box.

G: The Usher

Quite often the usher is easy to identify because they wear a black gown. The usher's job is to bring people in and out of the courtroom and ensure everyone is at the right place at the right time. It is usually the usher's job to make sure anyone in the witness box gives the correct oath or affirmation before they give their evidence. The usher also helps the legal advisor with administrative tasks.

H: The Legal Advisor or Court Associate

The legal advisor is a professionally qualified lawyer who assists the Magistrates by explaining points of law and managing the cases before the court. The legal advisor records any decisions taken by the court. It is important to stress that all of the important decisions are taken by the Magistrates, but having due regard to the professional advice they are offered by the legal advisor. Sometimes a District Judge sits in place of a bench of Magistrates. As a District Judge is a professionally qualified lawyer, they usually have a court associate instead of a legal advisor. The court associate role is more administrative than advisory.

I: The Magistrates

The Magistrates decide if the defendant has committed the offence they are accused of and how to deal with them if they have. Magistrates normally sit in benches of three and make their decisions collectively. Each Magistrate, irrespective of their experience, has the same voice in the decision making process. The Magistrate in the middle, called the Presiding Magistrate/Justice (but still often referred to as the chairman), acts as the spokesperson for the whole bench and usually all dialogue goes through them. The Magistrates on either side are referred to as wingers. Magistrates can sit as a bench of only two, but problems would arise if they were unable to reach a consensus during the decision making process. Sometimes a professionally qualified District Judge sits instead of a bench of Magistrates. The District Judge has exactly the same decision making powers as a bench of Magistrates.

J: The Public

Virtually all criminal cases are open to the public. Anyone can walk into a Magistrates' or Crown Court and watch a case involving an adult defendant. Members of the public have to undergo a security screen before they are allowing into the court building.

Not shown on the video:

Members of the press or media are often present on the side or public benches when there is a high profile case that they'd like to report on. Anyone can take notes in the courtroom, but it is forbidden to take photographs or audio recordings without the express permission of the court.

Probation officers are sometimes present on the side benches. It is their job to give the court advice on sentencing, rehabilitation of offenders and managing offender behaviour.