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Acquital (1)
What Happens When You Plead Guilty
Pleading guilty means you accept responsibility for the offence. There’s no trial—your case moves straight to sentencing. That might be a fine, community order, or imprisonment depending on the offence’s seriousness.
The big trade-off:
- Sentence reduction. You could get up to one-third off your sentence for an early guilty plea. The earlier it is entered, the bigger the discount. If you plead guilty only on the day of trial, reductions are as low as 10%.
- Practical relief. Especially if you’re on remand, a guilty plea can mean immediate release based on time served. That has become more common as court delays force people to spend much longer behind bars unnecessarily.
But rushing to plead guilty can have deep consequences—emotionally, legally, and ethically.
What Happens When You Plead Not Guilty
Pleading not guilty means your case will go to trial, and the court must find you guilty beyond reasonable doubt.
The benefits:
- Defending your innocence. If there’s a chance you didn’t commit the offence or have a defence, you can challenge evidence and push for acquittal.
The risks:
- If convicted, you may face a harsher sentence than if you had pleaded guilty early, because you lose out on the reduction.
- Court delays and uncertainty. Trials can be pushed back for months or years—delays that damage family life, stability, and mental health.
Real Pressures on the System
Lengthy trials, backlogs, and remand overcrowding have led many people—sometimes even innocent—to plead guilty just to escape prison. Some remand prisoners have been told they will be released immediately if they plead guilty, even if evidence is weak. This creates a system that unwittingly makes guilty pleas seem like the easiest path.
Can You Change Your Plea?
Yes—sometimes.
From Not Guilty to Guilty
Easy enough. You can change your plea to guilty at any point before the verdict. Judges typically allow it, and you may still receive some sentence reduction, depending on timing.
From Guilty to Not Guilty
This is harder—but possible in certain circumstances:
- The court has judicial discretion to allow a plea withdrawal before sentencing, especially if:
- The plea was equivocal (uncertain, e.g., “Guilty, but…”)
- You can point to undue pressure or poor legal advice at the time
- There’s a serious procedural unfairness or new evidence emerges
However, the court treats such requests cautiously. The application must be made promptly and in writing, clearly explaining why keeping the guilty plea would be unjust. You’ll need legal support to make a strong case.
Compare Your Options
| Plea | What It Means | Benefits | Risks |
|---|---|---|---|
| Guilty | Admit offence, go to sentencing | Sentence reduction; quicker release / lower punishment if not prison | Permanent record; loss of trial chance; emotional burden |
| Not Guilty | Contest the case, proceed to trial | Chance of acquittal; defend rights | Heavier sentence if convicted; long waits; uncertainty |
| Change Plea | Switch decisions based on counsel/advice | Flexibility if early | Hard to reverse plea; may need court’s say-so |
Choosing your plea is one of the most serious decisions you’ll make in the process. It affects your freedom, your record, and your mental wellbeing—and indirectly affects your family and supporters too. You don’t have to face it alone. Getting specialist legal advice early is vital—they can help you understand your odds, the evidence, and what life on remand could look like while you’re waiting.
Barristers (4)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Legal Aid vs Private Solicitors: Pros, Cons & Pitfalls
Legal Aid: What You Need to Know
What it covers: Legal aid in criminal cases is intended to ensure that people who can’t afford representation still have access to legal advice and defence—crucial under Article 6 of the ECHR, which guarantees a fair trial.
It’s administered by the Legal Aid Agency (LAA), and can cover work by both solicitors and barristers.
Qualification is based on two tests:
- Interests of Justice (IoJ) — ensures legal aid is available if your case could result in a custodial sentence, is serious, or other factors that mean fair representation is needed.
- Means Test — based on your income, capital, and household circumstances. The figures differ depending on whether it’s Magistrates’ Court or Crown Court.
Quick thresholds:
- Magistrates’ Court: Your gross income must usually be under £22,325. If your disposable income (after allowable deductions) is under £3,398, you qualify. Above that, you may have to pay for your defence yourself, unless you pass a hardship review.
- Crown Court: Broadly, if your disposable annual income is under £37,500, you remain eligible. If it’s very low, you won’t have to contribute at all.
Passporting benefits: You automatically get legal aid if you’re under 18 or on certain benefits like Universal Credit, Income Support, JSA, ESA, or Pension Guarantee Credit.
Pros of Legal Aid:
- Low or no cost for those eligible.
- Access to trained and accredited solicitors and counsel.
- Formal funding structure and standards in place.
Cons:
- Strict eligibility— some are excluded due to financial cut-offs especially in the magistrates court.
- The means test hasn’t kept pace with inflation, cutting more people off.
- Fewer legal aid providers in some areas, and low fees can drive lawyers away from taking cases.
Private Solicitors: What to Consider
Pros of hiring privately:
- More solicitor choice and flexibility.
- Often more time and tailored attention, especially for complex cases.
Cons to watch out for:
- Cost can be very high—some private criminal defence can cost thousands.
- Without proper checks, poor service or overcharging is possible. There was the Glanville Davies case, where a solicitor was fined thousands for inflated fees and misconduct.
How Legal Aid Actually Works — In Practice
- The LAA processes most criminal legal aid applications within 2 days.
- During the application, your income, savings, savings from benefits, you and your partner’s situation, plus any children or dependents, are factored in.
- If you don’t qualify, you can request a hardship review—they may reconsider based on essential expenses or costs of the case.
- Certain areas, like advice at the police station or child protection cases, may be non-means tested—meaning legal aid is available regardless of income.
Spotting a Poor or Ineffective Solicitor
Your solicitor should help you feel informed, stretched if needed, and confident. But poor representation can mean actual consequences—even wrongful convictions.
Signs of inadequate representation:
- Poor preparation or missing key witnesses (e.g., a solicitor failing to instruct a crucial alibi witness led to a CCRC referral and overturned conviction).
- Late notice to counsel, insufficient pre-trial work, or failure to review police evidence properly.
- If a solicitor ignores core issues or doesn’t explain your options.
Legally, to overturn a conviction, you must prove:
- The performance was deficient (seriously below standard), and
- This directly caused a miscarriage of justice.
It’s rare for poor representation alone to succeed as a ground for appeal unless it fundamentally undermined the trial’s fairness
If you need some help identifying solicitors that can help then contact us below.
What Happens When You Plead Guilty
Pleading guilty means you accept responsibility for the offence. There’s no trial—your case moves straight to sentencing. That might be a fine, community order, or imprisonment depending on the offence’s seriousness.
The big trade-off:
- Sentence reduction. You could get up to one-third off your sentence for an early guilty plea. The earlier it is entered, the bigger the discount. If you plead guilty only on the day of trial, reductions are as low as 10%.
- Practical relief. Especially if you’re on remand, a guilty plea can mean immediate release based on time served. That has become more common as court delays force people to spend much longer behind bars unnecessarily.
But rushing to plead guilty can have deep consequences—emotionally, legally, and ethically.
What Happens When You Plead Not Guilty
Pleading not guilty means your case will go to trial, and the court must find you guilty beyond reasonable doubt.
The benefits:
- Defending your innocence. If there’s a chance you didn’t commit the offence or have a defence, you can challenge evidence and push for acquittal.
The risks:
- If convicted, you may face a harsher sentence than if you had pleaded guilty early, because you lose out on the reduction.
- Court delays and uncertainty. Trials can be pushed back for months or years—delays that damage family life, stability, and mental health.
Real Pressures on the System
Lengthy trials, backlogs, and remand overcrowding have led many people—sometimes even innocent—to plead guilty just to escape prison. Some remand prisoners have been told they will be released immediately if they plead guilty, even if evidence is weak. This creates a system that unwittingly makes guilty pleas seem like the easiest path.
Can You Change Your Plea?
Yes—sometimes.
From Not Guilty to Guilty
Easy enough. You can change your plea to guilty at any point before the verdict. Judges typically allow it, and you may still receive some sentence reduction, depending on timing.
From Guilty to Not Guilty
This is harder—but possible in certain circumstances:
- The court has judicial discretion to allow a plea withdrawal before sentencing, especially if:
- The plea was equivocal (uncertain, e.g., “Guilty, but…”)
- You can point to undue pressure or poor legal advice at the time
- There’s a serious procedural unfairness or new evidence emerges
However, the court treats such requests cautiously. The application must be made promptly and in writing, clearly explaining why keeping the guilty plea would be unjust. You’ll need legal support to make a strong case.
Compare Your Options
| Plea | What It Means | Benefits | Risks |
|---|---|---|---|
| Guilty | Admit offence, go to sentencing | Sentence reduction; quicker release / lower punishment if not prison | Permanent record; loss of trial chance; emotional burden |
| Not Guilty | Contest the case, proceed to trial | Chance of acquittal; defend rights | Heavier sentence if convicted; long waits; uncertainty |
| Change Plea | Switch decisions based on counsel/advice | Flexibility if early | Hard to reverse plea; may need court’s say-so |
Choosing your plea is one of the most serious decisions you’ll make in the process. It affects your freedom, your record, and your mental wellbeing—and indirectly affects your family and supporters too. You don’t have to face it alone. Getting specialist legal advice early is vital—they can help you understand your odds, the evidence, and what life on remand could look like while you’re waiting.
Why Preparation Matters
Facing trial is daunting. It can feel like your whole life is on hold while everyone else decides what happens next. While your legal team handles the paperwork, evidence, and arguments, there’s still plenty you can do to stay informed, organised, and ready.
Preparation isn’t about replacing your solicitor — it’s about making sure you understand what’s happening, know what’s coming next, and can support your defence in the best way possible.
Understanding What’s Ahead
Your trial will follow a structure, and knowing the basics helps reduce some of the fear:
- The prosecution will present their case first.
- Your defence team will challenge their evidence and present yours.
- Witnesses may be called and cross-examined.
- The magistrates or jury will decide if you’re guilty or not guilty.
Your solicitor or barrister will explain the details relevant to your case, but having a rough idea of the process can make things less overwhelming.
What You Can Do to Prepare
1. Stay Organised
- Keep every document you receive — charge sheets, bail conditions, letters from your solicitor or the court.
- Use a simple folder or binder and keep copies of everything in order.
- Make a note of important dates, deadlines, and hearing times.
Even small slips — like missing a court date — can cause serious problems, so staying organised really helps.
2. Be Honest and Thorough with Your Legal Team
Your solicitor can only build a strong defence if they know everything. Even if something feels embarrassing, irrelevant, or damaging, tell them. Surprises in court rarely go well, and your team can’t defend what they don’t know about.
3. Think About Witnesses and Evidence
You don’t have to collect statements or prepare bundles — your legal team will handle that — but you can:
- Make a list of anyone who was there, saw, or heard something relevant.
- Pass on names, phone numbers, and what they might know to your solicitor.
- Flag any texts, emails, or social media messages you think matter. Don’t delete anything.
Your job isn’t to analyse evidence; it’s to make sure your solicitor has all the information they need.
4. Prepare Yourself Mentally
Trials can be draining. The process is slow, the days are long, and you’ll likely hear things said about you that are upsetting or unfair.
- Get plenty of rest beforehand if you can.
- Bring water and snacks if allowed — trials can run all day.
- Have someone you trust to talk to afterwards — family, friends, or a support group.
- Consider accessing mental health support; the stress of waiting can take a real toll.
5. Support Your Family and Let Them Support You
If you have children, a partner, or family relying on you, talk to them early about what’s coming. Trials affect everyone — not just the defendant — and having a plan for childcare, bills, and emotional support can make a big difference.
Common Worries — And What to Do About Them
“I feel like I’m not getting updates.”
It’s okay to check in with your solicitor and ask for a clear breakdown of where things stand.
“I don’t understand what’s happening in court.”
Ask your legal team to explain things in plain English. They’re used to jargon — you’re not.
“I’m worried about what to say if I’m called to give evidence.”
Your solicitor or barrister will explain exactly what’s expected and prepare you before you step into the witness box.
Quick Checklist for Defendants
- Keep all paperwork safe and organised.
- Share every detail and document with your solicitor.
- Write down witness names and pass them on — don’t contact witnesses yourself.
- Note down all court dates and deadlines.
- Prepare emotionally — trials can be long and stressful.
- Talk openly with family and supporters.
- Ask questions until you understand what’s happening.
Case Preperation (7)
Post‑Arrest Procedures
Explore what happens after arrest, including interviews, charges, and court appearances.
1. Arrival at the Police Station & Custody
Once you’re arrested, you’ll be taken to a police station. There, a custody officer assesses whether there’s enough evidence to charge you or whether you should be held any longer. Right from the start, you must be informed of your rights—including the right to inform someone you’re being held and to consult a solicitor—and these must be recorded in your custody documents.
2. Interview & Right to Legal Advice
Interviews are governed by PACE Code C, which protects your right to legal advice before questioning. You must be cautioned, and your solicitor (or duty solicitor) should be present. If you’re a child or vulnerable, an appropriate adult must also be involved.
3. Length of Detention
From the moment you’re arrested or arrive at the station—whichever is earlier—the clock starts ticking on how long police can lawfully detain you without charging. The basic limit is 24 hours, but extensions are possible up to 36 or 96 hours, depending on the severity of the offence and authorisation level.
4. Decision: Charge, No Further Action & Other Outcomes
After interviews and investigation, one of several things can happen:
- No Further Action (NFA): If there’s insufficient evidence, the police may release you without charge and take no further action.
- Charge: You may be formally charged, in which case you’ll be classified as a defendant.
- Alternative Outcomes: Sometimes, you might be offered a caution, fixed penalty, or diversion, depending on the offence and circumstances.
5. After Charging: Court Appearance
If you’re charged, the police will let you know whether you’ll be released with bail or held in custody until you’re brought before a court.
Your first court hearing will always be at Magistrates’ Court, even if the case is later transferred to Crown Court for serious matters.
6. Magistrates’ Court: What Happens Next
At the first appearance in Magistrates’ Court, the court will:
- Confirm your identity and the charges;
- Ask if you plead guilty or not guilty;
- Decide whether you should be released on bail, remanded in custody, or proceed under conditional release.
If the case is serious enough, it may stay in or transfer to Crown Court. For less serious matters, the court may deal with or conclude the case itself.
Understand the differences between bail, police bail, and Release Under Investigation (RUI).
Police Bail (Pre‑Charge Bail)
Also known as pre-charge bail, this is used when the police have arrested someone but aren’t ready to charge them yet. Instead of keeping you in custody, they release you with requirements, such as returning to the station or sticking to certain conditions.
Under PACE and updated by the Police, Crime, Sentencing and Courts Act 2022, these bail periods can now last up to nine months—initially up to three months, then extendable twice by three months each. If more time is needed after nine months, the police must go to court for approval.
Conditions might include:
- Reporting regularly to a police station
- Staying away from certain individuals or locations
- Not interfering with evidence or witnesses.
If you fail to comply with the conditions, it’s not automatically a criminal offence—but you can be re-arrested and potentially denied bail in future.
Release Under Investigation (RUI)
Released Under Investigation, or RUI, means you’re allowed to go home without any conditions and without a set date to return. The police may still be investigating, but there’s no formal timeline.
This became more common after 2017 reforms that limited the use of bail, although those changes caused frustration because:
- There’s no time limit or oversight on how long it lasts.
- There are no conditions, so nothing stops you from contacting people involved—though you should seek advice before doing so.
- It leaves both the suspect and the alleged victim in limbo, sometimes for months or even longer.
The Police Crime Sentencing and Courts Act 2022 aimed to correct this by encouraging more use of bail (when necessary and proportionate), to provide more oversight and structure.
Post-Charge Bail (Court Bail)
Once you’ve been formally charged, you can be released on bail by the court. This might be for your first hearing or while awaiting trial. Conditions can still apply, and you must appear in court on the set date.
Summary Table
| Situation | What It Means | Timeframe & Conditions |
|---|---|---|
| Police Bail (Pre-Charge) | Released from custody but with conditions | Up to 9 months, conditions applied. After 9 Month to extend police must apply to the courts |
| Release Under Investigation (RUI) | Released without conditions or time limits | No time limits, no conditions; can feel indefinite |
| Charged/Bailed To Court | Released after charge and given a date to attend court. This can be with or without bail conditions. | To attend court on the date the custody officer tells you at point of release. |
Final Thoughts
- Police Bail gives structure and oversight, particularly useful when conditions are necessary.
- RUI avoids restrictions—but can leave you stuck without answers or guidance.
- Charged/Bailed To Court – ensures you avoid unnecessary custody while waiting for your hearing.
If you’re unsure what your status means, or what to do next, getting legal advice early is always a wise move.
Legal Aid vs Private Solicitors: Pros, Cons & Pitfalls
Legal Aid: What You Need to Know
What it covers: Legal aid in criminal cases is intended to ensure that people who can’t afford representation still have access to legal advice and defence—crucial under Article 6 of the ECHR, which guarantees a fair trial.
It’s administered by the Legal Aid Agency (LAA), and can cover work by both solicitors and barristers.
Qualification is based on two tests:
- Interests of Justice (IoJ) — ensures legal aid is available if your case could result in a custodial sentence, is serious, or other factors that mean fair representation is needed.
- Means Test — based on your income, capital, and household circumstances. The figures differ depending on whether it’s Magistrates’ Court or Crown Court.
Quick thresholds:
- Magistrates’ Court: Your gross income must usually be under £22,325. If your disposable income (after allowable deductions) is under £3,398, you qualify. Above that, you may have to pay for your defence yourself, unless you pass a hardship review.
- Crown Court: Broadly, if your disposable annual income is under £37,500, you remain eligible. If it’s very low, you won’t have to contribute at all.
Passporting benefits: You automatically get legal aid if you’re under 18 or on certain benefits like Universal Credit, Income Support, JSA, ESA, or Pension Guarantee Credit.
Pros of Legal Aid:
- Low or no cost for those eligible.
- Access to trained and accredited solicitors and counsel.
- Formal funding structure and standards in place.
Cons:
- Strict eligibility— some are excluded due to financial cut-offs especially in the magistrates court.
- The means test hasn’t kept pace with inflation, cutting more people off.
- Fewer legal aid providers in some areas, and low fees can drive lawyers away from taking cases.
Private Solicitors: What to Consider
Pros of hiring privately:
- More solicitor choice and flexibility.
- Often more time and tailored attention, especially for complex cases.
Cons to watch out for:
- Cost can be very high—some private criminal defence can cost thousands.
- Without proper checks, poor service or overcharging is possible. There was the Glanville Davies case, where a solicitor was fined thousands for inflated fees and misconduct.
How Legal Aid Actually Works — In Practice
- The LAA processes most criminal legal aid applications within 2 days.
- During the application, your income, savings, savings from benefits, you and your partner’s situation, plus any children or dependents, are factored in.
- If you don’t qualify, you can request a hardship review—they may reconsider based on essential expenses or costs of the case.
- Certain areas, like advice at the police station or child protection cases, may be non-means tested—meaning legal aid is available regardless of income.
Spotting a Poor or Ineffective Solicitor
Your solicitor should help you feel informed, stretched if needed, and confident. But poor representation can mean actual consequences—even wrongful convictions.
Signs of inadequate representation:
- Poor preparation or missing key witnesses (e.g., a solicitor failing to instruct a crucial alibi witness led to a CCRC referral and overturned conviction).
- Late notice to counsel, insufficient pre-trial work, or failure to review police evidence properly.
- If a solicitor ignores core issues or doesn’t explain your options.
Legally, to overturn a conviction, you must prove:
- The performance was deficient (seriously below standard), and
- This directly caused a miscarriage of justice.
It’s rare for poor representation alone to succeed as a ground for appeal unless it fundamentally undermined the trial’s fairness
If you need some help identifying solicitors that can help then contact us below.
What Happens When You Plead Guilty
Pleading guilty means you accept responsibility for the offence. There’s no trial—your case moves straight to sentencing. That might be a fine, community order, or imprisonment depending on the offence’s seriousness.
The big trade-off:
- Sentence reduction. You could get up to one-third off your sentence for an early guilty plea. The earlier it is entered, the bigger the discount. If you plead guilty only on the day of trial, reductions are as low as 10%.
- Practical relief. Especially if you’re on remand, a guilty plea can mean immediate release based on time served. That has become more common as court delays force people to spend much longer behind bars unnecessarily.
But rushing to plead guilty can have deep consequences—emotionally, legally, and ethically.
What Happens When You Plead Not Guilty
Pleading not guilty means your case will go to trial, and the court must find you guilty beyond reasonable doubt.
The benefits:
- Defending your innocence. If there’s a chance you didn’t commit the offence or have a defence, you can challenge evidence and push for acquittal.
The risks:
- If convicted, you may face a harsher sentence than if you had pleaded guilty early, because you lose out on the reduction.
- Court delays and uncertainty. Trials can be pushed back for months or years—delays that damage family life, stability, and mental health.
Real Pressures on the System
Lengthy trials, backlogs, and remand overcrowding have led many people—sometimes even innocent—to plead guilty just to escape prison. Some remand prisoners have been told they will be released immediately if they plead guilty, even if evidence is weak. This creates a system that unwittingly makes guilty pleas seem like the easiest path.
Can You Change Your Plea?
Yes—sometimes.
From Not Guilty to Guilty
Easy enough. You can change your plea to guilty at any point before the verdict. Judges typically allow it, and you may still receive some sentence reduction, depending on timing.
From Guilty to Not Guilty
This is harder—but possible in certain circumstances:
- The court has judicial discretion to allow a plea withdrawal before sentencing, especially if:
- The plea was equivocal (uncertain, e.g., “Guilty, but…”)
- You can point to undue pressure or poor legal advice at the time
- There’s a serious procedural unfairness or new evidence emerges
However, the court treats such requests cautiously. The application must be made promptly and in writing, clearly explaining why keeping the guilty plea would be unjust. You’ll need legal support to make a strong case.
Compare Your Options
| Plea | What It Means | Benefits | Risks |
|---|---|---|---|
| Guilty | Admit offence, go to sentencing | Sentence reduction; quicker release / lower punishment if not prison | Permanent record; loss of trial chance; emotional burden |
| Not Guilty | Contest the case, proceed to trial | Chance of acquittal; defend rights | Heavier sentence if convicted; long waits; uncertainty |
| Change Plea | Switch decisions based on counsel/advice | Flexibility if early | Hard to reverse plea; may need court’s say-so |
Choosing your plea is one of the most serious decisions you’ll make in the process. It affects your freedom, your record, and your mental wellbeing—and indirectly affects your family and supporters too. You don’t have to face it alone. Getting specialist legal advice early is vital—they can help you understand your odds, the evidence, and what life on remand could look like while you’re waiting.
Addressing False Allegations Being accused of something you didn’t do can turn your world upside down. Even if you’re later cleared, the stress, uncertainty, and damage to your reputation can linger long after the legal process ends. It’s an incredibly isolating experience — but you are not alone, and there are practical steps you can take to protect yourself, rebuild trust, and move forward. Understanding the Process When a false allegation is made, the police have a legal duty to investigate. That can mean arrest, interview, and potentially even charges, even when the evidence seems weak. It can be frightening and frustrating, especially if you know you’ve done nothing wrong. Throughout this stage, it’s crucial to: Get proper legal advice early — ideally from a solicitor experienced in these kinds of cases Keep a clear, accurate timeline of events, messages, and evidence Avoid direct contact with the complainant, as this can complicate matters False allegations cases can drag on for months, sometimes years, and the uncertainty is often the hardest part. Knowing your rights and working closely with your legal team can help you navigate the process more confidently. What Happens if You’re NFA’d or Acquitted An NFA (No Further Action) decision or an acquittal at trial should bring closure, but many find that life doesn’t simply return to “normal.” People may still have doubts. Rumours may linger. Employers, schools, or community groups may still need reassurance. This can be painful, but there are steps you can take: Ask the police for written confirmation of the NFA or acquittal — this can help with employment or housing issues Consider requesting your custody records or full case file to keep for future reference Focus on rebuilding your personal and professional reputation gradually, starting with people you trust Reporting a False Allegation It’s natural to want justice if you’ve been wrongly accused, but it’s important to understand that prosecutions for making false allegations are rare. The CPS is cautious about pursuing these cases because of concerns about discouraging genuine victims from coming forward. To succeed, there usually needs to be clear evidence that the allegation was knowingly false — not just mistaken, exaggerated, or unsupported. If you want to explore this route, speak to your solicitor first. They can advise on the chances of success and whether a formal complaint to the police or the Independent Office for Police Conduct (IOPC) might be appropriate. Rebuilding Trust and Moving Forward Whether or not the system gives you the outcome you hoped for, the work of rebuilding often falls on you and those closest to you. That might mean repairing relationships, focusing on your mental health, and connecting with people who understand what you’ve been through. Trusted friends, family, and peer-support spaces — like those linked through the CJS Hub — can be invaluable here. Rebuilding takes time, but it is possible. False allegations can feel devastating, but they don’t have to define the rest of your life. By understanding the process, seeking the right support, and taking steps to restore your confidence and reputation, you can start moving forward again. If you need help navigating your next steps, the CJS Hub is here with resources, guides, and connections to specialist services.
Why Preparation Matters
Facing trial is daunting. It can feel like your whole life is on hold while everyone else decides what happens next. While your legal team handles the paperwork, evidence, and arguments, there’s still plenty you can do to stay informed, organised, and ready.
Preparation isn’t about replacing your solicitor — it’s about making sure you understand what’s happening, know what’s coming next, and can support your defence in the best way possible.
Understanding What’s Ahead
Your trial will follow a structure, and knowing the basics helps reduce some of the fear:
- The prosecution will present their case first.
- Your defence team will challenge their evidence and present yours.
- Witnesses may be called and cross-examined.
- The magistrates or jury will decide if you’re guilty or not guilty.
Your solicitor or barrister will explain the details relevant to your case, but having a rough idea of the process can make things less overwhelming.
What You Can Do to Prepare
1. Stay Organised
- Keep every document you receive — charge sheets, bail conditions, letters from your solicitor or the court.
- Use a simple folder or binder and keep copies of everything in order.
- Make a note of important dates, deadlines, and hearing times.
Even small slips — like missing a court date — can cause serious problems, so staying organised really helps.
2. Be Honest and Thorough with Your Legal Team
Your solicitor can only build a strong defence if they know everything. Even if something feels embarrassing, irrelevant, or damaging, tell them. Surprises in court rarely go well, and your team can’t defend what they don’t know about.
3. Think About Witnesses and Evidence
You don’t have to collect statements or prepare bundles — your legal team will handle that — but you can:
- Make a list of anyone who was there, saw, or heard something relevant.
- Pass on names, phone numbers, and what they might know to your solicitor.
- Flag any texts, emails, or social media messages you think matter. Don’t delete anything.
Your job isn’t to analyse evidence; it’s to make sure your solicitor has all the information they need.
4. Prepare Yourself Mentally
Trials can be draining. The process is slow, the days are long, and you’ll likely hear things said about you that are upsetting or unfair.
- Get plenty of rest beforehand if you can.
- Bring water and snacks if allowed — trials can run all day.
- Have someone you trust to talk to afterwards — family, friends, or a support group.
- Consider accessing mental health support; the stress of waiting can take a real toll.
5. Support Your Family and Let Them Support You
If you have children, a partner, or family relying on you, talk to them early about what’s coming. Trials affect everyone — not just the defendant — and having a plan for childcare, bills, and emotional support can make a big difference.
Common Worries — And What to Do About Them
“I feel like I’m not getting updates.”
It’s okay to check in with your solicitor and ask for a clear breakdown of where things stand.
“I don’t understand what’s happening in court.”
Ask your legal team to explain things in plain English. They’re used to jargon — you’re not.
“I’m worried about what to say if I’m called to give evidence.”
Your solicitor or barrister will explain exactly what’s expected and prepare you before you step into the witness box.
Quick Checklist for Defendants
- Keep all paperwork safe and organised.
- Share every detail and document with your solicitor.
- Write down witness names and pass them on — don’t contact witnesses yourself.
- Note down all court dates and deadlines.
- Prepare emotionally — trials can be long and stressful.
- Talk openly with family and supporters.
- Ask questions until you understand what’s happening.
Understanding Your Charges
How Charges Are Issued
When the police or prosecutors decide there’s enough evidence, a formal charge can be issued in one of three ways:
- Custody Charge
If the police have you in custody, a Custody Officer decides whether there’s enough evidence to press charges. If so, you’ll be charged and either released—possibly on police bail or “Released Under Investigation (RUI)”—or kept in custody until your court appearance. Detention must be reviewed regularly and can last up to 96 hours in most cases. - Postal Requisition (Postal Charge)
If you’re not arrested, a Postal Requisition (also called a postal charge) may be sent—especially if you were interviewed under caution or released under investigation. It’s a legal document telling you to appear at a Magistrates’ Court on a specified date. Never ignore one—failing to attend can lead to an arrest warrant. - Court Charge—Typically via Solicitor or CPS
In some cases, particularly more serious ones, the Crown Prosecution Service (CPS) steps in. Prosecutors apply a full test: (1) is there a realistic prospect of conviction, and (2) is prosecution in the public interest? If not, they may decline to charge or offer an alternative, like a caution.
Once the decision to charge is made, the CPS or police sets your first court date—within days or weeks, depending on how serious the case is and whether you’re in custody or on bail.
Reading the Charge Sheet
A charge sheet is the document that officially records what you’re being accused of. It should clearly state:
- The offence(s) you’re charged with,
- Where and when the alleged offence happened,
- What laws you’re accused of breaking.
This is your first real window into what you’re facing.
Take it seriously—get legal advice, check the details, and clarify anything you don’t understand.
What Happens Next—and Who You’ll See First
All criminal cases in England and Wales start in the Magistrates’ Court, even if they eventually go to Crown Court. If it’s a minor offence, the trial may stay here. If it’s more serious—or deemed too complex—the Magistrates will send it up to Crown Court.
Wikipedia
At your first hearing, called a Plea and Trial Preparation Hearing (PTPH), the court clerk will read your charges out loud (called an “indictment”) and ask whether you plead guilty or not guilty.
cps.gov.uk
What You Can Do Next
- Understand the type of charge—custody, postal, or court-based—and whether it means you’re already in custody or not.
- Read the charge sheet carefully. It defines the case.
- Know where your case starts—most will begin in Magistrates’ Court.
- Seek legal help early. It makes a real difference to how your case is handled.
- Don’t ignore any notifications—especially postal charges.
Community Sentences (1)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Court (10)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Post‑Arrest Procedures
Explore what happens after arrest, including interviews, charges, and court appearances.
1. Arrival at the Police Station & Custody
Once you’re arrested, you’ll be taken to a police station. There, a custody officer assesses whether there’s enough evidence to charge you or whether you should be held any longer. Right from the start, you must be informed of your rights—including the right to inform someone you’re being held and to consult a solicitor—and these must be recorded in your custody documents.
2. Interview & Right to Legal Advice
Interviews are governed by PACE Code C, which protects your right to legal advice before questioning. You must be cautioned, and your solicitor (or duty solicitor) should be present. If you’re a child or vulnerable, an appropriate adult must also be involved.
3. Length of Detention
From the moment you’re arrested or arrive at the station—whichever is earlier—the clock starts ticking on how long police can lawfully detain you without charging. The basic limit is 24 hours, but extensions are possible up to 36 or 96 hours, depending on the severity of the offence and authorisation level.
4. Decision: Charge, No Further Action & Other Outcomes
After interviews and investigation, one of several things can happen:
- No Further Action (NFA): If there’s insufficient evidence, the police may release you without charge and take no further action.
- Charge: You may be formally charged, in which case you’ll be classified as a defendant.
- Alternative Outcomes: Sometimes, you might be offered a caution, fixed penalty, or diversion, depending on the offence and circumstances.
5. After Charging: Court Appearance
If you’re charged, the police will let you know whether you’ll be released with bail or held in custody until you’re brought before a court.
Your first court hearing will always be at Magistrates’ Court, even if the case is later transferred to Crown Court for serious matters.
6. Magistrates’ Court: What Happens Next
At the first appearance in Magistrates’ Court, the court will:
- Confirm your identity and the charges;
- Ask if you plead guilty or not guilty;
- Decide whether you should be released on bail, remanded in custody, or proceed under conditional release.
If the case is serious enough, it may stay in or transfer to Crown Court. For less serious matters, the court may deal with or conclude the case itself.
Understand the differences between bail, police bail, and Release Under Investigation (RUI).
Police Bail (Pre‑Charge Bail)
Also known as pre-charge bail, this is used when the police have arrested someone but aren’t ready to charge them yet. Instead of keeping you in custody, they release you with requirements, such as returning to the station or sticking to certain conditions.
Under PACE and updated by the Police, Crime, Sentencing and Courts Act 2022, these bail periods can now last up to nine months—initially up to three months, then extendable twice by three months each. If more time is needed after nine months, the police must go to court for approval.
Conditions might include:
- Reporting regularly to a police station
- Staying away from certain individuals or locations
- Not interfering with evidence or witnesses.
If you fail to comply with the conditions, it’s not automatically a criminal offence—but you can be re-arrested and potentially denied bail in future.
Release Under Investigation (RUI)
Released Under Investigation, or RUI, means you’re allowed to go home without any conditions and without a set date to return. The police may still be investigating, but there’s no formal timeline.
This became more common after 2017 reforms that limited the use of bail, although those changes caused frustration because:
- There’s no time limit or oversight on how long it lasts.
- There are no conditions, so nothing stops you from contacting people involved—though you should seek advice before doing so.
- It leaves both the suspect and the alleged victim in limbo, sometimes for months or even longer.
The Police Crime Sentencing and Courts Act 2022 aimed to correct this by encouraging more use of bail (when necessary and proportionate), to provide more oversight and structure.
Post-Charge Bail (Court Bail)
Once you’ve been formally charged, you can be released on bail by the court. This might be for your first hearing or while awaiting trial. Conditions can still apply, and you must appear in court on the set date.
Summary Table
| Situation | What It Means | Timeframe & Conditions |
|---|---|---|
| Police Bail (Pre-Charge) | Released from custody but with conditions | Up to 9 months, conditions applied. After 9 Month to extend police must apply to the courts |
| Release Under Investigation (RUI) | Released without conditions or time limits | No time limits, no conditions; can feel indefinite |
| Charged/Bailed To Court | Released after charge and given a date to attend court. This can be with or without bail conditions. | To attend court on the date the custody officer tells you at point of release. |
Final Thoughts
- Police Bail gives structure and oversight, particularly useful when conditions are necessary.
- RUI avoids restrictions—but can leave you stuck without answers or guidance.
- Charged/Bailed To Court – ensures you avoid unnecessary custody while waiting for your hearing.
If you’re unsure what your status means, or what to do next, getting legal advice early is always a wise move.
Legal Aid vs Private Solicitors: Pros, Cons & Pitfalls
Legal Aid: What You Need to Know
What it covers: Legal aid in criminal cases is intended to ensure that people who can’t afford representation still have access to legal advice and defence—crucial under Article 6 of the ECHR, which guarantees a fair trial.
It’s administered by the Legal Aid Agency (LAA), and can cover work by both solicitors and barristers.
Qualification is based on two tests:
- Interests of Justice (IoJ) — ensures legal aid is available if your case could result in a custodial sentence, is serious, or other factors that mean fair representation is needed.
- Means Test — based on your income, capital, and household circumstances. The figures differ depending on whether it’s Magistrates’ Court or Crown Court.
Quick thresholds:
- Magistrates’ Court: Your gross income must usually be under £22,325. If your disposable income (after allowable deductions) is under £3,398, you qualify. Above that, you may have to pay for your defence yourself, unless you pass a hardship review.
- Crown Court: Broadly, if your disposable annual income is under £37,500, you remain eligible. If it’s very low, you won’t have to contribute at all.
Passporting benefits: You automatically get legal aid if you’re under 18 or on certain benefits like Universal Credit, Income Support, JSA, ESA, or Pension Guarantee Credit.
Pros of Legal Aid:
- Low or no cost for those eligible.
- Access to trained and accredited solicitors and counsel.
- Formal funding structure and standards in place.
Cons:
- Strict eligibility— some are excluded due to financial cut-offs especially in the magistrates court.
- The means test hasn’t kept pace with inflation, cutting more people off.
- Fewer legal aid providers in some areas, and low fees can drive lawyers away from taking cases.
Private Solicitors: What to Consider
Pros of hiring privately:
- More solicitor choice and flexibility.
- Often more time and tailored attention, especially for complex cases.
Cons to watch out for:
- Cost can be very high—some private criminal defence can cost thousands.
- Without proper checks, poor service or overcharging is possible. There was the Glanville Davies case, where a solicitor was fined thousands for inflated fees and misconduct.
How Legal Aid Actually Works — In Practice
- The LAA processes most criminal legal aid applications within 2 days.
- During the application, your income, savings, savings from benefits, you and your partner’s situation, plus any children or dependents, are factored in.
- If you don’t qualify, you can request a hardship review—they may reconsider based on essential expenses or costs of the case.
- Certain areas, like advice at the police station or child protection cases, may be non-means tested—meaning legal aid is available regardless of income.
Spotting a Poor or Ineffective Solicitor
Your solicitor should help you feel informed, stretched if needed, and confident. But poor representation can mean actual consequences—even wrongful convictions.
Signs of inadequate representation:
- Poor preparation or missing key witnesses (e.g., a solicitor failing to instruct a crucial alibi witness led to a CCRC referral and overturned conviction).
- Late notice to counsel, insufficient pre-trial work, or failure to review police evidence properly.
- If a solicitor ignores core issues or doesn’t explain your options.
Legally, to overturn a conviction, you must prove:
- The performance was deficient (seriously below standard), and
- This directly caused a miscarriage of justice.
It’s rare for poor representation alone to succeed as a ground for appeal unless it fundamentally undermined the trial’s fairness
If you need some help identifying solicitors that can help then contact us below.
What Happens When You Plead Guilty
Pleading guilty means you accept responsibility for the offence. There’s no trial—your case moves straight to sentencing. That might be a fine, community order, or imprisonment depending on the offence’s seriousness.
The big trade-off:
- Sentence reduction. You could get up to one-third off your sentence for an early guilty plea. The earlier it is entered, the bigger the discount. If you plead guilty only on the day of trial, reductions are as low as 10%.
- Practical relief. Especially if you’re on remand, a guilty plea can mean immediate release based on time served. That has become more common as court delays force people to spend much longer behind bars unnecessarily.
But rushing to plead guilty can have deep consequences—emotionally, legally, and ethically.
What Happens When You Plead Not Guilty
Pleading not guilty means your case will go to trial, and the court must find you guilty beyond reasonable doubt.
The benefits:
- Defending your innocence. If there’s a chance you didn’t commit the offence or have a defence, you can challenge evidence and push for acquittal.
The risks:
- If convicted, you may face a harsher sentence than if you had pleaded guilty early, because you lose out on the reduction.
- Court delays and uncertainty. Trials can be pushed back for months or years—delays that damage family life, stability, and mental health.
Real Pressures on the System
Lengthy trials, backlogs, and remand overcrowding have led many people—sometimes even innocent—to plead guilty just to escape prison. Some remand prisoners have been told they will be released immediately if they plead guilty, even if evidence is weak. This creates a system that unwittingly makes guilty pleas seem like the easiest path.
Can You Change Your Plea?
Yes—sometimes.
From Not Guilty to Guilty
Easy enough. You can change your plea to guilty at any point before the verdict. Judges typically allow it, and you may still receive some sentence reduction, depending on timing.
From Guilty to Not Guilty
This is harder—but possible in certain circumstances:
- The court has judicial discretion to allow a plea withdrawal before sentencing, especially if:
- The plea was equivocal (uncertain, e.g., “Guilty, but…”)
- You can point to undue pressure or poor legal advice at the time
- There’s a serious procedural unfairness or new evidence emerges
However, the court treats such requests cautiously. The application must be made promptly and in writing, clearly explaining why keeping the guilty plea would be unjust. You’ll need legal support to make a strong case.
Compare Your Options
| Plea | What It Means | Benefits | Risks |
|---|---|---|---|
| Guilty | Admit offence, go to sentencing | Sentence reduction; quicker release / lower punishment if not prison | Permanent record; loss of trial chance; emotional burden |
| Not Guilty | Contest the case, proceed to trial | Chance of acquittal; defend rights | Heavier sentence if convicted; long waits; uncertainty |
| Change Plea | Switch decisions based on counsel/advice | Flexibility if early | Hard to reverse plea; may need court’s say-so |
Choosing your plea is one of the most serious decisions you’ll make in the process. It affects your freedom, your record, and your mental wellbeing—and indirectly affects your family and supporters too. You don’t have to face it alone. Getting specialist legal advice early is vital—they can help you understand your odds, the evidence, and what life on remand could look like while you’re waiting.
Addressing False Allegations Being accused of something you didn’t do can turn your world upside down. Even if you’re later cleared, the stress, uncertainty, and damage to your reputation can linger long after the legal process ends. It’s an incredibly isolating experience — but you are not alone, and there are practical steps you can take to protect yourself, rebuild trust, and move forward. Understanding the Process When a false allegation is made, the police have a legal duty to investigate. That can mean arrest, interview, and potentially even charges, even when the evidence seems weak. It can be frightening and frustrating, especially if you know you’ve done nothing wrong. Throughout this stage, it’s crucial to: Get proper legal advice early — ideally from a solicitor experienced in these kinds of cases Keep a clear, accurate timeline of events, messages, and evidence Avoid direct contact with the complainant, as this can complicate matters False allegations cases can drag on for months, sometimes years, and the uncertainty is often the hardest part. Knowing your rights and working closely with your legal team can help you navigate the process more confidently. What Happens if You’re NFA’d or Acquitted An NFA (No Further Action) decision or an acquittal at trial should bring closure, but many find that life doesn’t simply return to “normal.” People may still have doubts. Rumours may linger. Employers, schools, or community groups may still need reassurance. This can be painful, but there are steps you can take: Ask the police for written confirmation of the NFA or acquittal — this can help with employment or housing issues Consider requesting your custody records or full case file to keep for future reference Focus on rebuilding your personal and professional reputation gradually, starting with people you trust Reporting a False Allegation It’s natural to want justice if you’ve been wrongly accused, but it’s important to understand that prosecutions for making false allegations are rare. The CPS is cautious about pursuing these cases because of concerns about discouraging genuine victims from coming forward. To succeed, there usually needs to be clear evidence that the allegation was knowingly false — not just mistaken, exaggerated, or unsupported. If you want to explore this route, speak to your solicitor first. They can advise on the chances of success and whether a formal complaint to the police or the Independent Office for Police Conduct (IOPC) might be appropriate. Rebuilding Trust and Moving Forward Whether or not the system gives you the outcome you hoped for, the work of rebuilding often falls on you and those closest to you. That might mean repairing relationships, focusing on your mental health, and connecting with people who understand what you’ve been through. Trusted friends, family, and peer-support spaces — like those linked through the CJS Hub — can be invaluable here. Rebuilding takes time, but it is possible. False allegations can feel devastating, but they don’t have to define the rest of your life. By understanding the process, seeking the right support, and taking steps to restore your confidence and reputation, you can start moving forward again. If you need help navigating your next steps, the CJS Hub is here with resources, guides, and connections to specialist services.
Every criminal case in England and Wales starts at a Magistrates’ Court. Even the most serious offences begin there — though not all will stay there.
- Summary Offences (like minor assaults or motoring offences) are dealt with entirely here.
- Either-way Offences (such as theft or assault causing actual bodily harm) can go to a Crown Court. Magistrates will hold a Plea Before Venue hearing to decide where the case should be heard, unless the defence asks for a jury trial in Crown Court.
- Indictable Only Offences (e.g. murder or serious sexual offences) automatically go to Crown Court — magistrates handle preliminary checks, like bail decisions, before transferring the case.
At your first hearing, the process is typically:
- The court clerk will ask for your name and address to confirm your identity.
- Magistrates will read out the charges. You’ll be asked to plead guilty or not guilty — if you’re ready. Otherwise, the plea can be adjourned.
Plea, Venue & Next Steps
- For guilty pleas to summary offences, the court may sentence you immediately — or delay if more information (like a pre-sentence report) is needed.
- For not guilty pleas, the court sets a trial date.
- At the Plea Before Venue hearing for either-way offences, the Crown Prosecution Service and your defence solicitor each make their case about whether the Magistrates’ Court or Crown Court should handle your case.
- Indictable only offences always go to Crown Court, and the Magistrates’ Court handles bail or remand while transferring your case.
Venue Explained
Understanding where your case proceeds is crucial — especially because long delays and remand pressures are an ongoing crisis in the justice system. In particularly overloaded areas, some bail defendants wait years before trial, with severe consequences.
Bail Applications — What You Need to Know
Every time you appear in court, bail is revisited:
- If you’re eligible, unconditional or conditional bail may be granted — open or with restrictions to ensure you:
- Return to court
- Don’t re-offend or tamper with evidence
- Remain available for proceedings or inquiries
- Under the Bail Act 1976 and PACE 1984, bail is presumed unless there’s a risk. However, there are serious offences (like certain sexual crimes) with a strong presumption against bail.
- If bail is refused, the court must explain why.
- If you’re refused bail, legal advice is even more important — and in some cases, you may have the right to appeal that decision.
Due to resource constraints, courts have had to delay bail hearings, keeping some people in police custody longer than they should — this situation continues to put pressure on everyone involved.
How to Prepare for Your First Court Hearing
- Bring ID and any papers about your charges.
- Ask your legal representative what type of offences you’re charged with and where your case is likely to be heard.
- Be clear on whether your case is summary, either-way, or indictable only — it affects your plea, venue, and timing.
- Discuss bail conditions with your solicitor and whether you’re likely to be released or remanded.
- If supporting someone, organise practical things like transport, childcare, and paperwork well ahead.
Why Preparation Matters
Facing trial is daunting. It can feel like your whole life is on hold while everyone else decides what happens next. While your legal team handles the paperwork, evidence, and arguments, there’s still plenty you can do to stay informed, organised, and ready.
Preparation isn’t about replacing your solicitor — it’s about making sure you understand what’s happening, know what’s coming next, and can support your defence in the best way possible.
Understanding What’s Ahead
Your trial will follow a structure, and knowing the basics helps reduce some of the fear:
- The prosecution will present their case first.
- Your defence team will challenge their evidence and present yours.
- Witnesses may be called and cross-examined.
- The magistrates or jury will decide if you’re guilty or not guilty.
Your solicitor or barrister will explain the details relevant to your case, but having a rough idea of the process can make things less overwhelming.
What You Can Do to Prepare
1. Stay Organised
- Keep every document you receive — charge sheets, bail conditions, letters from your solicitor or the court.
- Use a simple folder or binder and keep copies of everything in order.
- Make a note of important dates, deadlines, and hearing times.
Even small slips — like missing a court date — can cause serious problems, so staying organised really helps.
2. Be Honest and Thorough with Your Legal Team
Your solicitor can only build a strong defence if they know everything. Even if something feels embarrassing, irrelevant, or damaging, tell them. Surprises in court rarely go well, and your team can’t defend what they don’t know about.
3. Think About Witnesses and Evidence
You don’t have to collect statements or prepare bundles — your legal team will handle that — but you can:
- Make a list of anyone who was there, saw, or heard something relevant.
- Pass on names, phone numbers, and what they might know to your solicitor.
- Flag any texts, emails, or social media messages you think matter. Don’t delete anything.
Your job isn’t to analyse evidence; it’s to make sure your solicitor has all the information they need.
4. Prepare Yourself Mentally
Trials can be draining. The process is slow, the days are long, and you’ll likely hear things said about you that are upsetting or unfair.
- Get plenty of rest beforehand if you can.
- Bring water and snacks if allowed — trials can run all day.
- Have someone you trust to talk to afterwards — family, friends, or a support group.
- Consider accessing mental health support; the stress of waiting can take a real toll.
5. Support Your Family and Let Them Support You
If you have children, a partner, or family relying on you, talk to them early about what’s coming. Trials affect everyone — not just the defendant — and having a plan for childcare, bills, and emotional support can make a big difference.
Common Worries — And What to Do About Them
“I feel like I’m not getting updates.”
It’s okay to check in with your solicitor and ask for a clear breakdown of where things stand.
“I don’t understand what’s happening in court.”
Ask your legal team to explain things in plain English. They’re used to jargon — you’re not.
“I’m worried about what to say if I’m called to give evidence.”
Your solicitor or barrister will explain exactly what’s expected and prepare you before you step into the witness box.
Quick Checklist for Defendants
- Keep all paperwork safe and organised.
- Share every detail and document with your solicitor.
- Write down witness names and pass them on — don’t contact witnesses yourself.
- Note down all court dates and deadlines.
- Prepare emotionally — trials can be long and stressful.
- Talk openly with family and supporters.
- Ask questions until you understand what’s happening.
Understanding Your Charges
How Charges Are Issued
When the police or prosecutors decide there’s enough evidence, a formal charge can be issued in one of three ways:
- Custody Charge
If the police have you in custody, a Custody Officer decides whether there’s enough evidence to press charges. If so, you’ll be charged and either released—possibly on police bail or “Released Under Investigation (RUI)”—or kept in custody until your court appearance. Detention must be reviewed regularly and can last up to 96 hours in most cases. - Postal Requisition (Postal Charge)
If you’re not arrested, a Postal Requisition (also called a postal charge) may be sent—especially if you were interviewed under caution or released under investigation. It’s a legal document telling you to appear at a Magistrates’ Court on a specified date. Never ignore one—failing to attend can lead to an arrest warrant. - Court Charge—Typically via Solicitor or CPS
In some cases, particularly more serious ones, the Crown Prosecution Service (CPS) steps in. Prosecutors apply a full test: (1) is there a realistic prospect of conviction, and (2) is prosecution in the public interest? If not, they may decline to charge or offer an alternative, like a caution.
Once the decision to charge is made, the CPS or police sets your first court date—within days or weeks, depending on how serious the case is and whether you’re in custody or on bail.
Reading the Charge Sheet
A charge sheet is the document that officially records what you’re being accused of. It should clearly state:
- The offence(s) you’re charged with,
- Where and when the alleged offence happened,
- What laws you’re accused of breaking.
This is your first real window into what you’re facing.
Take it seriously—get legal advice, check the details, and clarify anything you don’t understand.
What Happens Next—and Who You’ll See First
All criminal cases in England and Wales start in the Magistrates’ Court, even if they eventually go to Crown Court. If it’s a minor offence, the trial may stay here. If it’s more serious—or deemed too complex—the Magistrates will send it up to Crown Court.
Wikipedia
At your first hearing, called a Plea and Trial Preparation Hearing (PTPH), the court clerk will read your charges out loud (called an “indictment”) and ask whether you plead guilty or not guilty.
cps.gov.uk
What You Can Do Next
- Understand the type of charge—custody, postal, or court-based—and whether it means you’re already in custody or not.
- Read the charge sheet carefully. It defines the case.
- Know where your case starts—most will begin in Magistrates’ Court.
- Seek legal help early. It makes a real difference to how your case is handled.
- Don’t ignore any notifications—especially postal charges.
Supporting Someone During Court Proceedings
When someone you care about is facing court, it’s natural to feel anxious, overwhelmed, and unsure of what to expect. Courtrooms can seem intimidating, especially if you’ve never set foot in one before. You’re there to support them, but you might also be juggling your own fears, confusion, and frustration.
This page is here to guide you through the process — from understanding what’s likely to happen on the day to preparing yourself emotionally and practically so you can be the strongest support possible.
Understanding the Court Journey
Every case is different, but once someone has been charged, the process generally starts in the magistrates’ court, even for more serious offences. The first appearance often feels rushed, but important things can happen: bail decisions, plea entry, or setting the next hearing date.
After that, the case may stay in magistrates’ or move to the Crown Court if it’s more serious. Crown Court hearings involve judges, barristers, juries, and can stretch over weeks or even months. For families and friends, it can feel like a constant cycle of waiting, worrying, and reacting — especially when hearings are adjourned or decisions get delayed.
Knowing roughly where your loved one’s case sits in the process can make the experience feel less overwhelming.
How You Can Help Before the Hearing
Practical preparation goes a long way. Being organised and calm can make the day less stressful for both you and the person facing court. Make sure you know where the court is, what time to arrive, and whether there are any documents or forms your loved one needs to bring. If bail conditions apply, double-check they aren’t breached — arriving early or going somewhere restricted can cause problems.
It can also help to talk things through in advance. Discuss whether they want you in the courtroom, where you’ll sit, and how you can best support them on the day. Sometimes just knowing you’ll be there in the building makes a massive difference.
What to Expect on the Day
Courts can feel tense and confusing. Security checks happen at the entrance, and once you’re inside, the environment can be busy and noisy. You might have long periods of waiting, especially if there are delays in the list.
Inside the courtroom, proceedings are formal, but you don’t need to understand every word — your presence alone can be a powerful source of comfort. Some supporters sit quietly in the gallery; others wait outside if that feels less overwhelming for the person on trial. Both are fine — what matters is showing them they’re not alone.
Emotional Support Through the Process
Watching someone you care about stand in court can be exhausting. You may hear things said about them — or about events — that are upsetting or hard to listen to. You may feel angry at the system, frustrated by delays, or helpless when you want answers you don’t have. These reactions are completely normal.
Be gentle with yourself as well as with them. Lean on friends, family, or peer support groups if you need to talk it through. Supporting someone through court isn’t just about showing up physically — it’s about managing your own emotional energy so you can keep being there when it matters most.
After the Hearing
Court outcomes vary. Sometimes your loved one will leave with relief; other times, the process will move forward and there’ll be another hearing to prepare for. Decisions about bail, trial dates, or sentencing can have a massive impact on everyone involved.
Whatever happens, try to focus on what comes next rather than everything at once. Each stage has its own challenges, and getting clear, steady information can make those challenges easier to handle.
Supporting someone through court is one of the hardest things you can do. It demands patience, resilience, and emotional strength — but it also makes a real difference. Simply being there, understanding the process, and helping with the practicalities can help your loved one feel less alone in one of the most stressful periods of their life.
And remember, your well-being matters too. The CJS Hub is here to provide resources, guidance, and community for anyone navigating the court system — whether you’re the one in the dock or the one standing by their side.
Fines (1)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Investigations (3)
Post‑Arrest Procedures
Explore what happens after arrest, including interviews, charges, and court appearances.
1. Arrival at the Police Station & Custody
Once you’re arrested, you’ll be taken to a police station. There, a custody officer assesses whether there’s enough evidence to charge you or whether you should be held any longer. Right from the start, you must be informed of your rights—including the right to inform someone you’re being held and to consult a solicitor—and these must be recorded in your custody documents.
2. Interview & Right to Legal Advice
Interviews are governed by PACE Code C, which protects your right to legal advice before questioning. You must be cautioned, and your solicitor (or duty solicitor) should be present. If you’re a child or vulnerable, an appropriate adult must also be involved.
3. Length of Detention
From the moment you’re arrested or arrive at the station—whichever is earlier—the clock starts ticking on how long police can lawfully detain you without charging. The basic limit is 24 hours, but extensions are possible up to 36 or 96 hours, depending on the severity of the offence and authorisation level.
4. Decision: Charge, No Further Action & Other Outcomes
After interviews and investigation, one of several things can happen:
- No Further Action (NFA): If there’s insufficient evidence, the police may release you without charge and take no further action.
- Charge: You may be formally charged, in which case you’ll be classified as a defendant.
- Alternative Outcomes: Sometimes, you might be offered a caution, fixed penalty, or diversion, depending on the offence and circumstances.
5. After Charging: Court Appearance
If you’re charged, the police will let you know whether you’ll be released with bail or held in custody until you’re brought before a court.
Your first court hearing will always be at Magistrates’ Court, even if the case is later transferred to Crown Court for serious matters.
6. Magistrates’ Court: What Happens Next
At the first appearance in Magistrates’ Court, the court will:
- Confirm your identity and the charges;
- Ask if you plead guilty or not guilty;
- Decide whether you should be released on bail, remanded in custody, or proceed under conditional release.
If the case is serious enough, it may stay in or transfer to Crown Court. For less serious matters, the court may deal with or conclude the case itself.
Addressing False Allegations Being accused of something you didn’t do can turn your world upside down. Even if you’re later cleared, the stress, uncertainty, and damage to your reputation can linger long after the legal process ends. It’s an incredibly isolating experience — but you are not alone, and there are practical steps you can take to protect yourself, rebuild trust, and move forward. Understanding the Process When a false allegation is made, the police have a legal duty to investigate. That can mean arrest, interview, and potentially even charges, even when the evidence seems weak. It can be frightening and frustrating, especially if you know you’ve done nothing wrong. Throughout this stage, it’s crucial to: Get proper legal advice early — ideally from a solicitor experienced in these kinds of cases Keep a clear, accurate timeline of events, messages, and evidence Avoid direct contact with the complainant, as this can complicate matters False allegations cases can drag on for months, sometimes years, and the uncertainty is often the hardest part. Knowing your rights and working closely with your legal team can help you navigate the process more confidently. What Happens if You’re NFA’d or Acquitted An NFA (No Further Action) decision or an acquittal at trial should bring closure, but many find that life doesn’t simply return to “normal.” People may still have doubts. Rumours may linger. Employers, schools, or community groups may still need reassurance. This can be painful, but there are steps you can take: Ask the police for written confirmation of the NFA or acquittal — this can help with employment or housing issues Consider requesting your custody records or full case file to keep for future reference Focus on rebuilding your personal and professional reputation gradually, starting with people you trust Reporting a False Allegation It’s natural to want justice if you’ve been wrongly accused, but it’s important to understand that prosecutions for making false allegations are rare. The CPS is cautious about pursuing these cases because of concerns about discouraging genuine victims from coming forward. To succeed, there usually needs to be clear evidence that the allegation was knowingly false — not just mistaken, exaggerated, or unsupported. If you want to explore this route, speak to your solicitor first. They can advise on the chances of success and whether a formal complaint to the police or the Independent Office for Police Conduct (IOPC) might be appropriate. Rebuilding Trust and Moving Forward Whether or not the system gives you the outcome you hoped for, the work of rebuilding often falls on you and those closest to you. That might mean repairing relationships, focusing on your mental health, and connecting with people who understand what you’ve been through. Trusted friends, family, and peer-support spaces — like those linked through the CJS Hub — can be invaluable here. Rebuilding takes time, but it is possible. False allegations can feel devastating, but they don’t have to define the rest of your life. By understanding the process, seeking the right support, and taking steps to restore your confidence and reputation, you can start moving forward again. If you need help navigating your next steps, the CJS Hub is here with resources, guides, and connections to specialist services.
Understanding Your Charges
How Charges Are Issued
When the police or prosecutors decide there’s enough evidence, a formal charge can be issued in one of three ways:
- Custody Charge
If the police have you in custody, a Custody Officer decides whether there’s enough evidence to press charges. If so, you’ll be charged and either released—possibly on police bail or “Released Under Investigation (RUI)”—or kept in custody until your court appearance. Detention must be reviewed regularly and can last up to 96 hours in most cases. - Postal Requisition (Postal Charge)
If you’re not arrested, a Postal Requisition (also called a postal charge) may be sent—especially if you were interviewed under caution or released under investigation. It’s a legal document telling you to appear at a Magistrates’ Court on a specified date. Never ignore one—failing to attend can lead to an arrest warrant. - Court Charge—Typically via Solicitor or CPS
In some cases, particularly more serious ones, the Crown Prosecution Service (CPS) steps in. Prosecutors apply a full test: (1) is there a realistic prospect of conviction, and (2) is prosecution in the public interest? If not, they may decline to charge or offer an alternative, like a caution.
Once the decision to charge is made, the CPS or police sets your first court date—within days or weeks, depending on how serious the case is and whether you’re in custody or on bail.
Reading the Charge Sheet
A charge sheet is the document that officially records what you’re being accused of. It should clearly state:
- The offence(s) you’re charged with,
- Where and when the alleged offence happened,
- What laws you’re accused of breaking.
This is your first real window into what you’re facing.
Take it seriously—get legal advice, check the details, and clarify anything you don’t understand.
What Happens Next—and Who You’ll See First
All criminal cases in England and Wales start in the Magistrates’ Court, even if they eventually go to Crown Court. If it’s a minor offence, the trial may stay here. If it’s more serious—or deemed too complex—the Magistrates will send it up to Crown Court.
Wikipedia
At your first hearing, called a Plea and Trial Preparation Hearing (PTPH), the court clerk will read your charges out loud (called an “indictment”) and ask whether you plead guilty or not guilty.
cps.gov.uk
What You Can Do Next
- Understand the type of charge—custody, postal, or court-based—and whether it means you’re already in custody or not.
- Read the charge sheet carefully. It defines the case.
- Know where your case starts—most will begin in Magistrates’ Court.
- Seek legal help early. It makes a real difference to how your case is handled.
- Don’t ignore any notifications—especially postal charges.
NFA – No Further Action (1)
Post‑Arrest Procedures
Explore what happens after arrest, including interviews, charges, and court appearances.
1. Arrival at the Police Station & Custody
Once you’re arrested, you’ll be taken to a police station. There, a custody officer assesses whether there’s enough evidence to charge you or whether you should be held any longer. Right from the start, you must be informed of your rights—including the right to inform someone you’re being held and to consult a solicitor—and these must be recorded in your custody documents.
2. Interview & Right to Legal Advice
Interviews are governed by PACE Code C, which protects your right to legal advice before questioning. You must be cautioned, and your solicitor (or duty solicitor) should be present. If you’re a child or vulnerable, an appropriate adult must also be involved.
3. Length of Detention
From the moment you’re arrested or arrive at the station—whichever is earlier—the clock starts ticking on how long police can lawfully detain you without charging. The basic limit is 24 hours, but extensions are possible up to 36 or 96 hours, depending on the severity of the offence and authorisation level.
4. Decision: Charge, No Further Action & Other Outcomes
After interviews and investigation, one of several things can happen:
- No Further Action (NFA): If there’s insufficient evidence, the police may release you without charge and take no further action.
- Charge: You may be formally charged, in which case you’ll be classified as a defendant.
- Alternative Outcomes: Sometimes, you might be offered a caution, fixed penalty, or diversion, depending on the offence and circumstances.
5. After Charging: Court Appearance
If you’re charged, the police will let you know whether you’ll be released with bail or held in custody until you’re brought before a court.
Your first court hearing will always be at Magistrates’ Court, even if the case is later transferred to Crown Court for serious matters.
6. Magistrates’ Court: What Happens Next
At the first appearance in Magistrates’ Court, the court will:
- Confirm your identity and the charges;
- Ask if you plead guilty or not guilty;
- Decide whether you should be released on bail, remanded in custody, or proceed under conditional release.
If the case is serious enough, it may stay in or transfer to Crown Court. For less serious matters, the court may deal with or conclude the case itself.
Police (5)
Post‑Arrest Procedures
Explore what happens after arrest, including interviews, charges, and court appearances.
1. Arrival at the Police Station & Custody
Once you’re arrested, you’ll be taken to a police station. There, a custody officer assesses whether there’s enough evidence to charge you or whether you should be held any longer. Right from the start, you must be informed of your rights—including the right to inform someone you’re being held and to consult a solicitor—and these must be recorded in your custody documents.
2. Interview & Right to Legal Advice
Interviews are governed by PACE Code C, which protects your right to legal advice before questioning. You must be cautioned, and your solicitor (or duty solicitor) should be present. If you’re a child or vulnerable, an appropriate adult must also be involved.
3. Length of Detention
From the moment you’re arrested or arrive at the station—whichever is earlier—the clock starts ticking on how long police can lawfully detain you without charging. The basic limit is 24 hours, but extensions are possible up to 36 or 96 hours, depending on the severity of the offence and authorisation level.
4. Decision: Charge, No Further Action & Other Outcomes
After interviews and investigation, one of several things can happen:
- No Further Action (NFA): If there’s insufficient evidence, the police may release you without charge and take no further action.
- Charge: You may be formally charged, in which case you’ll be classified as a defendant.
- Alternative Outcomes: Sometimes, you might be offered a caution, fixed penalty, or diversion, depending on the offence and circumstances.
5. After Charging: Court Appearance
If you’re charged, the police will let you know whether you’ll be released with bail or held in custody until you’re brought before a court.
Your first court hearing will always be at Magistrates’ Court, even if the case is later transferred to Crown Court for serious matters.
6. Magistrates’ Court: What Happens Next
At the first appearance in Magistrates’ Court, the court will:
- Confirm your identity and the charges;
- Ask if you plead guilty or not guilty;
- Decide whether you should be released on bail, remanded in custody, or proceed under conditional release.
If the case is serious enough, it may stay in or transfer to Crown Court. For less serious matters, the court may deal with or conclude the case itself.
Understand the differences between bail, police bail, and Release Under Investigation (RUI).
Police Bail (Pre‑Charge Bail)
Also known as pre-charge bail, this is used when the police have arrested someone but aren’t ready to charge them yet. Instead of keeping you in custody, they release you with requirements, such as returning to the station or sticking to certain conditions.
Under PACE and updated by the Police, Crime, Sentencing and Courts Act 2022, these bail periods can now last up to nine months—initially up to three months, then extendable twice by three months each. If more time is needed after nine months, the police must go to court for approval.
Conditions might include:
- Reporting regularly to a police station
- Staying away from certain individuals or locations
- Not interfering with evidence or witnesses.
If you fail to comply with the conditions, it’s not automatically a criminal offence—but you can be re-arrested and potentially denied bail in future.
Release Under Investigation (RUI)
Released Under Investigation, or RUI, means you’re allowed to go home without any conditions and without a set date to return. The police may still be investigating, but there’s no formal timeline.
This became more common after 2017 reforms that limited the use of bail, although those changes caused frustration because:
- There’s no time limit or oversight on how long it lasts.
- There are no conditions, so nothing stops you from contacting people involved—though you should seek advice before doing so.
- It leaves both the suspect and the alleged victim in limbo, sometimes for months or even longer.
The Police Crime Sentencing and Courts Act 2022 aimed to correct this by encouraging more use of bail (when necessary and proportionate), to provide more oversight and structure.
Post-Charge Bail (Court Bail)
Once you’ve been formally charged, you can be released on bail by the court. This might be for your first hearing or while awaiting trial. Conditions can still apply, and you must appear in court on the set date.
Summary Table
| Situation | What It Means | Timeframe & Conditions |
|---|---|---|
| Police Bail (Pre-Charge) | Released from custody but with conditions | Up to 9 months, conditions applied. After 9 Month to extend police must apply to the courts |
| Release Under Investigation (RUI) | Released without conditions or time limits | No time limits, no conditions; can feel indefinite |
| Charged/Bailed To Court | Released after charge and given a date to attend court. This can be with or without bail conditions. | To attend court on the date the custody officer tells you at point of release. |
Final Thoughts
- Police Bail gives structure and oversight, particularly useful when conditions are necessary.
- RUI avoids restrictions—but can leave you stuck without answers or guidance.
- Charged/Bailed To Court – ensures you avoid unnecessary custody while waiting for your hearing.
If you’re unsure what your status means, or what to do next, getting legal advice early is always a wise move.
Legal Aid vs Private Solicitors: Pros, Cons & Pitfalls
Legal Aid: What You Need to Know
What it covers: Legal aid in criminal cases is intended to ensure that people who can’t afford representation still have access to legal advice and defence—crucial under Article 6 of the ECHR, which guarantees a fair trial.
It’s administered by the Legal Aid Agency (LAA), and can cover work by both solicitors and barristers.
Qualification is based on two tests:
- Interests of Justice (IoJ) — ensures legal aid is available if your case could result in a custodial sentence, is serious, or other factors that mean fair representation is needed.
- Means Test — based on your income, capital, and household circumstances. The figures differ depending on whether it’s Magistrates’ Court or Crown Court.
Quick thresholds:
- Magistrates’ Court: Your gross income must usually be under £22,325. If your disposable income (after allowable deductions) is under £3,398, you qualify. Above that, you may have to pay for your defence yourself, unless you pass a hardship review.
- Crown Court: Broadly, if your disposable annual income is under £37,500, you remain eligible. If it’s very low, you won’t have to contribute at all.
Passporting benefits: You automatically get legal aid if you’re under 18 or on certain benefits like Universal Credit, Income Support, JSA, ESA, or Pension Guarantee Credit.
Pros of Legal Aid:
- Low or no cost for those eligible.
- Access to trained and accredited solicitors and counsel.
- Formal funding structure and standards in place.
Cons:
- Strict eligibility— some are excluded due to financial cut-offs especially in the magistrates court.
- The means test hasn’t kept pace with inflation, cutting more people off.
- Fewer legal aid providers in some areas, and low fees can drive lawyers away from taking cases.
Private Solicitors: What to Consider
Pros of hiring privately:
- More solicitor choice and flexibility.
- Often more time and tailored attention, especially for complex cases.
Cons to watch out for:
- Cost can be very high—some private criminal defence can cost thousands.
- Without proper checks, poor service or overcharging is possible. There was the Glanville Davies case, where a solicitor was fined thousands for inflated fees and misconduct.
How Legal Aid Actually Works — In Practice
- The LAA processes most criminal legal aid applications within 2 days.
- During the application, your income, savings, savings from benefits, you and your partner’s situation, plus any children or dependents, are factored in.
- If you don’t qualify, you can request a hardship review—they may reconsider based on essential expenses or costs of the case.
- Certain areas, like advice at the police station or child protection cases, may be non-means tested—meaning legal aid is available regardless of income.
Spotting a Poor or Ineffective Solicitor
Your solicitor should help you feel informed, stretched if needed, and confident. But poor representation can mean actual consequences—even wrongful convictions.
Signs of inadequate representation:
- Poor preparation or missing key witnesses (e.g., a solicitor failing to instruct a crucial alibi witness led to a CCRC referral and overturned conviction).
- Late notice to counsel, insufficient pre-trial work, or failure to review police evidence properly.
- If a solicitor ignores core issues or doesn’t explain your options.
Legally, to overturn a conviction, you must prove:
- The performance was deficient (seriously below standard), and
- This directly caused a miscarriage of justice.
It’s rare for poor representation alone to succeed as a ground for appeal unless it fundamentally undermined the trial’s fairness
If you need some help identifying solicitors that can help then contact us below.
Addressing False Allegations Being accused of something you didn’t do can turn your world upside down. Even if you’re later cleared, the stress, uncertainty, and damage to your reputation can linger long after the legal process ends. It’s an incredibly isolating experience — but you are not alone, and there are practical steps you can take to protect yourself, rebuild trust, and move forward. Understanding the Process When a false allegation is made, the police have a legal duty to investigate. That can mean arrest, interview, and potentially even charges, even when the evidence seems weak. It can be frightening and frustrating, especially if you know you’ve done nothing wrong. Throughout this stage, it’s crucial to: Get proper legal advice early — ideally from a solicitor experienced in these kinds of cases Keep a clear, accurate timeline of events, messages, and evidence Avoid direct contact with the complainant, as this can complicate matters False allegations cases can drag on for months, sometimes years, and the uncertainty is often the hardest part. Knowing your rights and working closely with your legal team can help you navigate the process more confidently. What Happens if You’re NFA’d or Acquitted An NFA (No Further Action) decision or an acquittal at trial should bring closure, but many find that life doesn’t simply return to “normal.” People may still have doubts. Rumours may linger. Employers, schools, or community groups may still need reassurance. This can be painful, but there are steps you can take: Ask the police for written confirmation of the NFA or acquittal — this can help with employment or housing issues Consider requesting your custody records or full case file to keep for future reference Focus on rebuilding your personal and professional reputation gradually, starting with people you trust Reporting a False Allegation It’s natural to want justice if you’ve been wrongly accused, but it’s important to understand that prosecutions for making false allegations are rare. The CPS is cautious about pursuing these cases because of concerns about discouraging genuine victims from coming forward. To succeed, there usually needs to be clear evidence that the allegation was knowingly false — not just mistaken, exaggerated, or unsupported. If you want to explore this route, speak to your solicitor first. They can advise on the chances of success and whether a formal complaint to the police or the Independent Office for Police Conduct (IOPC) might be appropriate. Rebuilding Trust and Moving Forward Whether or not the system gives you the outcome you hoped for, the work of rebuilding often falls on you and those closest to you. That might mean repairing relationships, focusing on your mental health, and connecting with people who understand what you’ve been through. Trusted friends, family, and peer-support spaces — like those linked through the CJS Hub — can be invaluable here. Rebuilding takes time, but it is possible. False allegations can feel devastating, but they don’t have to define the rest of your life. By understanding the process, seeking the right support, and taking steps to restore your confidence and reputation, you can start moving forward again. If you need help navigating your next steps, the CJS Hub is here with resources, guides, and connections to specialist services.
Understanding Your Charges
How Charges Are Issued
When the police or prosecutors decide there’s enough evidence, a formal charge can be issued in one of three ways:
- Custody Charge
If the police have you in custody, a Custody Officer decides whether there’s enough evidence to press charges. If so, you’ll be charged and either released—possibly on police bail or “Released Under Investigation (RUI)”—or kept in custody until your court appearance. Detention must be reviewed regularly and can last up to 96 hours in most cases. - Postal Requisition (Postal Charge)
If you’re not arrested, a Postal Requisition (also called a postal charge) may be sent—especially if you were interviewed under caution or released under investigation. It’s a legal document telling you to appear at a Magistrates’ Court on a specified date. Never ignore one—failing to attend can lead to an arrest warrant. - Court Charge—Typically via Solicitor or CPS
In some cases, particularly more serious ones, the Crown Prosecution Service (CPS) steps in. Prosecutors apply a full test: (1) is there a realistic prospect of conviction, and (2) is prosecution in the public interest? If not, they may decline to charge or offer an alternative, like a caution.
Once the decision to charge is made, the CPS or police sets your first court date—within days or weeks, depending on how serious the case is and whether you’re in custody or on bail.
Reading the Charge Sheet
A charge sheet is the document that officially records what you’re being accused of. It should clearly state:
- The offence(s) you’re charged with,
- Where and when the alleged offence happened,
- What laws you’re accused of breaking.
This is your first real window into what you’re facing.
Take it seriously—get legal advice, check the details, and clarify anything you don’t understand.
What Happens Next—and Who You’ll See First
All criminal cases in England and Wales start in the Magistrates’ Court, even if they eventually go to Crown Court. If it’s a minor offence, the trial may stay here. If it’s more serious—or deemed too complex—the Magistrates will send it up to Crown Court.
Wikipedia
At your first hearing, called a Plea and Trial Preparation Hearing (PTPH), the court clerk will read your charges out loud (called an “indictment”) and ask whether you plead guilty or not guilty.
cps.gov.uk
What You Can Do Next
- Understand the type of charge—custody, postal, or court-based—and whether it means you’re already in custody or not.
- Read the charge sheet carefully. It defines the case.
- Know where your case starts—most will begin in Magistrates’ Court.
- Seek legal help early. It makes a real difference to how your case is handled.
- Don’t ignore any notifications—especially postal charges.
Prison (2)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Addressing False Allegations Being accused of something you didn’t do can turn your world upside down. Even if you’re later cleared, the stress, uncertainty, and damage to your reputation can linger long after the legal process ends. It’s an incredibly isolating experience — but you are not alone, and there are practical steps you can take to protect yourself, rebuild trust, and move forward. Understanding the Process When a false allegation is made, the police have a legal duty to investigate. That can mean arrest, interview, and potentially even charges, even when the evidence seems weak. It can be frightening and frustrating, especially if you know you’ve done nothing wrong. Throughout this stage, it’s crucial to: Get proper legal advice early — ideally from a solicitor experienced in these kinds of cases Keep a clear, accurate timeline of events, messages, and evidence Avoid direct contact with the complainant, as this can complicate matters False allegations cases can drag on for months, sometimes years, and the uncertainty is often the hardest part. Knowing your rights and working closely with your legal team can help you navigate the process more confidently. What Happens if You’re NFA’d or Acquitted An NFA (No Further Action) decision or an acquittal at trial should bring closure, but many find that life doesn’t simply return to “normal.” People may still have doubts. Rumours may linger. Employers, schools, or community groups may still need reassurance. This can be painful, but there are steps you can take: Ask the police for written confirmation of the NFA or acquittal — this can help with employment or housing issues Consider requesting your custody records or full case file to keep for future reference Focus on rebuilding your personal and professional reputation gradually, starting with people you trust Reporting a False Allegation It’s natural to want justice if you’ve been wrongly accused, but it’s important to understand that prosecutions for making false allegations are rare. The CPS is cautious about pursuing these cases because of concerns about discouraging genuine victims from coming forward. To succeed, there usually needs to be clear evidence that the allegation was knowingly false — not just mistaken, exaggerated, or unsupported. If you want to explore this route, speak to your solicitor first. They can advise on the chances of success and whether a formal complaint to the police or the Independent Office for Police Conduct (IOPC) might be appropriate. Rebuilding Trust and Moving Forward Whether or not the system gives you the outcome you hoped for, the work of rebuilding often falls on you and those closest to you. That might mean repairing relationships, focusing on your mental health, and connecting with people who understand what you’ve been through. Trusted friends, family, and peer-support spaces — like those linked through the CJS Hub — can be invaluable here. Rebuilding takes time, but it is possible. False allegations can feel devastating, but they don’t have to define the rest of your life. By understanding the process, seeking the right support, and taking steps to restore your confidence and reputation, you can start moving forward again. If you need help navigating your next steps, the CJS Hub is here with resources, guides, and connections to specialist services.
Probation (1)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Release (1)
Understand the differences between bail, police bail, and Release Under Investigation (RUI).
Police Bail (Pre‑Charge Bail)
Also known as pre-charge bail, this is used when the police have arrested someone but aren’t ready to charge them yet. Instead of keeping you in custody, they release you with requirements, such as returning to the station or sticking to certain conditions.
Under PACE and updated by the Police, Crime, Sentencing and Courts Act 2022, these bail periods can now last up to nine months—initially up to three months, then extendable twice by three months each. If more time is needed after nine months, the police must go to court for approval.
Conditions might include:
- Reporting regularly to a police station
- Staying away from certain individuals or locations
- Not interfering with evidence or witnesses.
If you fail to comply with the conditions, it’s not automatically a criminal offence—but you can be re-arrested and potentially denied bail in future.
Release Under Investigation (RUI)
Released Under Investigation, or RUI, means you’re allowed to go home without any conditions and without a set date to return. The police may still be investigating, but there’s no formal timeline.
This became more common after 2017 reforms that limited the use of bail, although those changes caused frustration because:
- There’s no time limit or oversight on how long it lasts.
- There are no conditions, so nothing stops you from contacting people involved—though you should seek advice before doing so.
- It leaves both the suspect and the alleged victim in limbo, sometimes for months or even longer.
The Police Crime Sentencing and Courts Act 2022 aimed to correct this by encouraging more use of bail (when necessary and proportionate), to provide more oversight and structure.
Post-Charge Bail (Court Bail)
Once you’ve been formally charged, you can be released on bail by the court. This might be for your first hearing or while awaiting trial. Conditions can still apply, and you must appear in court on the set date.
Summary Table
| Situation | What It Means | Timeframe & Conditions |
|---|---|---|
| Police Bail (Pre-Charge) | Released from custody but with conditions | Up to 9 months, conditions applied. After 9 Month to extend police must apply to the courts |
| Release Under Investigation (RUI) | Released without conditions or time limits | No time limits, no conditions; can feel indefinite |
| Charged/Bailed To Court | Released after charge and given a date to attend court. This can be with or without bail conditions. | To attend court on the date the custody officer tells you at point of release. |
Final Thoughts
- Police Bail gives structure and oversight, particularly useful when conditions are necessary.
- RUI avoids restrictions—but can leave you stuck without answers or guidance.
- Charged/Bailed To Court – ensures you avoid unnecessary custody while waiting for your hearing.
If you’re unsure what your status means, or what to do next, getting legal advice early is always a wise move.
Solicitors (8)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Post‑Arrest Procedures
Explore what happens after arrest, including interviews, charges, and court appearances.
1. Arrival at the Police Station & Custody
Once you’re arrested, you’ll be taken to a police station. There, a custody officer assesses whether there’s enough evidence to charge you or whether you should be held any longer. Right from the start, you must be informed of your rights—including the right to inform someone you’re being held and to consult a solicitor—and these must be recorded in your custody documents.
2. Interview & Right to Legal Advice
Interviews are governed by PACE Code C, which protects your right to legal advice before questioning. You must be cautioned, and your solicitor (or duty solicitor) should be present. If you’re a child or vulnerable, an appropriate adult must also be involved.
3. Length of Detention
From the moment you’re arrested or arrive at the station—whichever is earlier—the clock starts ticking on how long police can lawfully detain you without charging. The basic limit is 24 hours, but extensions are possible up to 36 or 96 hours, depending on the severity of the offence and authorisation level.
4. Decision: Charge, No Further Action & Other Outcomes
After interviews and investigation, one of several things can happen:
- No Further Action (NFA): If there’s insufficient evidence, the police may release you without charge and take no further action.
- Charge: You may be formally charged, in which case you’ll be classified as a defendant.
- Alternative Outcomes: Sometimes, you might be offered a caution, fixed penalty, or diversion, depending on the offence and circumstances.
5. After Charging: Court Appearance
If you’re charged, the police will let you know whether you’ll be released with bail or held in custody until you’re brought before a court.
Your first court hearing will always be at Magistrates’ Court, even if the case is later transferred to Crown Court for serious matters.
6. Magistrates’ Court: What Happens Next
At the first appearance in Magistrates’ Court, the court will:
- Confirm your identity and the charges;
- Ask if you plead guilty or not guilty;
- Decide whether you should be released on bail, remanded in custody, or proceed under conditional release.
If the case is serious enough, it may stay in or transfer to Crown Court. For less serious matters, the court may deal with or conclude the case itself.
Understand the differences between bail, police bail, and Release Under Investigation (RUI).
Police Bail (Pre‑Charge Bail)
Also known as pre-charge bail, this is used when the police have arrested someone but aren’t ready to charge them yet. Instead of keeping you in custody, they release you with requirements, such as returning to the station or sticking to certain conditions.
Under PACE and updated by the Police, Crime, Sentencing and Courts Act 2022, these bail periods can now last up to nine months—initially up to three months, then extendable twice by three months each. If more time is needed after nine months, the police must go to court for approval.
Conditions might include:
- Reporting regularly to a police station
- Staying away from certain individuals or locations
- Not interfering with evidence or witnesses.
If you fail to comply with the conditions, it’s not automatically a criminal offence—but you can be re-arrested and potentially denied bail in future.
Release Under Investigation (RUI)
Released Under Investigation, or RUI, means you’re allowed to go home without any conditions and without a set date to return. The police may still be investigating, but there’s no formal timeline.
This became more common after 2017 reforms that limited the use of bail, although those changes caused frustration because:
- There’s no time limit or oversight on how long it lasts.
- There are no conditions, so nothing stops you from contacting people involved—though you should seek advice before doing so.
- It leaves both the suspect and the alleged victim in limbo, sometimes for months or even longer.
The Police Crime Sentencing and Courts Act 2022 aimed to correct this by encouraging more use of bail (when necessary and proportionate), to provide more oversight and structure.
Post-Charge Bail (Court Bail)
Once you’ve been formally charged, you can be released on bail by the court. This might be for your first hearing or while awaiting trial. Conditions can still apply, and you must appear in court on the set date.
Summary Table
| Situation | What It Means | Timeframe & Conditions |
|---|---|---|
| Police Bail (Pre-Charge) | Released from custody but with conditions | Up to 9 months, conditions applied. After 9 Month to extend police must apply to the courts |
| Release Under Investigation (RUI) | Released without conditions or time limits | No time limits, no conditions; can feel indefinite |
| Charged/Bailed To Court | Released after charge and given a date to attend court. This can be with or without bail conditions. | To attend court on the date the custody officer tells you at point of release. |
Final Thoughts
- Police Bail gives structure and oversight, particularly useful when conditions are necessary.
- RUI avoids restrictions—but can leave you stuck without answers or guidance.
- Charged/Bailed To Court – ensures you avoid unnecessary custody while waiting for your hearing.
If you’re unsure what your status means, or what to do next, getting legal advice early is always a wise move.
Legal Aid vs Private Solicitors: Pros, Cons & Pitfalls
Legal Aid: What You Need to Know
What it covers: Legal aid in criminal cases is intended to ensure that people who can’t afford representation still have access to legal advice and defence—crucial under Article 6 of the ECHR, which guarantees a fair trial.
It’s administered by the Legal Aid Agency (LAA), and can cover work by both solicitors and barristers.
Qualification is based on two tests:
- Interests of Justice (IoJ) — ensures legal aid is available if your case could result in a custodial sentence, is serious, or other factors that mean fair representation is needed.
- Means Test — based on your income, capital, and household circumstances. The figures differ depending on whether it’s Magistrates’ Court or Crown Court.
Quick thresholds:
- Magistrates’ Court: Your gross income must usually be under £22,325. If your disposable income (after allowable deductions) is under £3,398, you qualify. Above that, you may have to pay for your defence yourself, unless you pass a hardship review.
- Crown Court: Broadly, if your disposable annual income is under £37,500, you remain eligible. If it’s very low, you won’t have to contribute at all.
Passporting benefits: You automatically get legal aid if you’re under 18 or on certain benefits like Universal Credit, Income Support, JSA, ESA, or Pension Guarantee Credit.
Pros of Legal Aid:
- Low or no cost for those eligible.
- Access to trained and accredited solicitors and counsel.
- Formal funding structure and standards in place.
Cons:
- Strict eligibility— some are excluded due to financial cut-offs especially in the magistrates court.
- The means test hasn’t kept pace with inflation, cutting more people off.
- Fewer legal aid providers in some areas, and low fees can drive lawyers away from taking cases.
Private Solicitors: What to Consider
Pros of hiring privately:
- More solicitor choice and flexibility.
- Often more time and tailored attention, especially for complex cases.
Cons to watch out for:
- Cost can be very high—some private criminal defence can cost thousands.
- Without proper checks, poor service or overcharging is possible. There was the Glanville Davies case, where a solicitor was fined thousands for inflated fees and misconduct.
How Legal Aid Actually Works — In Practice
- The LAA processes most criminal legal aid applications within 2 days.
- During the application, your income, savings, savings from benefits, you and your partner’s situation, plus any children or dependents, are factored in.
- If you don’t qualify, you can request a hardship review—they may reconsider based on essential expenses or costs of the case.
- Certain areas, like advice at the police station or child protection cases, may be non-means tested—meaning legal aid is available regardless of income.
Spotting a Poor or Ineffective Solicitor
Your solicitor should help you feel informed, stretched if needed, and confident. But poor representation can mean actual consequences—even wrongful convictions.
Signs of inadequate representation:
- Poor preparation or missing key witnesses (e.g., a solicitor failing to instruct a crucial alibi witness led to a CCRC referral and overturned conviction).
- Late notice to counsel, insufficient pre-trial work, or failure to review police evidence properly.
- If a solicitor ignores core issues or doesn’t explain your options.
Legally, to overturn a conviction, you must prove:
- The performance was deficient (seriously below standard), and
- This directly caused a miscarriage of justice.
It’s rare for poor representation alone to succeed as a ground for appeal unless it fundamentally undermined the trial’s fairness
If you need some help identifying solicitors that can help then contact us below.
What Happens When You Plead Guilty
Pleading guilty means you accept responsibility for the offence. There’s no trial—your case moves straight to sentencing. That might be a fine, community order, or imprisonment depending on the offence’s seriousness.
The big trade-off:
- Sentence reduction. You could get up to one-third off your sentence for an early guilty plea. The earlier it is entered, the bigger the discount. If you plead guilty only on the day of trial, reductions are as low as 10%.
- Practical relief. Especially if you’re on remand, a guilty plea can mean immediate release based on time served. That has become more common as court delays force people to spend much longer behind bars unnecessarily.
But rushing to plead guilty can have deep consequences—emotionally, legally, and ethically.
What Happens When You Plead Not Guilty
Pleading not guilty means your case will go to trial, and the court must find you guilty beyond reasonable doubt.
The benefits:
- Defending your innocence. If there’s a chance you didn’t commit the offence or have a defence, you can challenge evidence and push for acquittal.
The risks:
- If convicted, you may face a harsher sentence than if you had pleaded guilty early, because you lose out on the reduction.
- Court delays and uncertainty. Trials can be pushed back for months or years—delays that damage family life, stability, and mental health.
Real Pressures on the System
Lengthy trials, backlogs, and remand overcrowding have led many people—sometimes even innocent—to plead guilty just to escape prison. Some remand prisoners have been told they will be released immediately if they plead guilty, even if evidence is weak. This creates a system that unwittingly makes guilty pleas seem like the easiest path.
Can You Change Your Plea?
Yes—sometimes.
From Not Guilty to Guilty
Easy enough. You can change your plea to guilty at any point before the verdict. Judges typically allow it, and you may still receive some sentence reduction, depending on timing.
From Guilty to Not Guilty
This is harder—but possible in certain circumstances:
- The court has judicial discretion to allow a plea withdrawal before sentencing, especially if:
- The plea was equivocal (uncertain, e.g., “Guilty, but…”)
- You can point to undue pressure or poor legal advice at the time
- There’s a serious procedural unfairness or new evidence emerges
However, the court treats such requests cautiously. The application must be made promptly and in writing, clearly explaining why keeping the guilty plea would be unjust. You’ll need legal support to make a strong case.
Compare Your Options
| Plea | What It Means | Benefits | Risks |
|---|---|---|---|
| Guilty | Admit offence, go to sentencing | Sentence reduction; quicker release / lower punishment if not prison | Permanent record; loss of trial chance; emotional burden |
| Not Guilty | Contest the case, proceed to trial | Chance of acquittal; defend rights | Heavier sentence if convicted; long waits; uncertainty |
| Change Plea | Switch decisions based on counsel/advice | Flexibility if early | Hard to reverse plea; may need court’s say-so |
Choosing your plea is one of the most serious decisions you’ll make in the process. It affects your freedom, your record, and your mental wellbeing—and indirectly affects your family and supporters too. You don’t have to face it alone. Getting specialist legal advice early is vital—they can help you understand your odds, the evidence, and what life on remand could look like while you’re waiting.
Addressing False Allegations Being accused of something you didn’t do can turn your world upside down. Even if you’re later cleared, the stress, uncertainty, and damage to your reputation can linger long after the legal process ends. It’s an incredibly isolating experience — but you are not alone, and there are practical steps you can take to protect yourself, rebuild trust, and move forward. Understanding the Process When a false allegation is made, the police have a legal duty to investigate. That can mean arrest, interview, and potentially even charges, even when the evidence seems weak. It can be frightening and frustrating, especially if you know you’ve done nothing wrong. Throughout this stage, it’s crucial to: Get proper legal advice early — ideally from a solicitor experienced in these kinds of cases Keep a clear, accurate timeline of events, messages, and evidence Avoid direct contact with the complainant, as this can complicate matters False allegations cases can drag on for months, sometimes years, and the uncertainty is often the hardest part. Knowing your rights and working closely with your legal team can help you navigate the process more confidently. What Happens if You’re NFA’d or Acquitted An NFA (No Further Action) decision or an acquittal at trial should bring closure, but many find that life doesn’t simply return to “normal.” People may still have doubts. Rumours may linger. Employers, schools, or community groups may still need reassurance. This can be painful, but there are steps you can take: Ask the police for written confirmation of the NFA or acquittal — this can help with employment or housing issues Consider requesting your custody records or full case file to keep for future reference Focus on rebuilding your personal and professional reputation gradually, starting with people you trust Reporting a False Allegation It’s natural to want justice if you’ve been wrongly accused, but it’s important to understand that prosecutions for making false allegations are rare. The CPS is cautious about pursuing these cases because of concerns about discouraging genuine victims from coming forward. To succeed, there usually needs to be clear evidence that the allegation was knowingly false — not just mistaken, exaggerated, or unsupported. If you want to explore this route, speak to your solicitor first. They can advise on the chances of success and whether a formal complaint to the police or the Independent Office for Police Conduct (IOPC) might be appropriate. Rebuilding Trust and Moving Forward Whether or not the system gives you the outcome you hoped for, the work of rebuilding often falls on you and those closest to you. That might mean repairing relationships, focusing on your mental health, and connecting with people who understand what you’ve been through. Trusted friends, family, and peer-support spaces — like those linked through the CJS Hub — can be invaluable here. Rebuilding takes time, but it is possible. False allegations can feel devastating, but they don’t have to define the rest of your life. By understanding the process, seeking the right support, and taking steps to restore your confidence and reputation, you can start moving forward again. If you need help navigating your next steps, the CJS Hub is here with resources, guides, and connections to specialist services.
Why Preparation Matters
Facing trial is daunting. It can feel like your whole life is on hold while everyone else decides what happens next. While your legal team handles the paperwork, evidence, and arguments, there’s still plenty you can do to stay informed, organised, and ready.
Preparation isn’t about replacing your solicitor — it’s about making sure you understand what’s happening, know what’s coming next, and can support your defence in the best way possible.
Understanding What’s Ahead
Your trial will follow a structure, and knowing the basics helps reduce some of the fear:
- The prosecution will present their case first.
- Your defence team will challenge their evidence and present yours.
- Witnesses may be called and cross-examined.
- The magistrates or jury will decide if you’re guilty or not guilty.
Your solicitor or barrister will explain the details relevant to your case, but having a rough idea of the process can make things less overwhelming.
What You Can Do to Prepare
1. Stay Organised
- Keep every document you receive — charge sheets, bail conditions, letters from your solicitor or the court.
- Use a simple folder or binder and keep copies of everything in order.
- Make a note of important dates, deadlines, and hearing times.
Even small slips — like missing a court date — can cause serious problems, so staying organised really helps.
2. Be Honest and Thorough with Your Legal Team
Your solicitor can only build a strong defence if they know everything. Even if something feels embarrassing, irrelevant, or damaging, tell them. Surprises in court rarely go well, and your team can’t defend what they don’t know about.
3. Think About Witnesses and Evidence
You don’t have to collect statements or prepare bundles — your legal team will handle that — but you can:
- Make a list of anyone who was there, saw, or heard something relevant.
- Pass on names, phone numbers, and what they might know to your solicitor.
- Flag any texts, emails, or social media messages you think matter. Don’t delete anything.
Your job isn’t to analyse evidence; it’s to make sure your solicitor has all the information they need.
4. Prepare Yourself Mentally
Trials can be draining. The process is slow, the days are long, and you’ll likely hear things said about you that are upsetting or unfair.
- Get plenty of rest beforehand if you can.
- Bring water and snacks if allowed — trials can run all day.
- Have someone you trust to talk to afterwards — family, friends, or a support group.
- Consider accessing mental health support; the stress of waiting can take a real toll.
5. Support Your Family and Let Them Support You
If you have children, a partner, or family relying on you, talk to them early about what’s coming. Trials affect everyone — not just the defendant — and having a plan for childcare, bills, and emotional support can make a big difference.
Common Worries — And What to Do About Them
“I feel like I’m not getting updates.”
It’s okay to check in with your solicitor and ask for a clear breakdown of where things stand.
“I don’t understand what’s happening in court.”
Ask your legal team to explain things in plain English. They’re used to jargon — you’re not.
“I’m worried about what to say if I’m called to give evidence.”
Your solicitor or barrister will explain exactly what’s expected and prepare you before you step into the witness box.
Quick Checklist for Defendants
- Keep all paperwork safe and organised.
- Share every detail and document with your solicitor.
- Write down witness names and pass them on — don’t contact witnesses yourself.
- Note down all court dates and deadlines.
- Prepare emotionally — trials can be long and stressful.
- Talk openly with family and supporters.
- Ask questions until you understand what’s happening.
Understanding Your Charges
How Charges Are Issued
When the police or prosecutors decide there’s enough evidence, a formal charge can be issued in one of three ways:
- Custody Charge
If the police have you in custody, a Custody Officer decides whether there’s enough evidence to press charges. If so, you’ll be charged and either released—possibly on police bail or “Released Under Investigation (RUI)”—or kept in custody until your court appearance. Detention must be reviewed regularly and can last up to 96 hours in most cases. - Postal Requisition (Postal Charge)
If you’re not arrested, a Postal Requisition (also called a postal charge) may be sent—especially if you were interviewed under caution or released under investigation. It’s a legal document telling you to appear at a Magistrates’ Court on a specified date. Never ignore one—failing to attend can lead to an arrest warrant. - Court Charge—Typically via Solicitor or CPS
In some cases, particularly more serious ones, the Crown Prosecution Service (CPS) steps in. Prosecutors apply a full test: (1) is there a realistic prospect of conviction, and (2) is prosecution in the public interest? If not, they may decline to charge or offer an alternative, like a caution.
Once the decision to charge is made, the CPS or police sets your first court date—within days or weeks, depending on how serious the case is and whether you’re in custody or on bail.
Reading the Charge Sheet
A charge sheet is the document that officially records what you’re being accused of. It should clearly state:
- The offence(s) you’re charged with,
- Where and when the alleged offence happened,
- What laws you’re accused of breaking.
This is your first real window into what you’re facing.
Take it seriously—get legal advice, check the details, and clarify anything you don’t understand.
What Happens Next—and Who You’ll See First
All criminal cases in England and Wales start in the Magistrates’ Court, even if they eventually go to Crown Court. If it’s a minor offence, the trial may stay here. If it’s more serious—or deemed too complex—the Magistrates will send it up to Crown Court.
Wikipedia
At your first hearing, called a Plea and Trial Preparation Hearing (PTPH), the court clerk will read your charges out loud (called an “indictment”) and ask whether you plead guilty or not guilty.
cps.gov.uk
What You Can Do Next
- Understand the type of charge—custody, postal, or court-based—and whether it means you’re already in custody or not.
- Read the charge sheet carefully. It defines the case.
- Know where your case starts—most will begin in Magistrates’ Court.
- Seek legal help early. It makes a real difference to how your case is handled.
- Don’t ignore any notifications—especially postal charges.
Support (3)
Addressing False Allegations Being accused of something you didn’t do can turn your world upside down. Even if you’re later cleared, the stress, uncertainty, and damage to your reputation can linger long after the legal process ends. It’s an incredibly isolating experience — but you are not alone, and there are practical steps you can take to protect yourself, rebuild trust, and move forward. Understanding the Process When a false allegation is made, the police have a legal duty to investigate. That can mean arrest, interview, and potentially even charges, even when the evidence seems weak. It can be frightening and frustrating, especially if you know you’ve done nothing wrong. Throughout this stage, it’s crucial to: Get proper legal advice early — ideally from a solicitor experienced in these kinds of cases Keep a clear, accurate timeline of events, messages, and evidence Avoid direct contact with the complainant, as this can complicate matters False allegations cases can drag on for months, sometimes years, and the uncertainty is often the hardest part. Knowing your rights and working closely with your legal team can help you navigate the process more confidently. What Happens if You’re NFA’d or Acquitted An NFA (No Further Action) decision or an acquittal at trial should bring closure, but many find that life doesn’t simply return to “normal.” People may still have doubts. Rumours may linger. Employers, schools, or community groups may still need reassurance. This can be painful, but there are steps you can take: Ask the police for written confirmation of the NFA or acquittal — this can help with employment or housing issues Consider requesting your custody records or full case file to keep for future reference Focus on rebuilding your personal and professional reputation gradually, starting with people you trust Reporting a False Allegation It’s natural to want justice if you’ve been wrongly accused, but it’s important to understand that prosecutions for making false allegations are rare. The CPS is cautious about pursuing these cases because of concerns about discouraging genuine victims from coming forward. To succeed, there usually needs to be clear evidence that the allegation was knowingly false — not just mistaken, exaggerated, or unsupported. If you want to explore this route, speak to your solicitor first. They can advise on the chances of success and whether a formal complaint to the police or the Independent Office for Police Conduct (IOPC) might be appropriate. Rebuilding Trust and Moving Forward Whether or not the system gives you the outcome you hoped for, the work of rebuilding often falls on you and those closest to you. That might mean repairing relationships, focusing on your mental health, and connecting with people who understand what you’ve been through. Trusted friends, family, and peer-support spaces — like those linked through the CJS Hub — can be invaluable here. Rebuilding takes time, but it is possible. False allegations can feel devastating, but they don’t have to define the rest of your life. By understanding the process, seeking the right support, and taking steps to restore your confidence and reputation, you can start moving forward again. If you need help navigating your next steps, the CJS Hub is here with resources, guides, and connections to specialist services.
Why Preparation Matters
Facing trial is daunting. It can feel like your whole life is on hold while everyone else decides what happens next. While your legal team handles the paperwork, evidence, and arguments, there’s still plenty you can do to stay informed, organised, and ready.
Preparation isn’t about replacing your solicitor — it’s about making sure you understand what’s happening, know what’s coming next, and can support your defence in the best way possible.
Understanding What’s Ahead
Your trial will follow a structure, and knowing the basics helps reduce some of the fear:
- The prosecution will present their case first.
- Your defence team will challenge their evidence and present yours.
- Witnesses may be called and cross-examined.
- The magistrates or jury will decide if you’re guilty or not guilty.
Your solicitor or barrister will explain the details relevant to your case, but having a rough idea of the process can make things less overwhelming.
What You Can Do to Prepare
1. Stay Organised
- Keep every document you receive — charge sheets, bail conditions, letters from your solicitor or the court.
- Use a simple folder or binder and keep copies of everything in order.
- Make a note of important dates, deadlines, and hearing times.
Even small slips — like missing a court date — can cause serious problems, so staying organised really helps.
2. Be Honest and Thorough with Your Legal Team
Your solicitor can only build a strong defence if they know everything. Even if something feels embarrassing, irrelevant, or damaging, tell them. Surprises in court rarely go well, and your team can’t defend what they don’t know about.
3. Think About Witnesses and Evidence
You don’t have to collect statements or prepare bundles — your legal team will handle that — but you can:
- Make a list of anyone who was there, saw, or heard something relevant.
- Pass on names, phone numbers, and what they might know to your solicitor.
- Flag any texts, emails, or social media messages you think matter. Don’t delete anything.
Your job isn’t to analyse evidence; it’s to make sure your solicitor has all the information they need.
4. Prepare Yourself Mentally
Trials can be draining. The process is slow, the days are long, and you’ll likely hear things said about you that are upsetting or unfair.
- Get plenty of rest beforehand if you can.
- Bring water and snacks if allowed — trials can run all day.
- Have someone you trust to talk to afterwards — family, friends, or a support group.
- Consider accessing mental health support; the stress of waiting can take a real toll.
5. Support Your Family and Let Them Support You
If you have children, a partner, or family relying on you, talk to them early about what’s coming. Trials affect everyone — not just the defendant — and having a plan for childcare, bills, and emotional support can make a big difference.
Common Worries — And What to Do About Them
“I feel like I’m not getting updates.”
It’s okay to check in with your solicitor and ask for a clear breakdown of where things stand.
“I don’t understand what’s happening in court.”
Ask your legal team to explain things in plain English. They’re used to jargon — you’re not.
“I’m worried about what to say if I’m called to give evidence.”
Your solicitor or barrister will explain exactly what’s expected and prepare you before you step into the witness box.
Quick Checklist for Defendants
- Keep all paperwork safe and organised.
- Share every detail and document with your solicitor.
- Write down witness names and pass them on — don’t contact witnesses yourself.
- Note down all court dates and deadlines.
- Prepare emotionally — trials can be long and stressful.
- Talk openly with family and supporters.
- Ask questions until you understand what’s happening.
Supporting Someone During Court Proceedings
When someone you care about is facing court, it’s natural to feel anxious, overwhelmed, and unsure of what to expect. Courtrooms can seem intimidating, especially if you’ve never set foot in one before. You’re there to support them, but you might also be juggling your own fears, confusion, and frustration.
This page is here to guide you through the process — from understanding what’s likely to happen on the day to preparing yourself emotionally and practically so you can be the strongest support possible.
Understanding the Court Journey
Every case is different, but once someone has been charged, the process generally starts in the magistrates’ court, even for more serious offences. The first appearance often feels rushed, but important things can happen: bail decisions, plea entry, or setting the next hearing date.
After that, the case may stay in magistrates’ or move to the Crown Court if it’s more serious. Crown Court hearings involve judges, barristers, juries, and can stretch over weeks or even months. For families and friends, it can feel like a constant cycle of waiting, worrying, and reacting — especially when hearings are adjourned or decisions get delayed.
Knowing roughly where your loved one’s case sits in the process can make the experience feel less overwhelming.
How You Can Help Before the Hearing
Practical preparation goes a long way. Being organised and calm can make the day less stressful for both you and the person facing court. Make sure you know where the court is, what time to arrive, and whether there are any documents or forms your loved one needs to bring. If bail conditions apply, double-check they aren’t breached — arriving early or going somewhere restricted can cause problems.
It can also help to talk things through in advance. Discuss whether they want you in the courtroom, where you’ll sit, and how you can best support them on the day. Sometimes just knowing you’ll be there in the building makes a massive difference.
What to Expect on the Day
Courts can feel tense and confusing. Security checks happen at the entrance, and once you’re inside, the environment can be busy and noisy. You might have long periods of waiting, especially if there are delays in the list.
Inside the courtroom, proceedings are formal, but you don’t need to understand every word — your presence alone can be a powerful source of comfort. Some supporters sit quietly in the gallery; others wait outside if that feels less overwhelming for the person on trial. Both are fine — what matters is showing them they’re not alone.
Emotional Support Through the Process
Watching someone you care about stand in court can be exhausting. You may hear things said about them — or about events — that are upsetting or hard to listen to. You may feel angry at the system, frustrated by delays, or helpless when you want answers you don’t have. These reactions are completely normal.
Be gentle with yourself as well as with them. Lean on friends, family, or peer support groups if you need to talk it through. Supporting someone through court isn’t just about showing up physically — it’s about managing your own emotional energy so you can keep being there when it matters most.
After the Hearing
Court outcomes vary. Sometimes your loved one will leave with relief; other times, the process will move forward and there’ll be another hearing to prepare for. Decisions about bail, trial dates, or sentencing can have a massive impact on everyone involved.
Whatever happens, try to focus on what comes next rather than everything at once. Each stage has its own challenges, and getting clear, steady information can make those challenges easier to handle.
Supporting someone through court is one of the hardest things you can do. It demands patience, resilience, and emotional strength — but it also makes a real difference. Simply being there, understanding the process, and helping with the practicalities can help your loved one feel less alone in one of the most stressful periods of their life.
And remember, your well-being matters too. The CJS Hub is here to provide resources, guidance, and community for anyone navigating the court system — whether you’re the one in the dock or the one standing by their side.
The Arrest (4)
Post‑Arrest Procedures
Explore what happens after arrest, including interviews, charges, and court appearances.
1. Arrival at the Police Station & Custody
Once you’re arrested, you’ll be taken to a police station. There, a custody officer assesses whether there’s enough evidence to charge you or whether you should be held any longer. Right from the start, you must be informed of your rights—including the right to inform someone you’re being held and to consult a solicitor—and these must be recorded in your custody documents.
2. Interview & Right to Legal Advice
Interviews are governed by PACE Code C, which protects your right to legal advice before questioning. You must be cautioned, and your solicitor (or duty solicitor) should be present. If you’re a child or vulnerable, an appropriate adult must also be involved.
3. Length of Detention
From the moment you’re arrested or arrive at the station—whichever is earlier—the clock starts ticking on how long police can lawfully detain you without charging. The basic limit is 24 hours, but extensions are possible up to 36 or 96 hours, depending on the severity of the offence and authorisation level.
4. Decision: Charge, No Further Action & Other Outcomes
After interviews and investigation, one of several things can happen:
- No Further Action (NFA): If there’s insufficient evidence, the police may release you without charge and take no further action.
- Charge: You may be formally charged, in which case you’ll be classified as a defendant.
- Alternative Outcomes: Sometimes, you might be offered a caution, fixed penalty, or diversion, depending on the offence and circumstances.
5. After Charging: Court Appearance
If you’re charged, the police will let you know whether you’ll be released with bail or held in custody until you’re brought before a court.
Your first court hearing will always be at Magistrates’ Court, even if the case is later transferred to Crown Court for serious matters.
6. Magistrates’ Court: What Happens Next
At the first appearance in Magistrates’ Court, the court will:
- Confirm your identity and the charges;
- Ask if you plead guilty or not guilty;
- Decide whether you should be released on bail, remanded in custody, or proceed under conditional release.
If the case is serious enough, it may stay in or transfer to Crown Court. For less serious matters, the court may deal with or conclude the case itself.
Understand the differences between bail, police bail, and Release Under Investigation (RUI).
Police Bail (Pre‑Charge Bail)
Also known as pre-charge bail, this is used when the police have arrested someone but aren’t ready to charge them yet. Instead of keeping you in custody, they release you with requirements, such as returning to the station or sticking to certain conditions.
Under PACE and updated by the Police, Crime, Sentencing and Courts Act 2022, these bail periods can now last up to nine months—initially up to three months, then extendable twice by three months each. If more time is needed after nine months, the police must go to court for approval.
Conditions might include:
- Reporting regularly to a police station
- Staying away from certain individuals or locations
- Not interfering with evidence or witnesses.
If you fail to comply with the conditions, it’s not automatically a criminal offence—but you can be re-arrested and potentially denied bail in future.
Release Under Investigation (RUI)
Released Under Investigation, or RUI, means you’re allowed to go home without any conditions and without a set date to return. The police may still be investigating, but there’s no formal timeline.
This became more common after 2017 reforms that limited the use of bail, although those changes caused frustration because:
- There’s no time limit or oversight on how long it lasts.
- There are no conditions, so nothing stops you from contacting people involved—though you should seek advice before doing so.
- It leaves both the suspect and the alleged victim in limbo, sometimes for months or even longer.
The Police Crime Sentencing and Courts Act 2022 aimed to correct this by encouraging more use of bail (when necessary and proportionate), to provide more oversight and structure.
Post-Charge Bail (Court Bail)
Once you’ve been formally charged, you can be released on bail by the court. This might be for your first hearing or while awaiting trial. Conditions can still apply, and you must appear in court on the set date.
Summary Table
| Situation | What It Means | Timeframe & Conditions |
|---|---|---|
| Police Bail (Pre-Charge) | Released from custody but with conditions | Up to 9 months, conditions applied. After 9 Month to extend police must apply to the courts |
| Release Under Investigation (RUI) | Released without conditions or time limits | No time limits, no conditions; can feel indefinite |
| Charged/Bailed To Court | Released after charge and given a date to attend court. This can be with or without bail conditions. | To attend court on the date the custody officer tells you at point of release. |
Final Thoughts
- Police Bail gives structure and oversight, particularly useful when conditions are necessary.
- RUI avoids restrictions—but can leave you stuck without answers or guidance.
- Charged/Bailed To Court – ensures you avoid unnecessary custody while waiting for your hearing.
If you’re unsure what your status means, or what to do next, getting legal advice early is always a wise move.
Legal Aid vs Private Solicitors: Pros, Cons & Pitfalls
Legal Aid: What You Need to Know
What it covers: Legal aid in criminal cases is intended to ensure that people who can’t afford representation still have access to legal advice and defence—crucial under Article 6 of the ECHR, which guarantees a fair trial.
It’s administered by the Legal Aid Agency (LAA), and can cover work by both solicitors and barristers.
Qualification is based on two tests:
- Interests of Justice (IoJ) — ensures legal aid is available if your case could result in a custodial sentence, is serious, or other factors that mean fair representation is needed.
- Means Test — based on your income, capital, and household circumstances. The figures differ depending on whether it’s Magistrates’ Court or Crown Court.
Quick thresholds:
- Magistrates’ Court: Your gross income must usually be under £22,325. If your disposable income (after allowable deductions) is under £3,398, you qualify. Above that, you may have to pay for your defence yourself, unless you pass a hardship review.
- Crown Court: Broadly, if your disposable annual income is under £37,500, you remain eligible. If it’s very low, you won’t have to contribute at all.
Passporting benefits: You automatically get legal aid if you’re under 18 or on certain benefits like Universal Credit, Income Support, JSA, ESA, or Pension Guarantee Credit.
Pros of Legal Aid:
- Low or no cost for those eligible.
- Access to trained and accredited solicitors and counsel.
- Formal funding structure and standards in place.
Cons:
- Strict eligibility— some are excluded due to financial cut-offs especially in the magistrates court.
- The means test hasn’t kept pace with inflation, cutting more people off.
- Fewer legal aid providers in some areas, and low fees can drive lawyers away from taking cases.
Private Solicitors: What to Consider
Pros of hiring privately:
- More solicitor choice and flexibility.
- Often more time and tailored attention, especially for complex cases.
Cons to watch out for:
- Cost can be very high—some private criminal defence can cost thousands.
- Without proper checks, poor service or overcharging is possible. There was the Glanville Davies case, where a solicitor was fined thousands for inflated fees and misconduct.
How Legal Aid Actually Works — In Practice
- The LAA processes most criminal legal aid applications within 2 days.
- During the application, your income, savings, savings from benefits, you and your partner’s situation, plus any children or dependents, are factored in.
- If you don’t qualify, you can request a hardship review—they may reconsider based on essential expenses or costs of the case.
- Certain areas, like advice at the police station or child protection cases, may be non-means tested—meaning legal aid is available regardless of income.
Spotting a Poor or Ineffective Solicitor
Your solicitor should help you feel informed, stretched if needed, and confident. But poor representation can mean actual consequences—even wrongful convictions.
Signs of inadequate representation:
- Poor preparation or missing key witnesses (e.g., a solicitor failing to instruct a crucial alibi witness led to a CCRC referral and overturned conviction).
- Late notice to counsel, insufficient pre-trial work, or failure to review police evidence properly.
- If a solicitor ignores core issues or doesn’t explain your options.
Legally, to overturn a conviction, you must prove:
- The performance was deficient (seriously below standard), and
- This directly caused a miscarriage of justice.
It’s rare for poor representation alone to succeed as a ground for appeal unless it fundamentally undermined the trial’s fairness
If you need some help identifying solicitors that can help then contact us below.
Addressing False Allegations Being accused of something you didn’t do can turn your world upside down. Even if you’re later cleared, the stress, uncertainty, and damage to your reputation can linger long after the legal process ends. It’s an incredibly isolating experience — but you are not alone, and there are practical steps you can take to protect yourself, rebuild trust, and move forward. Understanding the Process When a false allegation is made, the police have a legal duty to investigate. That can mean arrest, interview, and potentially even charges, even when the evidence seems weak. It can be frightening and frustrating, especially if you know you’ve done nothing wrong. Throughout this stage, it’s crucial to: Get proper legal advice early — ideally from a solicitor experienced in these kinds of cases Keep a clear, accurate timeline of events, messages, and evidence Avoid direct contact with the complainant, as this can complicate matters False allegations cases can drag on for months, sometimes years, and the uncertainty is often the hardest part. Knowing your rights and working closely with your legal team can help you navigate the process more confidently. What Happens if You’re NFA’d or Acquitted An NFA (No Further Action) decision or an acquittal at trial should bring closure, but many find that life doesn’t simply return to “normal.” People may still have doubts. Rumours may linger. Employers, schools, or community groups may still need reassurance. This can be painful, but there are steps you can take: Ask the police for written confirmation of the NFA or acquittal — this can help with employment or housing issues Consider requesting your custody records or full case file to keep for future reference Focus on rebuilding your personal and professional reputation gradually, starting with people you trust Reporting a False Allegation It’s natural to want justice if you’ve been wrongly accused, but it’s important to understand that prosecutions for making false allegations are rare. The CPS is cautious about pursuing these cases because of concerns about discouraging genuine victims from coming forward. To succeed, there usually needs to be clear evidence that the allegation was knowingly false — not just mistaken, exaggerated, or unsupported. If you want to explore this route, speak to your solicitor first. They can advise on the chances of success and whether a formal complaint to the police or the Independent Office for Police Conduct (IOPC) might be appropriate. Rebuilding Trust and Moving Forward Whether or not the system gives you the outcome you hoped for, the work of rebuilding often falls on you and those closest to you. That might mean repairing relationships, focusing on your mental health, and connecting with people who understand what you’ve been through. Trusted friends, family, and peer-support spaces — like those linked through the CJS Hub — can be invaluable here. Rebuilding takes time, but it is possible. False allegations can feel devastating, but they don’t have to define the rest of your life. By understanding the process, seeking the right support, and taking steps to restore your confidence and reputation, you can start moving forward again. If you need help navigating your next steps, the CJS Hub is here with resources, guides, and connections to specialist services.
Trial (4)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
What Happens When You Plead Guilty
Pleading guilty means you accept responsibility for the offence. There’s no trial—your case moves straight to sentencing. That might be a fine, community order, or imprisonment depending on the offence’s seriousness.
The big trade-off:
- Sentence reduction. You could get up to one-third off your sentence for an early guilty plea. The earlier it is entered, the bigger the discount. If you plead guilty only on the day of trial, reductions are as low as 10%.
- Practical relief. Especially if you’re on remand, a guilty plea can mean immediate release based on time served. That has become more common as court delays force people to spend much longer behind bars unnecessarily.
But rushing to plead guilty can have deep consequences—emotionally, legally, and ethically.
What Happens When You Plead Not Guilty
Pleading not guilty means your case will go to trial, and the court must find you guilty beyond reasonable doubt.
The benefits:
- Defending your innocence. If there’s a chance you didn’t commit the offence or have a defence, you can challenge evidence and push for acquittal.
The risks:
- If convicted, you may face a harsher sentence than if you had pleaded guilty early, because you lose out on the reduction.
- Court delays and uncertainty. Trials can be pushed back for months or years—delays that damage family life, stability, and mental health.
Real Pressures on the System
Lengthy trials, backlogs, and remand overcrowding have led many people—sometimes even innocent—to plead guilty just to escape prison. Some remand prisoners have been told they will be released immediately if they plead guilty, even if evidence is weak. This creates a system that unwittingly makes guilty pleas seem like the easiest path.
Can You Change Your Plea?
Yes—sometimes.
From Not Guilty to Guilty
Easy enough. You can change your plea to guilty at any point before the verdict. Judges typically allow it, and you may still receive some sentence reduction, depending on timing.
From Guilty to Not Guilty
This is harder—but possible in certain circumstances:
- The court has judicial discretion to allow a plea withdrawal before sentencing, especially if:
- The plea was equivocal (uncertain, e.g., “Guilty, but…”)
- You can point to undue pressure or poor legal advice at the time
- There’s a serious procedural unfairness or new evidence emerges
However, the court treats such requests cautiously. The application must be made promptly and in writing, clearly explaining why keeping the guilty plea would be unjust. You’ll need legal support to make a strong case.
Compare Your Options
| Plea | What It Means | Benefits | Risks |
|---|---|---|---|
| Guilty | Admit offence, go to sentencing | Sentence reduction; quicker release / lower punishment if not prison | Permanent record; loss of trial chance; emotional burden |
| Not Guilty | Contest the case, proceed to trial | Chance of acquittal; defend rights | Heavier sentence if convicted; long waits; uncertainty |
| Change Plea | Switch decisions based on counsel/advice | Flexibility if early | Hard to reverse plea; may need court’s say-so |
Choosing your plea is one of the most serious decisions you’ll make in the process. It affects your freedom, your record, and your mental wellbeing—and indirectly affects your family and supporters too. You don’t have to face it alone. Getting specialist legal advice early is vital—they can help you understand your odds, the evidence, and what life on remand could look like while you’re waiting.
Why Preparation Matters
Facing trial is daunting. It can feel like your whole life is on hold while everyone else decides what happens next. While your legal team handles the paperwork, evidence, and arguments, there’s still plenty you can do to stay informed, organised, and ready.
Preparation isn’t about replacing your solicitor — it’s about making sure you understand what’s happening, know what’s coming next, and can support your defence in the best way possible.
Understanding What’s Ahead
Your trial will follow a structure, and knowing the basics helps reduce some of the fear:
- The prosecution will present their case first.
- Your defence team will challenge their evidence and present yours.
- Witnesses may be called and cross-examined.
- The magistrates or jury will decide if you’re guilty or not guilty.
Your solicitor or barrister will explain the details relevant to your case, but having a rough idea of the process can make things less overwhelming.
What You Can Do to Prepare
1. Stay Organised
- Keep every document you receive — charge sheets, bail conditions, letters from your solicitor or the court.
- Use a simple folder or binder and keep copies of everything in order.
- Make a note of important dates, deadlines, and hearing times.
Even small slips — like missing a court date — can cause serious problems, so staying organised really helps.
2. Be Honest and Thorough with Your Legal Team
Your solicitor can only build a strong defence if they know everything. Even if something feels embarrassing, irrelevant, or damaging, tell them. Surprises in court rarely go well, and your team can’t defend what they don’t know about.
3. Think About Witnesses and Evidence
You don’t have to collect statements or prepare bundles — your legal team will handle that — but you can:
- Make a list of anyone who was there, saw, or heard something relevant.
- Pass on names, phone numbers, and what they might know to your solicitor.
- Flag any texts, emails, or social media messages you think matter. Don’t delete anything.
Your job isn’t to analyse evidence; it’s to make sure your solicitor has all the information they need.
4. Prepare Yourself Mentally
Trials can be draining. The process is slow, the days are long, and you’ll likely hear things said about you that are upsetting or unfair.
- Get plenty of rest beforehand if you can.
- Bring water and snacks if allowed — trials can run all day.
- Have someone you trust to talk to afterwards — family, friends, or a support group.
- Consider accessing mental health support; the stress of waiting can take a real toll.
5. Support Your Family and Let Them Support You
If you have children, a partner, or family relying on you, talk to them early about what’s coming. Trials affect everyone — not just the defendant — and having a plan for childcare, bills, and emotional support can make a big difference.
Common Worries — And What to Do About Them
“I feel like I’m not getting updates.”
It’s okay to check in with your solicitor and ask for a clear breakdown of where things stand.
“I don’t understand what’s happening in court.”
Ask your legal team to explain things in plain English. They’re used to jargon — you’re not.
“I’m worried about what to say if I’m called to give evidence.”
Your solicitor or barrister will explain exactly what’s expected and prepare you before you step into the witness box.
Quick Checklist for Defendants
- Keep all paperwork safe and organised.
- Share every detail and document with your solicitor.
- Write down witness names and pass them on — don’t contact witnesses yourself.
- Note down all court dates and deadlines.
- Prepare emotionally — trials can be long and stressful.
- Talk openly with family and supporters.
- Ask questions until you understand what’s happening.
Understanding Your Charges
How Charges Are Issued
When the police or prosecutors decide there’s enough evidence, a formal charge can be issued in one of three ways:
- Custody Charge
If the police have you in custody, a Custody Officer decides whether there’s enough evidence to press charges. If so, you’ll be charged and either released—possibly on police bail or “Released Under Investigation (RUI)”—or kept in custody until your court appearance. Detention must be reviewed regularly and can last up to 96 hours in most cases. - Postal Requisition (Postal Charge)
If you’re not arrested, a Postal Requisition (also called a postal charge) may be sent—especially if you were interviewed under caution or released under investigation. It’s a legal document telling you to appear at a Magistrates’ Court on a specified date. Never ignore one—failing to attend can lead to an arrest warrant. - Court Charge—Typically via Solicitor or CPS
In some cases, particularly more serious ones, the Crown Prosecution Service (CPS) steps in. Prosecutors apply a full test: (1) is there a realistic prospect of conviction, and (2) is prosecution in the public interest? If not, they may decline to charge or offer an alternative, like a caution.
Once the decision to charge is made, the CPS or police sets your first court date—within days or weeks, depending on how serious the case is and whether you’re in custody or on bail.
Reading the Charge Sheet
A charge sheet is the document that officially records what you’re being accused of. It should clearly state:
- The offence(s) you’re charged with,
- Where and when the alleged offence happened,
- What laws you’re accused of breaking.
This is your first real window into what you’re facing.
Take it seriously—get legal advice, check the details, and clarify anything you don’t understand.
What Happens Next—and Who You’ll See First
All criminal cases in England and Wales start in the Magistrates’ Court, even if they eventually go to Crown Court. If it’s a minor offence, the trial may stay here. If it’s more serious—or deemed too complex—the Magistrates will send it up to Crown Court.
Wikipedia
At your first hearing, called a Plea and Trial Preparation Hearing (PTPH), the court clerk will read your charges out loud (called an “indictment”) and ask whether you plead guilty or not guilty.
cps.gov.uk
What You Can Do Next
- Understand the type of charge—custody, postal, or court-based—and whether it means you’re already in custody or not.
- Read the charge sheet carefully. It defines the case.
- Know where your case starts—most will begin in Magistrates’ Court.
- Seek legal help early. It makes a real difference to how your case is handled.
- Don’t ignore any notifications—especially postal charges.
Well Being (2)
Why Preparation Matters
Facing trial is daunting. It can feel like your whole life is on hold while everyone else decides what happens next. While your legal team handles the paperwork, evidence, and arguments, there’s still plenty you can do to stay informed, organised, and ready.
Preparation isn’t about replacing your solicitor — it’s about making sure you understand what’s happening, know what’s coming next, and can support your defence in the best way possible.
Understanding What’s Ahead
Your trial will follow a structure, and knowing the basics helps reduce some of the fear:
- The prosecution will present their case first.
- Your defence team will challenge their evidence and present yours.
- Witnesses may be called and cross-examined.
- The magistrates or jury will decide if you’re guilty or not guilty.
Your solicitor or barrister will explain the details relevant to your case, but having a rough idea of the process can make things less overwhelming.
What You Can Do to Prepare
1. Stay Organised
- Keep every document you receive — charge sheets, bail conditions, letters from your solicitor or the court.
- Use a simple folder or binder and keep copies of everything in order.
- Make a note of important dates, deadlines, and hearing times.
Even small slips — like missing a court date — can cause serious problems, so staying organised really helps.
2. Be Honest and Thorough with Your Legal Team
Your solicitor can only build a strong defence if they know everything. Even if something feels embarrassing, irrelevant, or damaging, tell them. Surprises in court rarely go well, and your team can’t defend what they don’t know about.
3. Think About Witnesses and Evidence
You don’t have to collect statements or prepare bundles — your legal team will handle that — but you can:
- Make a list of anyone who was there, saw, or heard something relevant.
- Pass on names, phone numbers, and what they might know to your solicitor.
- Flag any texts, emails, or social media messages you think matter. Don’t delete anything.
Your job isn’t to analyse evidence; it’s to make sure your solicitor has all the information they need.
4. Prepare Yourself Mentally
Trials can be draining. The process is slow, the days are long, and you’ll likely hear things said about you that are upsetting or unfair.
- Get plenty of rest beforehand if you can.
- Bring water and snacks if allowed — trials can run all day.
- Have someone you trust to talk to afterwards — family, friends, or a support group.
- Consider accessing mental health support; the stress of waiting can take a real toll.
5. Support Your Family and Let Them Support You
If you have children, a partner, or family relying on you, talk to them early about what’s coming. Trials affect everyone — not just the defendant — and having a plan for childcare, bills, and emotional support can make a big difference.
Common Worries — And What to Do About Them
“I feel like I’m not getting updates.”
It’s okay to check in with your solicitor and ask for a clear breakdown of where things stand.
“I don’t understand what’s happening in court.”
Ask your legal team to explain things in plain English. They’re used to jargon — you’re not.
“I’m worried about what to say if I’m called to give evidence.”
Your solicitor or barrister will explain exactly what’s expected and prepare you before you step into the witness box.
Quick Checklist for Defendants
- Keep all paperwork safe and organised.
- Share every detail and document with your solicitor.
- Write down witness names and pass them on — don’t contact witnesses yourself.
- Note down all court dates and deadlines.
- Prepare emotionally — trials can be long and stressful.
- Talk openly with family and supporters.
- Ask questions until you understand what’s happening.
Supporting Someone During Court Proceedings
When someone you care about is facing court, it’s natural to feel anxious, overwhelmed, and unsure of what to expect. Courtrooms can seem intimidating, especially if you’ve never set foot in one before. You’re there to support them, but you might also be juggling your own fears, confusion, and frustration.
This page is here to guide you through the process — from understanding what’s likely to happen on the day to preparing yourself emotionally and practically so you can be the strongest support possible.
Understanding the Court Journey
Every case is different, but once someone has been charged, the process generally starts in the magistrates’ court, even for more serious offences. The first appearance often feels rushed, but important things can happen: bail decisions, plea entry, or setting the next hearing date.
After that, the case may stay in magistrates’ or move to the Crown Court if it’s more serious. Crown Court hearings involve judges, barristers, juries, and can stretch over weeks or even months. For families and friends, it can feel like a constant cycle of waiting, worrying, and reacting — especially when hearings are adjourned or decisions get delayed.
Knowing roughly where your loved one’s case sits in the process can make the experience feel less overwhelming.
How You Can Help Before the Hearing
Practical preparation goes a long way. Being organised and calm can make the day less stressful for both you and the person facing court. Make sure you know where the court is, what time to arrive, and whether there are any documents or forms your loved one needs to bring. If bail conditions apply, double-check they aren’t breached — arriving early or going somewhere restricted can cause problems.
It can also help to talk things through in advance. Discuss whether they want you in the courtroom, where you’ll sit, and how you can best support them on the day. Sometimes just knowing you’ll be there in the building makes a massive difference.
What to Expect on the Day
Courts can feel tense and confusing. Security checks happen at the entrance, and once you’re inside, the environment can be busy and noisy. You might have long periods of waiting, especially if there are delays in the list.
Inside the courtroom, proceedings are formal, but you don’t need to understand every word — your presence alone can be a powerful source of comfort. Some supporters sit quietly in the gallery; others wait outside if that feels less overwhelming for the person on trial. Both are fine — what matters is showing them they’re not alone.
Emotional Support Through the Process
Watching someone you care about stand in court can be exhausting. You may hear things said about them — or about events — that are upsetting or hard to listen to. You may feel angry at the system, frustrated by delays, or helpless when you want answers you don’t have. These reactions are completely normal.
Be gentle with yourself as well as with them. Lean on friends, family, or peer support groups if you need to talk it through. Supporting someone through court isn’t just about showing up physically — it’s about managing your own emotional energy so you can keep being there when it matters most.
After the Hearing
Court outcomes vary. Sometimes your loved one will leave with relief; other times, the process will move forward and there’ll be another hearing to prepare for. Decisions about bail, trial dates, or sentencing can have a massive impact on everyone involved.
Whatever happens, try to focus on what comes next rather than everything at once. Each stage has its own challenges, and getting clear, steady information can make those challenges easier to handle.
Supporting someone through court is one of the hardest things you can do. It demands patience, resilience, and emotional strength — but it also makes a real difference. Simply being there, understanding the process, and helping with the practicalities can help your loved one feel less alone in one of the most stressful periods of their life.
And remember, your well-being matters too. The CJS Hub is here to provide resources, guidance, and community for anyone navigating the court system — whether you’re the one in the dock or the one standing by their side.