Magistrates Court

If you are called as a witness in a magistrate's case it may mean that you:

• are a party to the case

• have seen or heard something in connection with the case

• have information about someone who is a party to the case.

There may be other witnesses in court as well as you. There is an agency called victim support which can help you and arrange for you to visit the court before the hearing date.

How do I get to court?

The courthouse is located on Deemsters Walk, just off Bucks Road.  

What do I do when I get to court?

If you are a witness, you will be asked to come to the court either by the prosecution or the defence. The side that has asked you to be a witness will tell you the time and date of the hearing.

Please arrive at the court on time and, if possible, earlier than the time on the sheet.

When you arrive at the courthouse you will have to pass through security.

You should then report to the courthouse reception. The receptionist will tell you which courtroom your case is in and where to wait.

The prosecution and defence advocates may each have booked a witness room. If a room has been booked you will be directed to one of these, and must wait in there until you are called to give your evidence.

Please do not leave the court until you are told that you are released. If you do have an important reason i.e. child care issues that mean you need to leave the court early, please tell the court usher before the case starts. 

Who will be in the court?

In the courtroom there will be:

• the Magistrates

• the defendant

• advocates for the prosecution and the defence

• the clerk to the justices

• the court usher

• any members of the public in the public gallery

• any media reporters (newspapers, radio, etc). 

How should I behave in court?

Please switch off or silence your mobile phone before coming into the courtroom. Items such as video cameras, tape recorders, radios or other electronic equipment are not allowed in the courtroom.

As this court is an "open court", you must stand while addressing the judge or if they are addressing you. If you wish to be seated in the witness box rather than standing you may be able to gain the permission from the judge to do so depending on your reasons. When you are standing, do not fold your arms across your chest or put your hands in your pockets. You must be polite at all times, never shout or use vulgar expressions or interrupt someone else while they are speaking. You must remain calm, everyone will get their turn to speak. Do not interrupt the judge, be aware if you are rude to the judge you may be charged with contempt of court.

If you wish to hand any documents to the judge you must ask for permission. You must then hand them to the court clerk or usher who will then pass them to the judge. 

What do I call the judge?

The Magistrates are Judicial Officers, and are addressed as "Sir" or "Ma'am". 

What will I have to do in court?

You will be asked by the court to say what you saw/heard so that the court can build up a picture of what happened and reach a decision.

When you are asked to give your evidence, the court usher will bring you into the courtroom and ask you to stand in the witness box.

You must be sworn in before you give your evidence. To do this, you will be asked to take the oath, which you can take on a Holy book of your religion, or you can affirm (promise) to tell the truth. The court usher will usually check with you before you go in which one you want to do. If you have any problems reading the oath or affirmation card, the court usher will read it to you for you to repeat.

You will then be asked a series of questions by the party, or the advocate, who has asked you to be a witness on their behalf. Once they have finished then the other advocate will also ask you a series of questions. This is called cross-examination.

The first party will then have an opportunity to ask you a series of questions. This is called re-examination. Finally the Magistrates will ask you any questions they wish to

When you have finished giving your evidence you will be told by the Magistrates that you can be excused and you can either leave the court or sit in the public gallery until the court session is finished.

Please be aware that, under section 27(4) of the High Court Act 1991, all court proceedings are digitally recorded. For further information please refer to our In-Court Technology section.

You will attend a Magistrates Court if have received a summons or a charge sheet, which tells you what you are accused of, as well as the time and date you must turn up to court on. 

What should I do before coming to court?

When you arrive at the courthouse you will have to pass through security. There are a number of items which are not allowed in the courthouse.

Once you and your advocate have arrived, you should go to the main reception. The receptionist will tell you which courtroom your case is in and where to wait.

You may wish to see the duty advocate. There is a qualified advocate on hand to talk to you and is free of charge. You can only see the duty advocate if you are being prosecuted as an individual and not a company. You should tell the court usher if you wish to speak to the duty advocate. If you have your own advocate and wish to see them, you should let the court usher know and they will arrange for you to see him/her.

When it is time for your case to be heard, the court usher will call your name. You will be shown to the dock by the dock officer, where you will remain while the Magistrates hears your case.

If you are being prosecuted as a company, you will not be entitled to see the duty advocate and may wish to seek legal advice before coming to court. Alternatively, you may wish to represent the company yourself. 

Who will be in the courtroom?

The Magistrate's Court is an 'open' court, meaning the following may be in court:

• the Magistrates (usually 3)

• you and your advocate if you have one

• the prosecution, either the police or the Attorney General

• any media reporters (newspapers, radio, etc)

• the clerk to the justices

• the court usher

• the dock officer

• any public sitting in the public gallery; and

• any witnesses. 

How should I behave in court?

Please switch off or silence your mobile phone or pager before coming into the courtroom. Items such as video cameras, tape recorders, radios or other electronic equipment are not allowed in the courtroom.

As this court is an "open court", you must stand while addressing the judge or if they are addressing you, unless you are seated in the witness box. When you are standing, do not fold your arms across your chest or put your hands in your pockets. You must be polite at all times, never shout or use vulgar expressions or interrupt someone else while they are speaking. You must remain calm, everyone will get their turn to speak. Do not interrupt the judge, be aware if you are rude to the judge you may be charged with contempt of court.

If you wish to hand any documents to the judge you must ask for permission. You must then hand them to the court clerk or usher, who will then pass them to the judge. 

What do I call the judge?

Magistrates are Judicial Officers and are addressed as "Sir" or "Ma'am". 

What happens in court?

The prosecution and you/or your advocate will set out their arguments. They may also call and question any witnesses that they want to.

When you are asked to give your evidence, you must be sworn in. To do this you will be asked to take the oath on a Holy Book of your religion, or you can affirm(promise) to tell the truth. The court usher will usually check with you before court which you want to do. You must read aloud from the oath or affirmation card. If you have trouble reading the card, the court usher will read it to you, you must repeat what they say.

When the Magistrates have heard all the evidence, they will retire to make their decision. Once they have decided, they will return to the courtroom to hand down their decision, and then decide on any sentence if you have been found guilty. 

What happens after the hearing?

At the end of the hearing, if you are remanded in custody you will be taken straight to prison. If you are granted bail then you will need to sign a new bail bond before you are allowed to leave the courthouse.

If you have appeared in the Attorney General's Court, it will be a financial matter and the Magistrate's will make any order they conclude is appropriate.

Please be aware that, under section 27(4) of the High Court Act 1991, all court proceedings are digitally recorded. For further information please refer to our In-Court Technology section.