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Barristers (3)
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.
Why Legal Representation Matters
Being arrested, questioned, or charged can feel overwhelming, and the choices you make early on can have lasting consequences. Having the right legal representation ensures your rights are protected and that you receive the strongest advice at every stage of the process.
A good solicitor will guide you through what’s happening, explain your options clearly, and make sure the police and prosecution follow proper procedure. Without specialist advice, people often make avoidable mistakes — especially in interviews or when making key decisions.
Free Legal Advice at the Police Station
Everyone in England and Wales has the right to free legal advice at the police station. This applies whether you’ve been arrested or are attending voluntarily. You should always ask for a solicitor before answering questions.
If you haven’t arranged your own, the police will provide access to a duty solicitor at no cost. They are independent of the police and there to protect your rights. However, duty solicitors often cover several clients at once and may only become involved just before your interview.
For many people, arranging your own solicitor provides more continuity, personal attention, and the chance to work with someone who already knows your case from the outset.
After Being Charged
If you’re charged with an offence, you’ll usually have access to means‑tested legal aid. This applies whether your case goes to the Magistrates’ Court or the Crown Court.
Even if you qualify for legal aid, you are not limited to the solicitor provided by the duty rota — you can choose your own representation. Some people still choose to fund representation privately at this stage because it can provide additional flexibility, resources, and faster access to senior lawyers or barristers.
Benefits of Private Representation
Private legal representation isn’t necessary for everyone, but it can offer several advantages, particularly in complex or serious cases:
- Time and Focus – Privately funded solicitors often manage smaller caseloads, meaning more time is available to focus on your case.
- Choice of Representation – You can choose a solicitor or firm with proven expertise in cases like yours rather than relying on whoever is available on the day.
- Continuity – You’re more likely to have the same solicitor involved throughout the process, from initial advice to trial preparation.
- Access to Expertise – Private funding gives greater flexibility to instruct highly experienced barristers, independent experts, and investigators where needed.
- Responsive Support – Without the constraints of legal aid budgets, private solicitors can often act more quickly when new developments arise.
Choosing the Right Solicitor
Selecting the right solicitor is one of the most important decisions you’ll make. When deciding who to instruct, consider:
- Specialism – Do they focus on criminal defence work?
- Experience – Have they handled cases similar to yours?
- Reputation – Are they known for being thorough, proactive, and approachable?
- Resources – Do they have access to skilled barristers, experts, and investigators if your case needs them?
At The CJS Hub, we work alongside reputable firms who understand the complexities of the criminal justice system and provide high‑quality representation when it matters most.
Key Takeaways
- Always ask for a solicitor as soon as possible — ideally before answering any police questions.
- Free legal advice is available to everyone at the police station, regardless of your financial situation.
- After being charged, legal aid may be available, but you can still choose your own solicitor.
- Private representation can offer added focus, faster response times, and more flexibility — particularly useful for complex or high‑stakes cases.
- Choosing a solicitor with the right experience and resources can make a significant difference to how your case is handled.
Why Legal Representation Matters
Being arrested, questioned, or charged can feel overwhelming, and the choices you make early on can have lasting consequences. Having the right legal representation ensures your rights are protected and that you receive the strongest advice at every stage of the process.
A good solicitor will guide you through what’s happening, explain your options clearly, and make sure the police and prosecution follow proper procedure. Without specialist advice, people often make avoidable mistakes — especially in interviews or when making key decisions.
Free Legal Advice at the Police Station
Everyone in England and Wales has the right to free legal advice at the police station. This applies whether you’ve been arrested or are attending voluntarily. You should always ask for a solicitor before answering questions.
If you haven’t arranged your own, the police will provide access to a duty solicitor at no cost. They are independent of the police and there to protect your rights. However, duty solicitors often cover several clients at once and may only become involved just before your interview.
For many people, arranging your own solicitor provides more continuity, personal attention, and the chance to work with someone who already knows your case from the outset.
After Being Charged
If you’re charged with an offence, you’ll usually have access to means‑tested legal aid. This applies whether your case goes to the Magistrates’ Court or the Crown Court.
Even if you qualify for legal aid, you are not limited to the solicitor provided by the duty rota — you can choose your own representation. Some people still choose to fund representation privately at this stage because it can provide additional flexibility, resources, and faster access to senior lawyers or barristers.
Benefits of Private Representation
Private legal representation isn’t necessary for everyone, but it can offer several advantages, particularly in complex or serious cases:
- Time and Focus – Privately funded solicitors often manage smaller caseloads, meaning more time is available to focus on your case.
- Choice of Representation – You can choose a solicitor or firm with proven expertise in cases like yours rather than relying on whoever is available on the day.
- Continuity – You’re more likely to have the same solicitor involved throughout the process, from initial advice to trial preparation.
- Access to Expertise – Private funding gives greater flexibility to instruct highly experienced barristers, independent experts, and investigators where needed.
- Responsive Support – Without the constraints of legal aid budgets, private solicitors can often act more quickly when new developments arise.
Choosing the Right Solicitor
Selecting the right solicitor is one of the most important decisions you’ll make. When deciding who to instruct, consider:
- Specialism – Do they focus on criminal defence work?
- Experience – Have they handled cases similar to yours?
- Reputation – Are they known for being thorough, proactive, and approachable?
- Resources – Do they have access to skilled barristers, experts, and investigators if your case needs them?
At The CJS Hub, we work alongside reputable firms who understand the complexities of the criminal justice system and provide high‑quality representation when it matters most.
Key Takeaways
- Always ask for a solicitor as soon as possible — ideally before answering any police questions.
- Free legal advice is available to everyone at the police station, regardless of your financial situation.
- After being charged, legal aid may be available, but you can still choose your own solicitor.
- Private representation can offer added focus, faster response times, and more flexibility — particularly useful for complex or high‑stakes cases.
- Choosing a solicitor with the right experience and resources can make a significant difference to how your case is handled.
Case Preperation (6)
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 |
| Release Under Investigation (RUI) | Released without conditions or time limits | No time limits, no conditions; can feel indefinite |
| Post-Charge Court Bail | Released after charge while awaiting court | Set by court, conditions may apply |
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.
- Court Bail 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.
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.
Why Legal Representation Matters
Being arrested, questioned, or charged can feel overwhelming, and the choices you make early on can have lasting consequences. Having the right legal representation ensures your rights are protected and that you receive the strongest advice at every stage of the process.
A good solicitor will guide you through what’s happening, explain your options clearly, and make sure the police and prosecution follow proper procedure. Without specialist advice, people often make avoidable mistakes — especially in interviews or when making key decisions.
Free Legal Advice at the Police Station
Everyone in England and Wales has the right to free legal advice at the police station. This applies whether you’ve been arrested or are attending voluntarily. You should always ask for a solicitor before answering questions.
If you haven’t arranged your own, the police will provide access to a duty solicitor at no cost. They are independent of the police and there to protect your rights. However, duty solicitors often cover several clients at once and may only become involved just before your interview.
For many people, arranging your own solicitor provides more continuity, personal attention, and the chance to work with someone who already knows your case from the outset.
After Being Charged
If you’re charged with an offence, you’ll usually have access to means‑tested legal aid. This applies whether your case goes to the Magistrates’ Court or the Crown Court.
Even if you qualify for legal aid, you are not limited to the solicitor provided by the duty rota — you can choose your own representation. Some people still choose to fund representation privately at this stage because it can provide additional flexibility, resources, and faster access to senior lawyers or barristers.
Benefits of Private Representation
Private legal representation isn’t necessary for everyone, but it can offer several advantages, particularly in complex or serious cases:
- Time and Focus – Privately funded solicitors often manage smaller caseloads, meaning more time is available to focus on your case.
- Choice of Representation – You can choose a solicitor or firm with proven expertise in cases like yours rather than relying on whoever is available on the day.
- Continuity – You’re more likely to have the same solicitor involved throughout the process, from initial advice to trial preparation.
- Access to Expertise – Private funding gives greater flexibility to instruct highly experienced barristers, independent experts, and investigators where needed.
- Responsive Support – Without the constraints of legal aid budgets, private solicitors can often act more quickly when new developments arise.
Choosing the Right Solicitor
Selecting the right solicitor is one of the most important decisions you’ll make. When deciding who to instruct, consider:
- Specialism – Do they focus on criminal defence work?
- Experience – Have they handled cases similar to yours?
- Reputation – Are they known for being thorough, proactive, and approachable?
- Resources – Do they have access to skilled barristers, experts, and investigators if your case needs them?
At The CJS Hub, we work alongside reputable firms who understand the complexities of the criminal justice system and provide high‑quality representation when it matters most.
Key Takeaways
- Always ask for a solicitor as soon as possible — ideally before answering any police questions.
- Free legal advice is available to everyone at the police station, regardless of your financial situation.
- After being charged, legal aid may be available, but you can still choose your own solicitor.
- Private representation can offer added focus, faster response times, and more flexibility — particularly useful for complex or high‑stakes cases.
- Choosing a solicitor with the right experience and resources can make a significant difference to how your case is handled.
Court (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.
Investigations (7)
When someone is arrested in England and Wales, it unfolds through a number of distinct stages—each one governed by law and designed to protect both your rights and the integrity of the criminal justice process.
1. Grounds for Arrest
A police officer can arrest you without a warrant if they reasonably suspect it’s necessary—for example, if you’ve committed or are about to commit an offence, or to confirm your identity or prevent harm or interference with evidence. These powers are laid out in Section 24 of the Police and Criminal Evidence Act 1984 (PACE).
2. Informing You of the Arrest
Once arrested, the officer must inform you that you are being arrested, as soon as is reasonably practicable. They must also explain the grounds of the arrest—like referencing the suspected offence.
3. Arrival at the Police Station & Custody
You’ll be taken to a police station where a custody officer takes over. They record and may seize any items you have—if they believe those items may pose a risk or are relevant evidence.
4. Being Questioned and Your Rights
You have the right to legal advice, and to remain silent—there’s no obligation to answer questions. If you’re under 18 or considered vulnerable, an “appropriate adult” must be present to help safeguard your rights and welfare.
5. Detention Time Limits
There are strict time limits during which the police can lawfully hold you before charging or releasing you. These timeframes are set under PACE and follow-up legislation—they’re designed to prevent indefinite detention without charge.
6. Charging, Bail, or Release
Once in custody, police will decide with the Crown Prosecution Service (CPS) whether to charge you. For serious offences, charging decisions rest with the CPS; for less serious ones, police can proceed without CPS input. You may then be released on bail with conditions or kept in custody until your first court hearing.
When someone is arrested in England and Wales, it unfolds through a number of distinct stages—each one governed by law and designed to protect both your rights and the integrity of the criminal justice process.
1. Grounds for Arrest
A police officer can arrest you without a warrant if they reasonably suspect it’s necessary—for example, if you’ve committed or are about to commit an offence, or to confirm your identity or prevent harm or interference with evidence. These powers are laid out in Section 24 of the Police and Criminal Evidence Act 1984 (PACE).
2. Informing You of the Arrest
Once arrested, the officer must inform you that you are being arrested, as soon as is reasonably practicable. They must also explain the grounds of the arrest—like referencing the suspected offence.
3. Arrival at the Police Station & Custody
You’ll be taken to a police station where a custody officer takes over. They record and may seize any items you have—if they believe those items may pose a risk or are relevant evidence.
4. Being Questioned and Your Rights
You have the right to legal advice, and to remain silent—there’s no obligation to answer questions. If you’re under 18 or considered vulnerable, an “appropriate adult” must be present to help safeguard your rights and welfare.
5. Detention Time Limits
There are strict time limits during which the police can lawfully hold you before charging or releasing you. These timeframes are set under PACE and follow-up legislation—they’re designed to prevent indefinite detention without charge.
6. Charging, Bail, or Release
Once in custody, police will decide with the Crown Prosecution Service (CPS) whether to charge you. For serious offences, charging decisions rest with the CPS; for less serious ones, police can proceed without CPS input. You may then be released on bail with conditions or kept in custody until your first court hearing.
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 |
| Release Under Investigation (RUI) | Released without conditions or time limits | No time limits, no conditions; can feel indefinite |
| Post-Charge Court Bail | Released after charge while awaiting court | Set by court, conditions may apply |
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.
- Court Bail 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.
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 Legal Representation Matters
Being arrested, questioned, or charged can feel overwhelming, and the choices you make early on can have lasting consequences. Having the right legal representation ensures your rights are protected and that you receive the strongest advice at every stage of the process.
A good solicitor will guide you through what’s happening, explain your options clearly, and make sure the police and prosecution follow proper procedure. Without specialist advice, people often make avoidable mistakes — especially in interviews or when making key decisions.
Free Legal Advice at the Police Station
Everyone in England and Wales has the right to free legal advice at the police station. This applies whether you’ve been arrested or are attending voluntarily. You should always ask for a solicitor before answering questions.
If you haven’t arranged your own, the police will provide access to a duty solicitor at no cost. They are independent of the police and there to protect your rights. However, duty solicitors often cover several clients at once and may only become involved just before your interview.
For many people, arranging your own solicitor provides more continuity, personal attention, and the chance to work with someone who already knows your case from the outset.
After Being Charged
If you’re charged with an offence, you’ll usually have access to means‑tested legal aid. This applies whether your case goes to the Magistrates’ Court or the Crown Court.
Even if you qualify for legal aid, you are not limited to the solicitor provided by the duty rota — you can choose your own representation. Some people still choose to fund representation privately at this stage because it can provide additional flexibility, resources, and faster access to senior lawyers or barristers.
Benefits of Private Representation
Private legal representation isn’t necessary for everyone, but it can offer several advantages, particularly in complex or serious cases:
- Time and Focus – Privately funded solicitors often manage smaller caseloads, meaning more time is available to focus on your case.
- Choice of Representation – You can choose a solicitor or firm with proven expertise in cases like yours rather than relying on whoever is available on the day.
- Continuity – You’re more likely to have the same solicitor involved throughout the process, from initial advice to trial preparation.
- Access to Expertise – Private funding gives greater flexibility to instruct highly experienced barristers, independent experts, and investigators where needed.
- Responsive Support – Without the constraints of legal aid budgets, private solicitors can often act more quickly when new developments arise.
Choosing the Right Solicitor
Selecting the right solicitor is one of the most important decisions you’ll make. When deciding who to instruct, consider:
- Specialism – Do they focus on criminal defence work?
- Experience – Have they handled cases similar to yours?
- Reputation – Are they known for being thorough, proactive, and approachable?
- Resources – Do they have access to skilled barristers, experts, and investigators if your case needs them?
At The CJS Hub, we work alongside reputable firms who understand the complexities of the criminal justice system and provide high‑quality representation when it matters most.
Key Takeaways
- Always ask for a solicitor as soon as possible — ideally before answering any police questions.
- Free legal advice is available to everyone at the police station, regardless of your financial situation.
- After being charged, legal aid may be available, but you can still choose your own solicitor.
- Private representation can offer added focus, faster response times, and more flexibility — particularly useful for complex or high‑stakes cases.
- Choosing a solicitor with the right experience and resources can make a significant difference to how your case is handled.
Why Legal Representation Matters
Being arrested, questioned, or charged can feel overwhelming, and the choices you make early on can have lasting consequences. Having the right legal representation ensures your rights are protected and that you receive the strongest advice at every stage of the process.
A good solicitor will guide you through what’s happening, explain your options clearly, and make sure the police and prosecution follow proper procedure. Without specialist advice, people often make avoidable mistakes — especially in interviews or when making key decisions.
Free Legal Advice at the Police Station
Everyone in England and Wales has the right to free legal advice at the police station. This applies whether you’ve been arrested or are attending voluntarily. You should always ask for a solicitor before answering questions.
If you haven’t arranged your own, the police will provide access to a duty solicitor at no cost. They are independent of the police and there to protect your rights. However, duty solicitors often cover several clients at once and may only become involved just before your interview.
For many people, arranging your own solicitor provides more continuity, personal attention, and the chance to work with someone who already knows your case from the outset.
After Being Charged
If you’re charged with an offence, you’ll usually have access to means‑tested legal aid. This applies whether your case goes to the Magistrates’ Court or the Crown Court.
Even if you qualify for legal aid, you are not limited to the solicitor provided by the duty rota — you can choose your own representation. Some people still choose to fund representation privately at this stage because it can provide additional flexibility, resources, and faster access to senior lawyers or barristers.
Benefits of Private Representation
Private legal representation isn’t necessary for everyone, but it can offer several advantages, particularly in complex or serious cases:
- Time and Focus – Privately funded solicitors often manage smaller caseloads, meaning more time is available to focus on your case.
- Choice of Representation – You can choose a solicitor or firm with proven expertise in cases like yours rather than relying on whoever is available on the day.
- Continuity – You’re more likely to have the same solicitor involved throughout the process, from initial advice to trial preparation.
- Access to Expertise – Private funding gives greater flexibility to instruct highly experienced barristers, independent experts, and investigators where needed.
- Responsive Support – Without the constraints of legal aid budgets, private solicitors can often act more quickly when new developments arise.
Choosing the Right Solicitor
Selecting the right solicitor is one of the most important decisions you’ll make. When deciding who to instruct, consider:
- Specialism – Do they focus on criminal defence work?
- Experience – Have they handled cases similar to yours?
- Reputation – Are they known for being thorough, proactive, and approachable?
- Resources – Do they have access to skilled barristers, experts, and investigators if your case needs them?
At The CJS Hub, we work alongside reputable firms who understand the complexities of the criminal justice system and provide high‑quality representation when it matters most.
Key Takeaways
- Always ask for a solicitor as soon as possible — ideally before answering any police questions.
- Free legal advice is available to everyone at the police station, regardless of your financial situation.
- After being charged, legal aid may be available, but you can still choose your own solicitor.
- Private representation can offer added focus, faster response times, and more flexibility — particularly useful for complex or high‑stakes cases.
- Choosing a solicitor with the right experience and resources can make a significant difference to how your case is handled.
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 (7)
When someone is arrested in England and Wales, it unfolds through a number of distinct stages—each one governed by law and designed to protect both your rights and the integrity of the criminal justice process.
1. Grounds for Arrest
A police officer can arrest you without a warrant if they reasonably suspect it’s necessary—for example, if you’ve committed or are about to commit an offence, or to confirm your identity or prevent harm or interference with evidence. These powers are laid out in Section 24 of the Police and Criminal Evidence Act 1984 (PACE).
2. Informing You of the Arrest
Once arrested, the officer must inform you that you are being arrested, as soon as is reasonably practicable. They must also explain the grounds of the arrest—like referencing the suspected offence.
3. Arrival at the Police Station & Custody
You’ll be taken to a police station where a custody officer takes over. They record and may seize any items you have—if they believe those items may pose a risk or are relevant evidence.
4. Being Questioned and Your Rights
You have the right to legal advice, and to remain silent—there’s no obligation to answer questions. If you’re under 18 or considered vulnerable, an “appropriate adult” must be present to help safeguard your rights and welfare.
5. Detention Time Limits
There are strict time limits during which the police can lawfully hold you before charging or releasing you. These timeframes are set under PACE and follow-up legislation—they’re designed to prevent indefinite detention without charge.
6. Charging, Bail, or Release
Once in custody, police will decide with the Crown Prosecution Service (CPS) whether to charge you. For serious offences, charging decisions rest with the CPS; for less serious ones, police can proceed without CPS input. You may then be released on bail with conditions or kept in custody until your first court hearing.
When someone is arrested in England and Wales, it unfolds through a number of distinct stages—each one governed by law and designed to protect both your rights and the integrity of the criminal justice process.
1. Grounds for Arrest
A police officer can arrest you without a warrant if they reasonably suspect it’s necessary—for example, if you’ve committed or are about to commit an offence, or to confirm your identity or prevent harm or interference with evidence. These powers are laid out in Section 24 of the Police and Criminal Evidence Act 1984 (PACE).
2. Informing You of the Arrest
Once arrested, the officer must inform you that you are being arrested, as soon as is reasonably practicable. They must also explain the grounds of the arrest—like referencing the suspected offence.
3. Arrival at the Police Station & Custody
You’ll be taken to a police station where a custody officer takes over. They record and may seize any items you have—if they believe those items may pose a risk or are relevant evidence.
4. Being Questioned and Your Rights
You have the right to legal advice, and to remain silent—there’s no obligation to answer questions. If you’re under 18 or considered vulnerable, an “appropriate adult” must be present to help safeguard your rights and welfare.
5. Detention Time Limits
There are strict time limits during which the police can lawfully hold you before charging or releasing you. These timeframes are set under PACE and follow-up legislation—they’re designed to prevent indefinite detention without charge.
6. Charging, Bail, or Release
Once in custody, police will decide with the Crown Prosecution Service (CPS) whether to charge you. For serious offences, charging decisions rest with the CPS; for less serious ones, police can proceed without CPS input. You may then be released on bail with conditions or kept in custody until your first court hearing.
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 |
| Release Under Investigation (RUI) | Released without conditions or time limits | No time limits, no conditions; can feel indefinite |
| Post-Charge Court Bail | Released after charge while awaiting court | Set by court, conditions may apply |
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.
- Court Bail 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.
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.
Prison (1)
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.
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 (9)
When someone is arrested in England and Wales, it unfolds through a number of distinct stages—each one governed by law and designed to protect both your rights and the integrity of the criminal justice process.
1. Grounds for Arrest
A police officer can arrest you without a warrant if they reasonably suspect it’s necessary—for example, if you’ve committed or are about to commit an offence, or to confirm your identity or prevent harm or interference with evidence. These powers are laid out in Section 24 of the Police and Criminal Evidence Act 1984 (PACE).
2. Informing You of the Arrest
Once arrested, the officer must inform you that you are being arrested, as soon as is reasonably practicable. They must also explain the grounds of the arrest—like referencing the suspected offence.
3. Arrival at the Police Station & Custody
You’ll be taken to a police station where a custody officer takes over. They record and may seize any items you have—if they believe those items may pose a risk or are relevant evidence.
4. Being Questioned and Your Rights
You have the right to legal advice, and to remain silent—there’s no obligation to answer questions. If you’re under 18 or considered vulnerable, an “appropriate adult” must be present to help safeguard your rights and welfare.
5. Detention Time Limits
There are strict time limits during which the police can lawfully hold you before charging or releasing you. These timeframes are set under PACE and follow-up legislation—they’re designed to prevent indefinite detention without charge.
6. Charging, Bail, or Release
Once in custody, police will decide with the Crown Prosecution Service (CPS) whether to charge you. For serious offences, charging decisions rest with the CPS; for less serious ones, police can proceed without CPS input. You may then be released on bail with conditions or kept in custody until your first court hearing.
When someone is arrested in England and Wales, it unfolds through a number of distinct stages—each one governed by law and designed to protect both your rights and the integrity of the criminal justice process.
1. Grounds for Arrest
A police officer can arrest you without a warrant if they reasonably suspect it’s necessary—for example, if you’ve committed or are about to commit an offence, or to confirm your identity or prevent harm or interference with evidence. These powers are laid out in Section 24 of the Police and Criminal Evidence Act 1984 (PACE).
2. Informing You of the Arrest
Once arrested, the officer must inform you that you are being arrested, as soon as is reasonably practicable. They must also explain the grounds of the arrest—like referencing the suspected offence.
3. Arrival at the Police Station & Custody
You’ll be taken to a police station where a custody officer takes over. They record and may seize any items you have—if they believe those items may pose a risk or are relevant evidence.
4. Being Questioned and Your Rights
You have the right to legal advice, and to remain silent—there’s no obligation to answer questions. If you’re under 18 or considered vulnerable, an “appropriate adult” must be present to help safeguard your rights and welfare.
5. Detention Time Limits
There are strict time limits during which the police can lawfully hold you before charging or releasing you. These timeframes are set under PACE and follow-up legislation—they’re designed to prevent indefinite detention without charge.
6. Charging, Bail, or Release
Once in custody, police will decide with the Crown Prosecution Service (CPS) whether to charge you. For serious offences, charging decisions rest with the CPS; for less serious ones, police can proceed without CPS input. You may then be released on bail with conditions or kept in custody until your first court hearing.
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 |
| Release Under Investigation (RUI) | Released without conditions or time limits | No time limits, no conditions; can feel indefinite |
| Post-Charge Court Bail | Released after charge while awaiting court | Set by court, conditions may apply |
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.
- Court Bail 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.
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.
Why Legal Representation Matters
Being arrested, questioned, or charged can feel overwhelming, and the choices you make early on can have lasting consequences. Having the right legal representation ensures your rights are protected and that you receive the strongest advice at every stage of the process.
A good solicitor will guide you through what’s happening, explain your options clearly, and make sure the police and prosecution follow proper procedure. Without specialist advice, people often make avoidable mistakes — especially in interviews or when making key decisions.
Free Legal Advice at the Police Station
Everyone in England and Wales has the right to free legal advice at the police station. This applies whether you’ve been arrested or are attending voluntarily. You should always ask for a solicitor before answering questions.
If you haven’t arranged your own, the police will provide access to a duty solicitor at no cost. They are independent of the police and there to protect your rights. However, duty solicitors often cover several clients at once and may only become involved just before your interview.
For many people, arranging your own solicitor provides more continuity, personal attention, and the chance to work with someone who already knows your case from the outset.
After Being Charged
If you’re charged with an offence, you’ll usually have access to means‑tested legal aid. This applies whether your case goes to the Magistrates’ Court or the Crown Court.
Even if you qualify for legal aid, you are not limited to the solicitor provided by the duty rota — you can choose your own representation. Some people still choose to fund representation privately at this stage because it can provide additional flexibility, resources, and faster access to senior lawyers or barristers.
Benefits of Private Representation
Private legal representation isn’t necessary for everyone, but it can offer several advantages, particularly in complex or serious cases:
- Time and Focus – Privately funded solicitors often manage smaller caseloads, meaning more time is available to focus on your case.
- Choice of Representation – You can choose a solicitor or firm with proven expertise in cases like yours rather than relying on whoever is available on the day.
- Continuity – You’re more likely to have the same solicitor involved throughout the process, from initial advice to trial preparation.
- Access to Expertise – Private funding gives greater flexibility to instruct highly experienced barristers, independent experts, and investigators where needed.
- Responsive Support – Without the constraints of legal aid budgets, private solicitors can often act more quickly when new developments arise.
Choosing the Right Solicitor
Selecting the right solicitor is one of the most important decisions you’ll make. When deciding who to instruct, consider:
- Specialism – Do they focus on criminal defence work?
- Experience – Have they handled cases similar to yours?
- Reputation – Are they known for being thorough, proactive, and approachable?
- Resources – Do they have access to skilled barristers, experts, and investigators if your case needs them?
At The CJS Hub, we work alongside reputable firms who understand the complexities of the criminal justice system and provide high‑quality representation when it matters most.
Key Takeaways
- Always ask for a solicitor as soon as possible — ideally before answering any police questions.
- Free legal advice is available to everyone at the police station, regardless of your financial situation.
- After being charged, legal aid may be available, but you can still choose your own solicitor.
- Private representation can offer added focus, faster response times, and more flexibility — particularly useful for complex or high‑stakes cases.
- Choosing a solicitor with the right experience and resources can make a significant difference to how your case is handled.
Why Legal Representation Matters
Being arrested, questioned, or charged can feel overwhelming, and the choices you make early on can have lasting consequences. Having the right legal representation ensures your rights are protected and that you receive the strongest advice at every stage of the process.
A good solicitor will guide you through what’s happening, explain your options clearly, and make sure the police and prosecution follow proper procedure. Without specialist advice, people often make avoidable mistakes — especially in interviews or when making key decisions.
Free Legal Advice at the Police Station
Everyone in England and Wales has the right to free legal advice at the police station. This applies whether you’ve been arrested or are attending voluntarily. You should always ask for a solicitor before answering questions.
If you haven’t arranged your own, the police will provide access to a duty solicitor at no cost. They are independent of the police and there to protect your rights. However, duty solicitors often cover several clients at once and may only become involved just before your interview.
For many people, arranging your own solicitor provides more continuity, personal attention, and the chance to work with someone who already knows your case from the outset.
After Being Charged
If you’re charged with an offence, you’ll usually have access to means‑tested legal aid. This applies whether your case goes to the Magistrates’ Court or the Crown Court.
Even if you qualify for legal aid, you are not limited to the solicitor provided by the duty rota — you can choose your own representation. Some people still choose to fund representation privately at this stage because it can provide additional flexibility, resources, and faster access to senior lawyers or barristers.
Benefits of Private Representation
Private legal representation isn’t necessary for everyone, but it can offer several advantages, particularly in complex or serious cases:
- Time and Focus – Privately funded solicitors often manage smaller caseloads, meaning more time is available to focus on your case.
- Choice of Representation – You can choose a solicitor or firm with proven expertise in cases like yours rather than relying on whoever is available on the day.
- Continuity – You’re more likely to have the same solicitor involved throughout the process, from initial advice to trial preparation.
- Access to Expertise – Private funding gives greater flexibility to instruct highly experienced barristers, independent experts, and investigators where needed.
- Responsive Support – Without the constraints of legal aid budgets, private solicitors can often act more quickly when new developments arise.
Choosing the Right Solicitor
Selecting the right solicitor is one of the most important decisions you’ll make. When deciding who to instruct, consider:
- Specialism – Do they focus on criminal defence work?
- Experience – Have they handled cases similar to yours?
- Reputation – Are they known for being thorough, proactive, and approachable?
- Resources – Do they have access to skilled barristers, experts, and investigators if your case needs them?
At The CJS Hub, we work alongside reputable firms who understand the complexities of the criminal justice system and provide high‑quality representation when it matters most.
Key Takeaways
- Always ask for a solicitor as soon as possible — ideally before answering any police questions.
- Free legal advice is available to everyone at the police station, regardless of your financial situation.
- After being charged, legal aid may be available, but you can still choose your own solicitor.
- Private representation can offer added focus, faster response times, and more flexibility — particularly useful for complex or high‑stakes cases.
- Choosing a solicitor with the right experience and resources can make a significant difference to how your case is handled.
Support (1)
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.
The Arrest (9)
When someone is arrested in England and Wales, it unfolds through a number of distinct stages—each one governed by law and designed to protect both your rights and the integrity of the criminal justice process.
1. Grounds for Arrest
A police officer can arrest you without a warrant if they reasonably suspect it’s necessary—for example, if you’ve committed or are about to commit an offence, or to confirm your identity or prevent harm or interference with evidence. These powers are laid out in Section 24 of the Police and Criminal Evidence Act 1984 (PACE).
2. Informing You of the Arrest
Once arrested, the officer must inform you that you are being arrested, as soon as is reasonably practicable. They must also explain the grounds of the arrest—like referencing the suspected offence.
3. Arrival at the Police Station & Custody
You’ll be taken to a police station where a custody officer takes over. They record and may seize any items you have—if they believe those items may pose a risk or are relevant evidence.
4. Being Questioned and Your Rights
You have the right to legal advice, and to remain silent—there’s no obligation to answer questions. If you’re under 18 or considered vulnerable, an “appropriate adult” must be present to help safeguard your rights and welfare.
5. Detention Time Limits
There are strict time limits during which the police can lawfully hold you before charging or releasing you. These timeframes are set under PACE and follow-up legislation—they’re designed to prevent indefinite detention without charge.
6. Charging, Bail, or Release
Once in custody, police will decide with the Crown Prosecution Service (CPS) whether to charge you. For serious offences, charging decisions rest with the CPS; for less serious ones, police can proceed without CPS input. You may then be released on bail with conditions or kept in custody until your first court hearing.
When someone is arrested in England and Wales, it unfolds through a number of distinct stages—each one governed by law and designed to protect both your rights and the integrity of the criminal justice process.
1. Grounds for Arrest
A police officer can arrest you without a warrant if they reasonably suspect it’s necessary—for example, if you’ve committed or are about to commit an offence, or to confirm your identity or prevent harm or interference with evidence. These powers are laid out in Section 24 of the Police and Criminal Evidence Act 1984 (PACE).
2. Informing You of the Arrest
Once arrested, the officer must inform you that you are being arrested, as soon as is reasonably practicable. They must also explain the grounds of the arrest—like referencing the suspected offence.
3. Arrival at the Police Station & Custody
You’ll be taken to a police station where a custody officer takes over. They record and may seize any items you have—if they believe those items may pose a risk or are relevant evidence.
4. Being Questioned and Your Rights
You have the right to legal advice, and to remain silent—there’s no obligation to answer questions. If you’re under 18 or considered vulnerable, an “appropriate adult” must be present to help safeguard your rights and welfare.
5. Detention Time Limits
There are strict time limits during which the police can lawfully hold you before charging or releasing you. These timeframes are set under PACE and follow-up legislation—they’re designed to prevent indefinite detention without charge.
6. Charging, Bail, or Release
Once in custody, police will decide with the Crown Prosecution Service (CPS) whether to charge you. For serious offences, charging decisions rest with the CPS; for less serious ones, police can proceed without CPS input. You may then be released on bail with conditions or kept in custody until your first court hearing.
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 |
| Release Under Investigation (RUI) | Released without conditions or time limits | No time limits, no conditions; can feel indefinite |
| Post-Charge Court Bail | Released after charge while awaiting court | Set by court, conditions may apply |
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.
- Court Bail 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.
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.
Why Legal Representation Matters
Being arrested, questioned, or charged can feel overwhelming, and the choices you make early on can have lasting consequences. Having the right legal representation ensures your rights are protected and that you receive the strongest advice at every stage of the process.
A good solicitor will guide you through what’s happening, explain your options clearly, and make sure the police and prosecution follow proper procedure. Without specialist advice, people often make avoidable mistakes — especially in interviews or when making key decisions.
Free Legal Advice at the Police Station
Everyone in England and Wales has the right to free legal advice at the police station. This applies whether you’ve been arrested or are attending voluntarily. You should always ask for a solicitor before answering questions.
If you haven’t arranged your own, the police will provide access to a duty solicitor at no cost. They are independent of the police and there to protect your rights. However, duty solicitors often cover several clients at once and may only become involved just before your interview.
For many people, arranging your own solicitor provides more continuity, personal attention, and the chance to work with someone who already knows your case from the outset.
After Being Charged
If you’re charged with an offence, you’ll usually have access to means‑tested legal aid. This applies whether your case goes to the Magistrates’ Court or the Crown Court.
Even if you qualify for legal aid, you are not limited to the solicitor provided by the duty rota — you can choose your own representation. Some people still choose to fund representation privately at this stage because it can provide additional flexibility, resources, and faster access to senior lawyers or barristers.
Benefits of Private Representation
Private legal representation isn’t necessary for everyone, but it can offer several advantages, particularly in complex or serious cases:
- Time and Focus – Privately funded solicitors often manage smaller caseloads, meaning more time is available to focus on your case.
- Choice of Representation – You can choose a solicitor or firm with proven expertise in cases like yours rather than relying on whoever is available on the day.
- Continuity – You’re more likely to have the same solicitor involved throughout the process, from initial advice to trial preparation.
- Access to Expertise – Private funding gives greater flexibility to instruct highly experienced barristers, independent experts, and investigators where needed.
- Responsive Support – Without the constraints of legal aid budgets, private solicitors can often act more quickly when new developments arise.
Choosing the Right Solicitor
Selecting the right solicitor is one of the most important decisions you’ll make. When deciding who to instruct, consider:
- Specialism – Do they focus on criminal defence work?
- Experience – Have they handled cases similar to yours?
- Reputation – Are they known for being thorough, proactive, and approachable?
- Resources – Do they have access to skilled barristers, experts, and investigators if your case needs them?
At The CJS Hub, we work alongside reputable firms who understand the complexities of the criminal justice system and provide high‑quality representation when it matters most.
Key Takeaways
- Always ask for a solicitor as soon as possible — ideally before answering any police questions.
- Free legal advice is available to everyone at the police station, regardless of your financial situation.
- After being charged, legal aid may be available, but you can still choose your own solicitor.
- Private representation can offer added focus, faster response times, and more flexibility — particularly useful for complex or high‑stakes cases.
- Choosing a solicitor with the right experience and resources can make a significant difference to how your case is handled.
Why Legal Representation Matters
Being arrested, questioned, or charged can feel overwhelming, and the choices you make early on can have lasting consequences. Having the right legal representation ensures your rights are protected and that you receive the strongest advice at every stage of the process.
A good solicitor will guide you through what’s happening, explain your options clearly, and make sure the police and prosecution follow proper procedure. Without specialist advice, people often make avoidable mistakes — especially in interviews or when making key decisions.
Free Legal Advice at the Police Station
Everyone in England and Wales has the right to free legal advice at the police station. This applies whether you’ve been arrested or are attending voluntarily. You should always ask for a solicitor before answering questions.
If you haven’t arranged your own, the police will provide access to a duty solicitor at no cost. They are independent of the police and there to protect your rights. However, duty solicitors often cover several clients at once and may only become involved just before your interview.
For many people, arranging your own solicitor provides more continuity, personal attention, and the chance to work with someone who already knows your case from the outset.
After Being Charged
If you’re charged with an offence, you’ll usually have access to means‑tested legal aid. This applies whether your case goes to the Magistrates’ Court or the Crown Court.
Even if you qualify for legal aid, you are not limited to the solicitor provided by the duty rota — you can choose your own representation. Some people still choose to fund representation privately at this stage because it can provide additional flexibility, resources, and faster access to senior lawyers or barristers.
Benefits of Private Representation
Private legal representation isn’t necessary for everyone, but it can offer several advantages, particularly in complex or serious cases:
- Time and Focus – Privately funded solicitors often manage smaller caseloads, meaning more time is available to focus on your case.
- Choice of Representation – You can choose a solicitor or firm with proven expertise in cases like yours rather than relying on whoever is available on the day.
- Continuity – You’re more likely to have the same solicitor involved throughout the process, from initial advice to trial preparation.
- Access to Expertise – Private funding gives greater flexibility to instruct highly experienced barristers, independent experts, and investigators where needed.
- Responsive Support – Without the constraints of legal aid budgets, private solicitors can often act more quickly when new developments arise.
Choosing the Right Solicitor
Selecting the right solicitor is one of the most important decisions you’ll make. When deciding who to instruct, consider:
- Specialism – Do they focus on criminal defence work?
- Experience – Have they handled cases similar to yours?
- Reputation – Are they known for being thorough, proactive, and approachable?
- Resources – Do they have access to skilled barristers, experts, and investigators if your case needs them?
At The CJS Hub, we work alongside reputable firms who understand the complexities of the criminal justice system and provide high‑quality representation when it matters most.
Key Takeaways
- Always ask for a solicitor as soon as possible — ideally before answering any police questions.
- Free legal advice is available to everyone at the police station, regardless of your financial situation.
- After being charged, legal aid may be available, but you can still choose your own solicitor.
- Private representation can offer added focus, faster response times, and more flexibility — particularly useful for complex or high‑stakes cases.
- Choosing a solicitor with the right experience and resources can make a significant difference to how your case is handled.
Trial (1)
Why Legal Representation Matters
Being arrested, questioned, or charged can feel overwhelming, and the choices you make early on can have lasting consequences. Having the right legal representation ensures your rights are protected and that you receive the strongest advice at every stage of the process.
A good solicitor will guide you through what’s happening, explain your options clearly, and make sure the police and prosecution follow proper procedure. Without specialist advice, people often make avoidable mistakes — especially in interviews or when making key decisions.
Free Legal Advice at the Police Station
Everyone in England and Wales has the right to free legal advice at the police station. This applies whether you’ve been arrested or are attending voluntarily. You should always ask for a solicitor before answering questions.
If you haven’t arranged your own, the police will provide access to a duty solicitor at no cost. They are independent of the police and there to protect your rights. However, duty solicitors often cover several clients at once and may only become involved just before your interview.
For many people, arranging your own solicitor provides more continuity, personal attention, and the chance to work with someone who already knows your case from the outset.
After Being Charged
If you’re charged with an offence, you’ll usually have access to means‑tested legal aid. This applies whether your case goes to the Magistrates’ Court or the Crown Court.
Even if you qualify for legal aid, you are not limited to the solicitor provided by the duty rota — you can choose your own representation. Some people still choose to fund representation privately at this stage because it can provide additional flexibility, resources, and faster access to senior lawyers or barristers.
Benefits of Private Representation
Private legal representation isn’t necessary for everyone, but it can offer several advantages, particularly in complex or serious cases:
- Time and Focus – Privately funded solicitors often manage smaller caseloads, meaning more time is available to focus on your case.
- Choice of Representation – You can choose a solicitor or firm with proven expertise in cases like yours rather than relying on whoever is available on the day.
- Continuity – You’re more likely to have the same solicitor involved throughout the process, from initial advice to trial preparation.
- Access to Expertise – Private funding gives greater flexibility to instruct highly experienced barristers, independent experts, and investigators where needed.
- Responsive Support – Without the constraints of legal aid budgets, private solicitors can often act more quickly when new developments arise.
Choosing the Right Solicitor
Selecting the right solicitor is one of the most important decisions you’ll make. When deciding who to instruct, consider:
- Specialism – Do they focus on criminal defence work?
- Experience – Have they handled cases similar to yours?
- Reputation – Are they known for being thorough, proactive, and approachable?
- Resources – Do they have access to skilled barristers, experts, and investigators if your case needs them?
At The CJS Hub, we work alongside reputable firms who understand the complexities of the criminal justice system and provide high‑quality representation when it matters most.
Key Takeaways
- Always ask for a solicitor as soon as possible — ideally before answering any police questions.
- Free legal advice is available to everyone at the police station, regardless of your financial situation.
- After being charged, legal aid may be available, but you can still choose your own solicitor.
- Private representation can offer added focus, faster response times, and more flexibility — particularly useful for complex or high‑stakes cases.
- Choosing a solicitor with the right experience and resources can make a significant difference to how your case is handled.