<P> Whichever the circumstance, the first requirement is to identify him / herself to the Court . Once the Court is satisfied as to the identity of the defendant, it must consider the charges . </P> <P> If the charge (s) is a summary offence, the court will generally expect a plea to be taken . If the plea is one of "not guilty", the Court will fix a date for trial, taking into account the number and availability of the witnesses . </P> <P> In the event of a plea of guilty, the court will hear the facts of the case from the prosecution, and mitigation from the defence then consider sentence . For the most minor offences where the appropriate sentence is a fine or discharge, this will usually follow immediately after a plea of guilty . However, where the offence is more serious and may justify a community - based penalty or imprisonment, the case will usually be adjourned for the probation service to interview the defendant and prepare a pre-sentence report in which a recommendation as to the most appropriate sentence will be made . When the defendant returns to court for sentence, the Bench will consider the report along with any mitigation put forward by the defendant before passing sentence . </P> <P> On each occasion that a defendant appears before the court, the issue of bail must be addressed . Defendants may be released on bail, which is an order of the court compelling a defendant's future attendance, which may have conditions attached to it where such conditions are considered necessary either to ensure the defendant's future attendance, prevent the commission of further offences, or prevent the obstruction of justice . If the Court decides that no conditions exist which could achieve these objectives, the court may remand the defendant in custody until the next hearing . </P>

Who decides the sentence in a magistrates court