What the Magistrate Sees Before You Speak

Walk into a busy Magistrates’ Court and, for a moment, imagine you are the magistrate.

‍

There may be many cases to deal with that day. Every case is different. Every person is different. The magistrate has to work out what happened, what the law says, and what should happen next.

‍

The magistrate does not know your life just by looking at you. A case should not be decided because someone wears a suit, speaks well or has family sitting behind them. What matters is the law and the information put before the court.

‍

But magistrates are people too. They notice things.

‍

Before your lawyer starts speaking, the magistrate may already have seen you come into court. They may notice whether you are paying attention, whether you stand when you are asked to, and how you react while your case is being discussed.

‍

That does not mean the magistrate should guess what you are thinking from the way you look. People act differently when they are scared or under stress. Some people avoid eye contact. Some have a disability or health problem. Some have never been in court before and simply do not know what to do.

‍

Still, you can make things easier for yourself by being calm, listening and treating the court with respect.

‍

Many years ago I did a presentation skills course with a company then called rogenSi. One lesson stayed with me: communication is not only about words. People also notice your voice, your pace, your face, your body language and even your silence.

‍

That applies in court.

‍

Suppose you have pleaded guilty and your lawyer is telling the magistrate about you. While your lawyer is speaking, you have not disappeared. The magistrate can still see you.

‍

If the prosecutor says something you do not like, what do you do? Do you shake your head, whisper angrily to the person next to you or roll your eyes? Or do you listen and let your lawyer deal with it?

‍

Do not put on an act. There is no need to pretend to be someone you are not. Just remember that what you do in court will be noticed.

‍

The people who support you may also matter. Having family or friends sitting behind you does not prove anything by itself. But real support can be important. Perhaps you have somewhere stable to live. Perhaps someone is helping you stay away from drugs or alcohol. Perhaps you have work, counselling, treatment or family members helping you get your life back on track.

‍

Make sure your lawyer knows about those things. If there are letters or other documents that prove them, ask your lawyer whether they should be shown to the court.

‍

The magistrate may be trying to understand two stories at the same time.

‍

The first is the story of the offence. What happened? How serious was it? Was anyone hurt? What part did you play?

‍

The second is your story. Who are you? What was happening in your life? What have you done since the offence? What help do you have? What are you doing to make sure you do not come back to court?

‍

Your lawyer cannot tell that second story properly if you have not given them the information.

‍

So help your lawyer. Tell them about your work, housing, family, treatment, health or other important parts of your life. Tell them about the people who are helping you. If you have done something positive since the offence, tell them and, where possible, provide proof.

‍

Do not assume the magistrate already knows. They may have known your name for only a short time.

‍

There is another simple lesson from presentation training: listen. If the magistrate asks you a question, listen carefully. If your lawyer is speaking for you, let the lawyer speak. If you do not understand something, tell your lawyer.

‍

Sometimes saying less is better than saying more.

‍

You do not need an expensive suit. You do not need fancy words. You do not need to pretend to be someone else.

‍

Turn up. Be on time. Pay attention. Listen. Be respectful. Give your lawyer the information they need to explain your situation.

‍

And remember: even when you are not saying anything, you may still be communicating.