Received a Postal Requisition in Your Mailbox? What Should You Do Next?
First things first – what is a postal requisition?
A postal requisition is a legal document informing you that you are being prosecuted for a criminal offence. This document includes the specific date, time, and Magistrates’ Court you must attend. It acts as a court summons, and attendance is mandatory. Failing to appear will result in an arrest warrant being issued.
There are just over 150 Magistrates’ Courts in England and Wales. You will normally be asked to attend the court closest to where you were arrested and/or the police station you were taken to.
Upon receiving a postal requisition, the best advice is to contact a criminal defence solicitor as soon as possible, so they can advise and represent you.
What is a Magistrates’ Court?
A Magistrates’ Court is where your case will first be heard, either by two or three volunteer magistrates (who have no legal experience but are advised by court legal advisers) or by a trained District Judge. All criminal proceedings start at a Magistrates’ Court, regardless of the severity of the offence. This is because the Magistrates’ Court serves as the initial venue for all defendants, allowing magistrates to make initial decisions on bail and where the case should be allocated to.
Types of Criminal Offences
There are three categories of criminal offences, which determine where the case will be heard:
- Summary-only – heard only in the Magistrates’ Court
- Either-way – can be heard in either the Magistrates’ Court or the Crown Court
- Indictable-only – must be heard in the Crown Court
Some either-way offences and all indictable-only offences cannot be fully dealt with in the Magistrates’ Court because magistrates have limited sentencing powers. They can impose a maximum of 12 months’ imprisonment for a single offence, as well as fines, community sentences, and bans.
What will happen in court?
When you attend court, you will be expected to indicate your plea. Before your hearing, once you instruct a criminal defence solicitor, they will review the evidence with you, take your full instructions, and advise you on your plea.
This is why it is important to instruct a solicitor as soon as you receive the summons, to allow sufficient time to prepare your case.
Guilty Plea
If you plead guilty during the hearing, one of three things may happen:
- You will be sentenced during the same hearing, or
- The case may be adjourned for a pre-sentence report (PSR). During the adjournment period, you will meet with a probation officer at a specific date and time. The PSR assists the court in deciding on an appropriate sentence; or
- If your offence is too serious for the Magistrates’ Court to sentence, the case will be committed to the Crown Court for sentencing.
Not Guilty Plea
If you plead not guilty, there are two possible outcomes:
- If the offence is suitable to remain in the Magistrates’ Court, they will set a trial date and adjourn the case until then. During this time, your solicitor will prepare your defence; or
- If the offence is not suitable for the Magistrates’ Court, it will be committed to the Crown Court, where all further proceedings will take place.
Difference between a Magistrates’ Court and a Crown Court
There has long been debate about whether being tried at the Magistrates’ Court is better than at the Crown Court.
In most cases, the Magistrates’ Court sounds more appealing and less intimidating, as the Crown Court is often associated with the most serious offences. However, the Magistrates’ Court is not always the better option.
Yes, the Magistrates’ Court is generally a quicker and more cost-effective option. However, it has its own limitations. Since magistrates are not legally trained, they may lack the depth of legal knowledge and experience that a Crown Court judge possesses.
This can impact decision-making. In simple terms, magistrates may be more rigid and “by the book,” whereas a Crown Court judge has greater flexibility.
Crown Court judges have extensive legal expertise, and while your case will be heard by a jury, the judge plays a key role in guiding the jury and imposing appropriate sentences. The presence of a jury is often considered an advantage, as they are often more compassionate.
Ultimately, the decision on which court you choose to be tried in is yours, unless you have been charged with a summary-only offence.
Contact our Specialist Serious Crime Defence Team
If you require any assistance or are unsure about which court is most suitable for your case, please contact us on 020 7387 2032 or complete our online enquiry form.
Yu Qi Leong is an experienced and talented paralegal working with Fiona Grandy and Tony Meisels in our Serious Crime defence department.