A plea hearing is the hearing at which you tell the court whether you are guilty or not guilty. Where it happens, and what it is called, depends on the type of offence and which court is dealing with it.
In the magistrates' court
Almost every criminal case starts in the magistrates' court, and the first hearing there is where a plea is taken or indicated.
- Summary-only offences, such as most driving offences and minor assaults, are dealt with entirely in the magistrates' court. You plead at the first hearing. A guilty plea usually leads to sentence the same day or after a short adjournment. A not guilty plea leads to a trial date before magistrates or a district judge.
- Either-way offences, such as theft, many assaults and most drug offences, can be tried in either court. At the first hearing you are asked to indicate a plea. This is called plea before venue. If you indicate guilty the magistrates decide whether to sentence you themselves or send you to the Crown Court for sentence. If you indicate not guilty the court decides where the trial should be, a step called allocation, and you can choose Crown Court trial by jury if the magistrates keep the case.
- Indictable-only offences, such as robbery, rape and serious wounding, must go to the Crown Court. The magistrates' court sends the case straight there without taking a plea, and your plea is taken at the Crown Court PTPH.
In the Crown Court
The plea is taken at the Plea and Trial Preparation Hearing, usually called the PTPH. The charges on the indictment are read out and you answer guilty or not guilty to each. This is known as arraignment. See the separate guide on PTPHs for what else happens at that hearing.
Pleading guilty: credit
The law rewards early guilty pleas with a reduction in sentence, because they save court time and spare witnesses. The sentencing guideline gives the maximum reduction, one third, for a plea indicated at the first opportunity, which usually means the first hearing in the magistrates' court. The reduction falls to a quarter at the PTPH and to around a tenth on the day of trial. This is one of the most important decisions in a criminal case and you should take advice before the hearing, not at it.
Pleading not guilty
You do not have to give reasons. The prosecution must then prove the case at a trial. A not guilty plea can be changed to guilty later, but the credit will be lower.
What if I do not know what to do?
You can ask for the hearing to be adjourned so you can get legal advice, and the court will usually allow one short adjournment for that. The duty solicitor at the magistrates' court can advise at the first hearing. For Crown Court cases legal aid is usually available.
Equivocal pleas and no plea
If you say something like "guilty but I did not mean it", the court cannot accept that as a guilty plea and will treat it as not guilty. If you refuse to plead, a not guilty plea is entered for you.
What the daily list shows
In the magistrates' court the first hearing may be listed simply by your name and case number, or as "first hearing" or "plea". In the Crown Court it appears as "PTPH". Arrive early, bring your court letter and ID, and speak to your advocate before you go in.
This is general information for England and Wales, not legal advice. Speak to a solicitor about your own case.