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Acquital (2)
Being acquitted or receiving a No Further Action (NFA) decision should feel like the end of the nightmare — the moment when everything returns to normal. But for many, that’s not how it feels. Instead of instant relief, there can be exhaustion, anxiety, anger, and a deep sense of loss for the time, trust, and relationships damaged along the way.
This stage is rarely talked about, yet it’s one of the hardest to navigate. The legal process ends, but the emotional fallout often doesn’t. Understanding what’s normal, and where to find support, can make a huge difference.
Why Relief Isn’t Always Immediate
Spending months — sometimes years — under investigation or facing trial takes a toll on your mental health. By the time you’re cleared, your body and mind are often burned out. You’ve likely been living in survival mode, constantly bracing for the worst. When the case finally ends, it’s common to feel numb rather than overjoyed.
That’s because while the system has moved on, you’re still processing the damage — sleepless nights, reputational harm, strained relationships, and the disruption to work, finances, and family life. None of that disappears overnight, and it’s okay to feel frustrated that “getting cleared” doesn’t magically fix everything.
Common Feelings After Acquittal or NFA
Everyone reacts differently, but there are some emotional themes we hear time and again:
- Exhaustion and burnout — months of adrenaline finally catch up with you
- Anxiety about the future — worrying if people still believe the allegation
- Anger and resentment — at the police, the accuser, or the system itself
- Isolation — friends or family may have stepped back during the process
- Loss of identity — especially if your job, hobbies, or relationships were affected
These reactions are natural. They don’t mean you’re “not coping” — they’re part of adjusting to life after prolonged stress and uncertainty.
Rebuilding Your Confidence
When your name has been tied to an allegation, even unfairly, it can affect how you see yourself. Rebuilding confidence takes time, and small steps are important. Some people start by reconnecting with trusted friends and family; others find value in speaking with peer support groups, charities, or counsellors who understand the emotional impact of being accused.
If your case was highly public or affected your job, you may also need practical help managing stigma. Learning how to disclose what happened — and when to stay silent — can make a huge difference to how you move forward.
Looking After Your Mental Health
The end of the case isn’t the end of the journey. Some people experience symptoms of anxiety, depression, or even PTSD after their legal process ends. If you notice flashbacks, panic attacks, or prolonged low mood, you’re not alone — and you don’t have to handle it without help.
You can:
- Ask your GP for a referral to talking therapies or counselling
- Access local NHS mental health teams
- Reach out to organisations like Mind, Samaritans, or the CJS Hub’s Wellbeing Hub for support
- Consider peer support spaces where you can talk to others who’ve been through the same thing
Asking for help isn’t weakness — it’s part of taking control of your recovery.
For Families and Supporters
The emotional aftermath affects loved ones too. Parents, partners, and friends often carry their own stress, guilt, and anger after standing by someone accused of a crime. Communication matters here: being open about what you’re struggling with, while respecting each other’s coping styles, helps avoid misunderstandings that can deepen divides.
Supporters may also need their own spaces to talk — whether that’s peer groups, counselling, or connecting with others who’ve walked the same path.
Final Thoughts
An acquittal or NFA may close the legal chapter, but it doesn’t close the emotional one overnight. You’ve been through something extraordinary, and healing takes time. Surrounding yourself with the right people, seeking out support when you need it, and accepting that recovery is a process — not a switch — can help you start rebuilding.
The CJS Hub is here to offer guidance, resources, and understanding — for you and for those around you.
What Happens When You Plead Guilty
Pleading guilty means you accept responsibility for the offence. There’s no trial—your case moves straight to sentencing. That might be a fine, community order, or imprisonment depending on the offence’s seriousness.
The big trade-off:
- Sentence reduction. You could get up to one-third off your sentence for an early guilty plea. The earlier it is entered, the bigger the discount. If you plead guilty only on the day of trial, reductions are as low as 10%.
- Practical relief. Especially if you’re on remand, a guilty plea can mean immediate release based on time served. That has become more common as court delays force people to spend much longer behind bars unnecessarily.
But rushing to plead guilty can have deep consequences—emotionally, legally, and ethically.
What Happens When You Plead Not Guilty
Pleading not guilty means your case will go to trial, and the court must find you guilty beyond reasonable doubt.
The benefits:
- Defending your innocence. If there’s a chance you didn’t commit the offence or have a defence, you can challenge evidence and push for acquittal.
The risks:
- If convicted, you may face a harsher sentence than if you had pleaded guilty early, because you lose out on the reduction.
- Court delays and uncertainty. Trials can be pushed back for months or years—delays that damage family life, stability, and mental health.
Real Pressures on the System
Lengthy trials, backlogs, and remand overcrowding have led many people—sometimes even innocent—to plead guilty just to escape prison. Some remand prisoners have been told they will be released immediately if they plead guilty, even if evidence is weak. This creates a system that unwittingly makes guilty pleas seem like the easiest path.
Can You Change Your Plea?
Yes—sometimes.
From Not Guilty to Guilty
Easy enough. You can change your plea to guilty at any point before the verdict. Judges typically allow it, and you may still receive some sentence reduction, depending on timing.
From Guilty to Not Guilty
This is harder—but possible in certain circumstances:
- The court has judicial discretion to allow a plea withdrawal before sentencing, especially if:
- The plea was equivocal (uncertain, e.g., “Guilty, but…”)
- You can point to undue pressure or poor legal advice at the time
- There’s a serious procedural unfairness or new evidence emerges
However, the court treats such requests cautiously. The application must be made promptly and in writing, clearly explaining why keeping the guilty plea would be unjust. You’ll need legal support to make a strong case.
Compare Your Options
| Plea | What It Means | Benefits | Risks |
|---|---|---|---|
| Guilty | Admit offence, go to sentencing | Sentence reduction; quicker release / lower punishment if not prison | Permanent record; loss of trial chance; emotional burden |
| Not Guilty | Contest the case, proceed to trial | Chance of acquittal; defend rights | Heavier sentence if convicted; long waits; uncertainty |
| Change Plea | Switch decisions based on counsel/advice | Flexibility if early | Hard to reverse plea; may need court’s say-so |
Choosing your plea is one of the most serious decisions you’ll make in the process. It affects your freedom, your record, and your mental wellbeing—and indirectly affects your family and supporters too. You don’t have to face it alone. Getting specialist legal advice early is vital—they can help you understand your odds, the evidence, and what life on remand could look like while you’re waiting.
Barristers (4)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
What Happens When You Plead Guilty
Pleading guilty means you accept responsibility for the offence. There’s no trial—your case moves straight to sentencing. That might be a fine, community order, or imprisonment depending on the offence’s seriousness.
The big trade-off:
- Sentence reduction. You could get up to one-third off your sentence for an early guilty plea. The earlier it is entered, the bigger the discount. If you plead guilty only on the day of trial, reductions are as low as 10%.
- Practical relief. Especially if you’re on remand, a guilty plea can mean immediate release based on time served. That has become more common as court delays force people to spend much longer behind bars unnecessarily.
But rushing to plead guilty can have deep consequences—emotionally, legally, and ethically.
What Happens When You Plead Not Guilty
Pleading not guilty means your case will go to trial, and the court must find you guilty beyond reasonable doubt.
The benefits:
- Defending your innocence. If there’s a chance you didn’t commit the offence or have a defence, you can challenge evidence and push for acquittal.
The risks:
- If convicted, you may face a harsher sentence than if you had pleaded guilty early, because you lose out on the reduction.
- Court delays and uncertainty. Trials can be pushed back for months or years—delays that damage family life, stability, and mental health.
Real Pressures on the System
Lengthy trials, backlogs, and remand overcrowding have led many people—sometimes even innocent—to plead guilty just to escape prison. Some remand prisoners have been told they will be released immediately if they plead guilty, even if evidence is weak. This creates a system that unwittingly makes guilty pleas seem like the easiest path.
Can You Change Your Plea?
Yes—sometimes.
From Not Guilty to Guilty
Easy enough. You can change your plea to guilty at any point before the verdict. Judges typically allow it, and you may still receive some sentence reduction, depending on timing.
From Guilty to Not Guilty
This is harder—but possible in certain circumstances:
- The court has judicial discretion to allow a plea withdrawal before sentencing, especially if:
- The plea was equivocal (uncertain, e.g., “Guilty, but…”)
- You can point to undue pressure or poor legal advice at the time
- There’s a serious procedural unfairness or new evidence emerges
However, the court treats such requests cautiously. The application must be made promptly and in writing, clearly explaining why keeping the guilty plea would be unjust. You’ll need legal support to make a strong case.
Compare Your Options
| Plea | What It Means | Benefits | Risks |
|---|---|---|---|
| Guilty | Admit offence, go to sentencing | Sentence reduction; quicker release / lower punishment if not prison | Permanent record; loss of trial chance; emotional burden |
| Not Guilty | Contest the case, proceed to trial | Chance of acquittal; defend rights | Heavier sentence if convicted; long waits; uncertainty |
| Change Plea | Switch decisions based on counsel/advice | Flexibility if early | Hard to reverse plea; may need court’s say-so |
Choosing your plea is one of the most serious decisions you’ll make in the process. It affects your freedom, your record, and your mental wellbeing—and indirectly affects your family and supporters too. You don’t have to face it alone. Getting specialist legal advice early is vital—they can help you understand your odds, the evidence, and what life on remand could look like while you’re waiting.
Why Preparation Matters
Facing trial is daunting. It can feel like your whole life is on hold while everyone else decides what happens next. While your legal team handles the paperwork, evidence, and arguments, there’s still plenty you can do to stay informed, organised, and ready.
Preparation isn’t about replacing your solicitor — it’s about making sure you understand what’s happening, know what’s coming next, and can support your defence in the best way possible.
Understanding What’s Ahead
Your trial will follow a structure, and knowing the basics helps reduce some of the fear:
- The prosecution will present their case first.
- Your defence team will challenge their evidence and present yours.
- Witnesses may be called and cross-examined.
- The magistrates or jury will decide if you’re guilty or not guilty.
Your solicitor or barrister will explain the details relevant to your case, but having a rough idea of the process can make things less overwhelming.
What You Can Do to Prepare
1. Stay Organised
- Keep every document you receive — charge sheets, bail conditions, letters from your solicitor or the court.
- Use a simple folder or binder and keep copies of everything in order.
- Make a note of important dates, deadlines, and hearing times.
Even small slips — like missing a court date — can cause serious problems, so staying organised really helps.
2. Be Honest and Thorough with Your Legal Team
Your solicitor can only build a strong defence if they know everything. Even if something feels embarrassing, irrelevant, or damaging, tell them. Surprises in court rarely go well, and your team can’t defend what they don’t know about.
3. Think About Witnesses and Evidence
You don’t have to collect statements or prepare bundles — your legal team will handle that — but you can:
- Make a list of anyone who was there, saw, or heard something relevant.
- Pass on names, phone numbers, and what they might know to your solicitor.
- Flag any texts, emails, or social media messages you think matter. Don’t delete anything.
Your job isn’t to analyse evidence; it’s to make sure your solicitor has all the information they need.
4. Prepare Yourself Mentally
Trials can be draining. The process is slow, the days are long, and you’ll likely hear things said about you that are upsetting or unfair.
- Get plenty of rest beforehand if you can.
- Bring water and snacks if allowed — trials can run all day.
- Have someone you trust to talk to afterwards — family, friends, or a support group.
- Consider accessing mental health support; the stress of waiting can take a real toll.
5. Support Your Family and Let Them Support You
If you have children, a partner, or family relying on you, talk to them early about what’s coming. Trials affect everyone — not just the defendant — and having a plan for childcare, bills, and emotional support can make a big difference.
Common Worries — And What to Do About Them
“I feel like I’m not getting updates.”
It’s okay to check in with your solicitor and ask for a clear breakdown of where things stand.
“I don’t understand what’s happening in court.”
Ask your legal team to explain things in plain English. They’re used to jargon — you’re not.
“I’m worried about what to say if I’m called to give evidence.”
Your solicitor or barrister will explain exactly what’s expected and prepare you before you step into the witness box.
Quick Checklist for Defendants
- Keep all paperwork safe and organised.
- Share every detail and document with your solicitor.
- Write down witness names and pass them on — don’t contact witnesses yourself.
- Note down all court dates and deadlines.
- Prepare emotionally — trials can be long and stressful.
- Talk openly with family and supporters.
- Ask questions until you understand what’s happening.
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 (4)
What Happens When You Plead Guilty
Pleading guilty means you accept responsibility for the offence. There’s no trial—your case moves straight to sentencing. That might be a fine, community order, or imprisonment depending on the offence’s seriousness.
The big trade-off:
- Sentence reduction. You could get up to one-third off your sentence for an early guilty plea. The earlier it is entered, the bigger the discount. If you plead guilty only on the day of trial, reductions are as low as 10%.
- Practical relief. Especially if you’re on remand, a guilty plea can mean immediate release based on time served. That has become more common as court delays force people to spend much longer behind bars unnecessarily.
But rushing to plead guilty can have deep consequences—emotionally, legally, and ethically.
What Happens When You Plead Not Guilty
Pleading not guilty means your case will go to trial, and the court must find you guilty beyond reasonable doubt.
The benefits:
- Defending your innocence. If there’s a chance you didn’t commit the offence or have a defence, you can challenge evidence and push for acquittal.
The risks:
- If convicted, you may face a harsher sentence than if you had pleaded guilty early, because you lose out on the reduction.
- Court delays and uncertainty. Trials can be pushed back for months or years—delays that damage family life, stability, and mental health.
Real Pressures on the System
Lengthy trials, backlogs, and remand overcrowding have led many people—sometimes even innocent—to plead guilty just to escape prison. Some remand prisoners have been told they will be released immediately if they plead guilty, even if evidence is weak. This creates a system that unwittingly makes guilty pleas seem like the easiest path.
Can You Change Your Plea?
Yes—sometimes.
From Not Guilty to Guilty
Easy enough. You can change your plea to guilty at any point before the verdict. Judges typically allow it, and you may still receive some sentence reduction, depending on timing.
From Guilty to Not Guilty
This is harder—but possible in certain circumstances:
- The court has judicial discretion to allow a plea withdrawal before sentencing, especially if:
- The plea was equivocal (uncertain, e.g., “Guilty, but…”)
- You can point to undue pressure or poor legal advice at the time
- There’s a serious procedural unfairness or new evidence emerges
However, the court treats such requests cautiously. The application must be made promptly and in writing, clearly explaining why keeping the guilty plea would be unjust. You’ll need legal support to make a strong case.
Compare Your Options
| Plea | What It Means | Benefits | Risks |
|---|---|---|---|
| Guilty | Admit offence, go to sentencing | Sentence reduction; quicker release / lower punishment if not prison | Permanent record; loss of trial chance; emotional burden |
| Not Guilty | Contest the case, proceed to trial | Chance of acquittal; defend rights | Heavier sentence if convicted; long waits; uncertainty |
| Change Plea | Switch decisions based on counsel/advice | Flexibility if early | Hard to reverse plea; may need court’s say-so |
Choosing your plea is one of the most serious decisions you’ll make in the process. It affects your freedom, your record, and your mental wellbeing—and indirectly affects your family and supporters too. You don’t have to face it alone. Getting specialist legal advice early is vital—they can help you understand your odds, the evidence, and what life on remand could look like while you’re waiting.
Why Preparation Matters
Facing trial is daunting. It can feel like your whole life is on hold while everyone else decides what happens next. While your legal team handles the paperwork, evidence, and arguments, there’s still plenty you can do to stay informed, organised, and ready.
Preparation isn’t about replacing your solicitor — it’s about making sure you understand what’s happening, know what’s coming next, and can support your defence in the best way possible.
Understanding What’s Ahead
Your trial will follow a structure, and knowing the basics helps reduce some of the fear:
- The prosecution will present their case first.
- Your defence team will challenge their evidence and present yours.
- Witnesses may be called and cross-examined.
- The magistrates or jury will decide if you’re guilty or not guilty.
Your solicitor or barrister will explain the details relevant to your case, but having a rough idea of the process can make things less overwhelming.
What You Can Do to Prepare
1. Stay Organised
- Keep every document you receive — charge sheets, bail conditions, letters from your solicitor or the court.
- Use a simple folder or binder and keep copies of everything in order.
- Make a note of important dates, deadlines, and hearing times.
Even small slips — like missing a court date — can cause serious problems, so staying organised really helps.
2. Be Honest and Thorough with Your Legal Team
Your solicitor can only build a strong defence if they know everything. Even if something feels embarrassing, irrelevant, or damaging, tell them. Surprises in court rarely go well, and your team can’t defend what they don’t know about.
3. Think About Witnesses and Evidence
You don’t have to collect statements or prepare bundles — your legal team will handle that — but you can:
- Make a list of anyone who was there, saw, or heard something relevant.
- Pass on names, phone numbers, and what they might know to your solicitor.
- Flag any texts, emails, or social media messages you think matter. Don’t delete anything.
Your job isn’t to analyse evidence; it’s to make sure your solicitor has all the information they need.
4. Prepare Yourself Mentally
Trials can be draining. The process is slow, the days are long, and you’ll likely hear things said about you that are upsetting or unfair.
- Get plenty of rest beforehand if you can.
- Bring water and snacks if allowed — trials can run all day.
- Have someone you trust to talk to afterwards — family, friends, or a support group.
- Consider accessing mental health support; the stress of waiting can take a real toll.
5. Support Your Family and Let Them Support You
If you have children, a partner, or family relying on you, talk to them early about what’s coming. Trials affect everyone — not just the defendant — and having a plan for childcare, bills, and emotional support can make a big difference.
Common Worries — And What to Do About Them
“I feel like I’m not getting updates.”
It’s okay to check in with your solicitor and ask for a clear breakdown of where things stand.
“I don’t understand what’s happening in court.”
Ask your legal team to explain things in plain English. They’re used to jargon — you’re not.
“I’m worried about what to say if I’m called to give evidence.”
Your solicitor or barrister will explain exactly what’s expected and prepare you before you step into the witness box.
Quick Checklist for Defendants
- Keep all paperwork safe and organised.
- Share every detail and document with your solicitor.
- Write down witness names and pass them on — don’t contact witnesses yourself.
- Note down all court dates and deadlines.
- Prepare emotionally — trials can be long and stressful.
- Talk openly with family and supporters.
- Ask questions until you understand what’s happening.
Understanding Your Charges
How Charges Are Issued
When the police or prosecutors decide there’s enough evidence, a formal charge can be issued in one of three ways:
- Custody Charge
If the police have you in custody, a Custody Officer decides whether there’s enough evidence to press charges. If so, you’ll be charged and either released—possibly on police bail or “Released Under Investigation (RUI)”—or kept in custody until your court appearance. Detention must be reviewed regularly and can last up to 96 hours in most cases. - Postal Requisition (Postal Charge)
If you’re not arrested, a Postal Requisition (also called a postal charge) may be sent—especially if you were interviewed under caution or released under investigation. It’s a legal document telling you to appear at a Magistrates’ Court on a specified date. Never ignore one—failing to attend can lead to an arrest warrant. - Court Charge—Typically via Solicitor or CPS
In some cases, particularly more serious ones, the Crown Prosecution Service (CPS) steps in. Prosecutors apply a full test: (1) is there a realistic prospect of conviction, and (2) is prosecution in the public interest? If not, they may decline to charge or offer an alternative, like a caution.
Once the decision to charge is made, the CPS or police sets your first court date—within days or weeks, depending on how serious the case is and whether you’re in custody or on bail.
Reading the Charge Sheet
A charge sheet is the document that officially records what you’re being accused of. It should clearly state:
- The offence(s) you’re charged with,
- Where and when the alleged offence happened,
- What laws you’re accused of breaking.
This is your first real window into what you’re facing.
Take it seriously—get legal advice, check the details, and clarify anything you don’t understand.
What Happens Next—and Who You’ll See First
All criminal cases in England and Wales start in the Magistrates’ Court, even if they eventually go to Crown Court. If it’s a minor offence, the trial may stay here. If it’s more serious—or deemed too complex—the Magistrates will send it up to Crown Court.
Wikipedia
At your first hearing, called a Plea and Trial Preparation Hearing (PTPH), the court clerk will read your charges out loud (called an “indictment”) and ask whether you plead guilty or not guilty.
cps.gov.uk
What You Can Do Next
- Understand the type of charge—custody, postal, or court-based—and whether it means you’re already in custody or not.
- Read the charge sheet carefully. It defines the case.
- Know where your case starts—most will begin in Magistrates’ Court.
- Seek legal help early. It makes a real difference to how your case is handled.
- Don’t ignore any notifications—especially postal charges.
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.
Community Sentences (1)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Court (4)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
What Happens When You Plead Guilty
Pleading guilty means you accept responsibility for the offence. There’s no trial—your case moves straight to sentencing. That might be a fine, community order, or imprisonment depending on the offence’s seriousness.
The big trade-off:
- Sentence reduction. You could get up to one-third off your sentence for an early guilty plea. The earlier it is entered, the bigger the discount. If you plead guilty only on the day of trial, reductions are as low as 10%.
- Practical relief. Especially if you’re on remand, a guilty plea can mean immediate release based on time served. That has become more common as court delays force people to spend much longer behind bars unnecessarily.
But rushing to plead guilty can have deep consequences—emotionally, legally, and ethically.
What Happens When You Plead Not Guilty
Pleading not guilty means your case will go to trial, and the court must find you guilty beyond reasonable doubt.
The benefits:
- Defending your innocence. If there’s a chance you didn’t commit the offence or have a defence, you can challenge evidence and push for acquittal.
The risks:
- If convicted, you may face a harsher sentence than if you had pleaded guilty early, because you lose out on the reduction.
- Court delays and uncertainty. Trials can be pushed back for months or years—delays that damage family life, stability, and mental health.
Real Pressures on the System
Lengthy trials, backlogs, and remand overcrowding have led many people—sometimes even innocent—to plead guilty just to escape prison. Some remand prisoners have been told they will be released immediately if they plead guilty, even if evidence is weak. This creates a system that unwittingly makes guilty pleas seem like the easiest path.
Can You Change Your Plea?
Yes—sometimes.
From Not Guilty to Guilty
Easy enough. You can change your plea to guilty at any point before the verdict. Judges typically allow it, and you may still receive some sentence reduction, depending on timing.
From Guilty to Not Guilty
This is harder—but possible in certain circumstances:
- The court has judicial discretion to allow a plea withdrawal before sentencing, especially if:
- The plea was equivocal (uncertain, e.g., “Guilty, but…”)
- You can point to undue pressure or poor legal advice at the time
- There’s a serious procedural unfairness or new evidence emerges
However, the court treats such requests cautiously. The application must be made promptly and in writing, clearly explaining why keeping the guilty plea would be unjust. You’ll need legal support to make a strong case.
Compare Your Options
| Plea | What It Means | Benefits | Risks |
|---|---|---|---|
| Guilty | Admit offence, go to sentencing | Sentence reduction; quicker release / lower punishment if not prison | Permanent record; loss of trial chance; emotional burden |
| Not Guilty | Contest the case, proceed to trial | Chance of acquittal; defend rights | Heavier sentence if convicted; long waits; uncertainty |
| Change Plea | Switch decisions based on counsel/advice | Flexibility if early | Hard to reverse plea; may need court’s say-so |
Choosing your plea is one of the most serious decisions you’ll make in the process. It affects your freedom, your record, and your mental wellbeing—and indirectly affects your family and supporters too. You don’t have to face it alone. Getting specialist legal advice early is vital—they can help you understand your odds, the evidence, and what life on remand could look like while you’re waiting.
Why Preparation Matters
Facing trial is daunting. It can feel like your whole life is on hold while everyone else decides what happens next. While your legal team handles the paperwork, evidence, and arguments, there’s still plenty you can do to stay informed, organised, and ready.
Preparation isn’t about replacing your solicitor — it’s about making sure you understand what’s happening, know what’s coming next, and can support your defence in the best way possible.
Understanding What’s Ahead
Your trial will follow a structure, and knowing the basics helps reduce some of the fear:
- The prosecution will present their case first.
- Your defence team will challenge their evidence and present yours.
- Witnesses may be called and cross-examined.
- The magistrates or jury will decide if you’re guilty or not guilty.
Your solicitor or barrister will explain the details relevant to your case, but having a rough idea of the process can make things less overwhelming.
What You Can Do to Prepare
1. Stay Organised
- Keep every document you receive — charge sheets, bail conditions, letters from your solicitor or the court.
- Use a simple folder or binder and keep copies of everything in order.
- Make a note of important dates, deadlines, and hearing times.
Even small slips — like missing a court date — can cause serious problems, so staying organised really helps.
2. Be Honest and Thorough with Your Legal Team
Your solicitor can only build a strong defence if they know everything. Even if something feels embarrassing, irrelevant, or damaging, tell them. Surprises in court rarely go well, and your team can’t defend what they don’t know about.
3. Think About Witnesses and Evidence
You don’t have to collect statements or prepare bundles — your legal team will handle that — but you can:
- Make a list of anyone who was there, saw, or heard something relevant.
- Pass on names, phone numbers, and what they might know to your solicitor.
- Flag any texts, emails, or social media messages you think matter. Don’t delete anything.
Your job isn’t to analyse evidence; it’s to make sure your solicitor has all the information they need.
4. Prepare Yourself Mentally
Trials can be draining. The process is slow, the days are long, and you’ll likely hear things said about you that are upsetting or unfair.
- Get plenty of rest beforehand if you can.
- Bring water and snacks if allowed — trials can run all day.
- Have someone you trust to talk to afterwards — family, friends, or a support group.
- Consider accessing mental health support; the stress of waiting can take a real toll.
5. Support Your Family and Let Them Support You
If you have children, a partner, or family relying on you, talk to them early about what’s coming. Trials affect everyone — not just the defendant — and having a plan for childcare, bills, and emotional support can make a big difference.
Common Worries — And What to Do About Them
“I feel like I’m not getting updates.”
It’s okay to check in with your solicitor and ask for a clear breakdown of where things stand.
“I don’t understand what’s happening in court.”
Ask your legal team to explain things in plain English. They’re used to jargon — you’re not.
“I’m worried about what to say if I’m called to give evidence.”
Your solicitor or barrister will explain exactly what’s expected and prepare you before you step into the witness box.
Quick Checklist for Defendants
- Keep all paperwork safe and organised.
- Share every detail and document with your solicitor.
- Write down witness names and pass them on — don’t contact witnesses yourself.
- Note down all court dates and deadlines.
- Prepare emotionally — trials can be long and stressful.
- Talk openly with family and supporters.
- Ask questions until you understand what’s happening.
Understanding Your Charges
How Charges Are Issued
When the police or prosecutors decide there’s enough evidence, a formal charge can be issued in one of three ways:
- Custody Charge
If the police have you in custody, a Custody Officer decides whether there’s enough evidence to press charges. If so, you’ll be charged and either released—possibly on police bail or “Released Under Investigation (RUI)”—or kept in custody until your court appearance. Detention must be reviewed regularly and can last up to 96 hours in most cases. - Postal Requisition (Postal Charge)
If you’re not arrested, a Postal Requisition (also called a postal charge) may be sent—especially if you were interviewed under caution or released under investigation. It’s a legal document telling you to appear at a Magistrates’ Court on a specified date. Never ignore one—failing to attend can lead to an arrest warrant. - Court Charge—Typically via Solicitor or CPS
In some cases, particularly more serious ones, the Crown Prosecution Service (CPS) steps in. Prosecutors apply a full test: (1) is there a realistic prospect of conviction, and (2) is prosecution in the public interest? If not, they may decline to charge or offer an alternative, like a caution.
Once the decision to charge is made, the CPS or police sets your first court date—within days or weeks, depending on how serious the case is and whether you’re in custody or on bail.
Reading the Charge Sheet
A charge sheet is the document that officially records what you’re being accused of. It should clearly state:
- The offence(s) you’re charged with,
- Where and when the alleged offence happened,
- What laws you’re accused of breaking.
This is your first real window into what you’re facing.
Take it seriously—get legal advice, check the details, and clarify anything you don’t understand.
What Happens Next—and Who You’ll See First
All criminal cases in England and Wales start in the Magistrates’ Court, even if they eventually go to Crown Court. If it’s a minor offence, the trial may stay here. If it’s more serious—or deemed too complex—the Magistrates will send it up to Crown Court.
Wikipedia
At your first hearing, called a Plea and Trial Preparation Hearing (PTPH), the court clerk will read your charges out loud (called an “indictment”) and ask whether you plead guilty or not guilty.
cps.gov.uk
What You Can Do Next
- Understand the type of charge—custody, postal, or court-based—and whether it means you’re already in custody or not.
- Read the charge sheet carefully. It defines the case.
- Know where your case starts—most will begin in Magistrates’ Court.
- Seek legal help early. It makes a real difference to how your case is handled.
- Don’t ignore any notifications—especially postal charges.
Fines (1)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Investigations (2)
Understanding Your Charges
How Charges Are Issued
When the police or prosecutors decide there’s enough evidence, a formal charge can be issued in one of three ways:
- Custody Charge
If the police have you in custody, a Custody Officer decides whether there’s enough evidence to press charges. If so, you’ll be charged and either released—possibly on police bail or “Released Under Investigation (RUI)”—or kept in custody until your court appearance. Detention must be reviewed regularly and can last up to 96 hours in most cases. - Postal Requisition (Postal Charge)
If you’re not arrested, a Postal Requisition (also called a postal charge) may be sent—especially if you were interviewed under caution or released under investigation. It’s a legal document telling you to appear at a Magistrates’ Court on a specified date. Never ignore one—failing to attend can lead to an arrest warrant. - Court Charge—Typically via Solicitor or CPS
In some cases, particularly more serious ones, the Crown Prosecution Service (CPS) steps in. Prosecutors apply a full test: (1) is there a realistic prospect of conviction, and (2) is prosecution in the public interest? If not, they may decline to charge or offer an alternative, like a caution.
Once the decision to charge is made, the CPS or police sets your first court date—within days or weeks, depending on how serious the case is and whether you’re in custody or on bail.
Reading the Charge Sheet
A charge sheet is the document that officially records what you’re being accused of. It should clearly state:
- The offence(s) you’re charged with,
- Where and when the alleged offence happened,
- What laws you’re accused of breaking.
This is your first real window into what you’re facing.
Take it seriously—get legal advice, check the details, and clarify anything you don’t understand.
What Happens Next—and Who You’ll See First
All criminal cases in England and Wales start in the Magistrates’ Court, even if they eventually go to Crown Court. If it’s a minor offence, the trial may stay here. If it’s more serious—or deemed too complex—the Magistrates will send it up to Crown Court.
Wikipedia
At your first hearing, called a Plea and Trial Preparation Hearing (PTPH), the court clerk will read your charges out loud (called an “indictment”) and ask whether you plead guilty or not guilty.
cps.gov.uk
What You Can Do Next
- Understand the type of charge—custody, postal, or court-based—and whether it means you’re already in custody or not.
- Read the charge sheet carefully. It defines the case.
- Know where your case starts—most will begin in Magistrates’ Court.
- Seek legal help early. It makes a real difference to how your case is handled.
- Don’t ignore any notifications—especially postal charges.
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)
Being acquitted or receiving a No Further Action (NFA) decision should feel like the end of the nightmare — the moment when everything returns to normal. But for many, that’s not how it feels. Instead of instant relief, there can be exhaustion, anxiety, anger, and a deep sense of loss for the time, trust, and relationships damaged along the way.
This stage is rarely talked about, yet it’s one of the hardest to navigate. The legal process ends, but the emotional fallout often doesn’t. Understanding what’s normal, and where to find support, can make a huge difference.
Why Relief Isn’t Always Immediate
Spending months — sometimes years — under investigation or facing trial takes a toll on your mental health. By the time you’re cleared, your body and mind are often burned out. You’ve likely been living in survival mode, constantly bracing for the worst. When the case finally ends, it’s common to feel numb rather than overjoyed.
That’s because while the system has moved on, you’re still processing the damage — sleepless nights, reputational harm, strained relationships, and the disruption to work, finances, and family life. None of that disappears overnight, and it’s okay to feel frustrated that “getting cleared” doesn’t magically fix everything.
Common Feelings After Acquittal or NFA
Everyone reacts differently, but there are some emotional themes we hear time and again:
- Exhaustion and burnout — months of adrenaline finally catch up with you
- Anxiety about the future — worrying if people still believe the allegation
- Anger and resentment — at the police, the accuser, or the system itself
- Isolation — friends or family may have stepped back during the process
- Loss of identity — especially if your job, hobbies, or relationships were affected
These reactions are natural. They don’t mean you’re “not coping” — they’re part of adjusting to life after prolonged stress and uncertainty.
Rebuilding Your Confidence
When your name has been tied to an allegation, even unfairly, it can affect how you see yourself. Rebuilding confidence takes time, and small steps are important. Some people start by reconnecting with trusted friends and family; others find value in speaking with peer support groups, charities, or counsellors who understand the emotional impact of being accused.
If your case was highly public or affected your job, you may also need practical help managing stigma. Learning how to disclose what happened — and when to stay silent — can make a huge difference to how you move forward.
Looking After Your Mental Health
The end of the case isn’t the end of the journey. Some people experience symptoms of anxiety, depression, or even PTSD after their legal process ends. If you notice flashbacks, panic attacks, or prolonged low mood, you’re not alone — and you don’t have to handle it without help.
You can:
- Ask your GP for a referral to talking therapies or counselling
- Access local NHS mental health teams
- Reach out to organisations like Mind, Samaritans, or the CJS Hub’s Wellbeing Hub for support
- Consider peer support spaces where you can talk to others who’ve been through the same thing
Asking for help isn’t weakness — it’s part of taking control of your recovery.
For Families and Supporters
The emotional aftermath affects loved ones too. Parents, partners, and friends often carry their own stress, guilt, and anger after standing by someone accused of a crime. Communication matters here: being open about what you’re struggling with, while respecting each other’s coping styles, helps avoid misunderstandings that can deepen divides.
Supporters may also need their own spaces to talk — whether that’s peer groups, counselling, or connecting with others who’ve walked the same path.
Final Thoughts
An acquittal or NFA may close the legal chapter, but it doesn’t close the emotional one overnight. You’ve been through something extraordinary, and healing takes time. Surrounding yourself with the right people, seeking out support when you need it, and accepting that recovery is a process — not a switch — can help you start rebuilding.
The CJS Hub is here to offer guidance, resources, and understanding — for you and for those around you.
Police (1)
Understanding Your Charges
How Charges Are Issued
When the police or prosecutors decide there’s enough evidence, a formal charge can be issued in one of three ways:
- Custody Charge
If the police have you in custody, a Custody Officer decides whether there’s enough evidence to press charges. If so, you’ll be charged and either released—possibly on police bail or “Released Under Investigation (RUI)”—or kept in custody until your court appearance. Detention must be reviewed regularly and can last up to 96 hours in most cases. - Postal Requisition (Postal Charge)
If you’re not arrested, a Postal Requisition (also called a postal charge) may be sent—especially if you were interviewed under caution or released under investigation. It’s a legal document telling you to appear at a Magistrates’ Court on a specified date. Never ignore one—failing to attend can lead to an arrest warrant. - Court Charge—Typically via Solicitor or CPS
In some cases, particularly more serious ones, the Crown Prosecution Service (CPS) steps in. Prosecutors apply a full test: (1) is there a realistic prospect of conviction, and (2) is prosecution in the public interest? If not, they may decline to charge or offer an alternative, like a caution.
Once the decision to charge is made, the CPS or police sets your first court date—within days or weeks, depending on how serious the case is and whether you’re in custody or on bail.
Reading the Charge Sheet
A charge sheet is the document that officially records what you’re being accused of. It should clearly state:
- The offence(s) you’re charged with,
- Where and when the alleged offence happened,
- What laws you’re accused of breaking.
This is your first real window into what you’re facing.
Take it seriously—get legal advice, check the details, and clarify anything you don’t understand.
What Happens Next—and Who You’ll See First
All criminal cases in England and Wales start in the Magistrates’ Court, even if they eventually go to Crown Court. If it’s a minor offence, the trial may stay here. If it’s more serious—or deemed too complex—the Magistrates will send it up to Crown Court.
Wikipedia
At your first hearing, called a Plea and Trial Preparation Hearing (PTPH), the court clerk will read your charges out loud (called an “indictment”) and ask whether you plead guilty or not guilty.
cps.gov.uk
What You Can Do Next
- Understand the type of charge—custody, postal, or court-based—and whether it means you’re already in custody or not.
- Read the charge sheet carefully. It defines the case.
- Know where your case starts—most will begin in Magistrates’ Court.
- Seek legal help early. It makes a real difference to how your case is handled.
- Don’t ignore any notifications—especially postal charges.
Prison (1)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Probation (1)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
Solicitors (5)
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
What Happens When You Plead Guilty
Pleading guilty means you accept responsibility for the offence. There’s no trial—your case moves straight to sentencing. That might be a fine, community order, or imprisonment depending on the offence’s seriousness.
The big trade-off:
- Sentence reduction. You could get up to one-third off your sentence for an early guilty plea. The earlier it is entered, the bigger the discount. If you plead guilty only on the day of trial, reductions are as low as 10%.
- Practical relief. Especially if you’re on remand, a guilty plea can mean immediate release based on time served. That has become more common as court delays force people to spend much longer behind bars unnecessarily.
But rushing to plead guilty can have deep consequences—emotionally, legally, and ethically.
What Happens When You Plead Not Guilty
Pleading not guilty means your case will go to trial, and the court must find you guilty beyond reasonable doubt.
The benefits:
- Defending your innocence. If there’s a chance you didn’t commit the offence or have a defence, you can challenge evidence and push for acquittal.
The risks:
- If convicted, you may face a harsher sentence than if you had pleaded guilty early, because you lose out on the reduction.
- Court delays and uncertainty. Trials can be pushed back for months or years—delays that damage family life, stability, and mental health.
Real Pressures on the System
Lengthy trials, backlogs, and remand overcrowding have led many people—sometimes even innocent—to plead guilty just to escape prison. Some remand prisoners have been told they will be released immediately if they plead guilty, even if evidence is weak. This creates a system that unwittingly makes guilty pleas seem like the easiest path.
Can You Change Your Plea?
Yes—sometimes.
From Not Guilty to Guilty
Easy enough. You can change your plea to guilty at any point before the verdict. Judges typically allow it, and you may still receive some sentence reduction, depending on timing.
From Guilty to Not Guilty
This is harder—but possible in certain circumstances:
- The court has judicial discretion to allow a plea withdrawal before sentencing, especially if:
- The plea was equivocal (uncertain, e.g., “Guilty, but…”)
- You can point to undue pressure or poor legal advice at the time
- There’s a serious procedural unfairness or new evidence emerges
However, the court treats such requests cautiously. The application must be made promptly and in writing, clearly explaining why keeping the guilty plea would be unjust. You’ll need legal support to make a strong case.
Compare Your Options
| Plea | What It Means | Benefits | Risks |
|---|---|---|---|
| Guilty | Admit offence, go to sentencing | Sentence reduction; quicker release / lower punishment if not prison | Permanent record; loss of trial chance; emotional burden |
| Not Guilty | Contest the case, proceed to trial | Chance of acquittal; defend rights | Heavier sentence if convicted; long waits; uncertainty |
| Change Plea | Switch decisions based on counsel/advice | Flexibility if early | Hard to reverse plea; may need court’s say-so |
Choosing your plea is one of the most serious decisions you’ll make in the process. It affects your freedom, your record, and your mental wellbeing—and indirectly affects your family and supporters too. You don’t have to face it alone. Getting specialist legal advice early is vital—they can help you understand your odds, the evidence, and what life on remand could look like while you’re waiting.
Why Preparation Matters
Facing trial is daunting. It can feel like your whole life is on hold while everyone else decides what happens next. While your legal team handles the paperwork, evidence, and arguments, there’s still plenty you can do to stay informed, organised, and ready.
Preparation isn’t about replacing your solicitor — it’s about making sure you understand what’s happening, know what’s coming next, and can support your defence in the best way possible.
Understanding What’s Ahead
Your trial will follow a structure, and knowing the basics helps reduce some of the fear:
- The prosecution will present their case first.
- Your defence team will challenge their evidence and present yours.
- Witnesses may be called and cross-examined.
- The magistrates or jury will decide if you’re guilty or not guilty.
Your solicitor or barrister will explain the details relevant to your case, but having a rough idea of the process can make things less overwhelming.
What You Can Do to Prepare
1. Stay Organised
- Keep every document you receive — charge sheets, bail conditions, letters from your solicitor or the court.
- Use a simple folder or binder and keep copies of everything in order.
- Make a note of important dates, deadlines, and hearing times.
Even small slips — like missing a court date — can cause serious problems, so staying organised really helps.
2. Be Honest and Thorough with Your Legal Team
Your solicitor can only build a strong defence if they know everything. Even if something feels embarrassing, irrelevant, or damaging, tell them. Surprises in court rarely go well, and your team can’t defend what they don’t know about.
3. Think About Witnesses and Evidence
You don’t have to collect statements or prepare bundles — your legal team will handle that — but you can:
- Make a list of anyone who was there, saw, or heard something relevant.
- Pass on names, phone numbers, and what they might know to your solicitor.
- Flag any texts, emails, or social media messages you think matter. Don’t delete anything.
Your job isn’t to analyse evidence; it’s to make sure your solicitor has all the information they need.
4. Prepare Yourself Mentally
Trials can be draining. The process is slow, the days are long, and you’ll likely hear things said about you that are upsetting or unfair.
- Get plenty of rest beforehand if you can.
- Bring water and snacks if allowed — trials can run all day.
- Have someone you trust to talk to afterwards — family, friends, or a support group.
- Consider accessing mental health support; the stress of waiting can take a real toll.
5. Support Your Family and Let Them Support You
If you have children, a partner, or family relying on you, talk to them early about what’s coming. Trials affect everyone — not just the defendant — and having a plan for childcare, bills, and emotional support can make a big difference.
Common Worries — And What to Do About Them
“I feel like I’m not getting updates.”
It’s okay to check in with your solicitor and ask for a clear breakdown of where things stand.
“I don’t understand what’s happening in court.”
Ask your legal team to explain things in plain English. They’re used to jargon — you’re not.
“I’m worried about what to say if I’m called to give evidence.”
Your solicitor or barrister will explain exactly what’s expected and prepare you before you step into the witness box.
Quick Checklist for Defendants
- Keep all paperwork safe and organised.
- Share every detail and document with your solicitor.
- Write down witness names and pass them on — don’t contact witnesses yourself.
- Note down all court dates and deadlines.
- Prepare emotionally — trials can be long and stressful.
- Talk openly with family and supporters.
- Ask questions until you understand what’s happening.
Understanding Your Charges
How Charges Are Issued
When the police or prosecutors decide there’s enough evidence, a formal charge can be issued in one of three ways:
- Custody Charge
If the police have you in custody, a Custody Officer decides whether there’s enough evidence to press charges. If so, you’ll be charged and either released—possibly on police bail or “Released Under Investigation (RUI)”—or kept in custody until your court appearance. Detention must be reviewed regularly and can last up to 96 hours in most cases. - Postal Requisition (Postal Charge)
If you’re not arrested, a Postal Requisition (also called a postal charge) may be sent—especially if you were interviewed under caution or released under investigation. It’s a legal document telling you to appear at a Magistrates’ Court on a specified date. Never ignore one—failing to attend can lead to an arrest warrant. - Court Charge—Typically via Solicitor or CPS
In some cases, particularly more serious ones, the Crown Prosecution Service (CPS) steps in. Prosecutors apply a full test: (1) is there a realistic prospect of conviction, and (2) is prosecution in the public interest? If not, they may decline to charge or offer an alternative, like a caution.
Once the decision to charge is made, the CPS or police sets your first court date—within days or weeks, depending on how serious the case is and whether you’re in custody or on bail.
Reading the Charge Sheet
A charge sheet is the document that officially records what you’re being accused of. It should clearly state:
- The offence(s) you’re charged with,
- Where and when the alleged offence happened,
- What laws you’re accused of breaking.
This is your first real window into what you’re facing.
Take it seriously—get legal advice, check the details, and clarify anything you don’t understand.
What Happens Next—and Who You’ll See First
All criminal cases in England and Wales start in the Magistrates’ Court, even if they eventually go to Crown Court. If it’s a minor offence, the trial may stay here. If it’s more serious—or deemed too complex—the Magistrates will send it up to Crown Court.
Wikipedia
At your first hearing, called a Plea and Trial Preparation Hearing (PTPH), the court clerk will read your charges out loud (called an “indictment”) and ask whether you plead guilty or not guilty.
cps.gov.uk
What You Can Do Next
- Understand the type of charge—custody, postal, or court-based—and whether it means you’re already in custody or not.
- Read the charge sheet carefully. It defines the case.
- Know where your case starts—most will begin in Magistrates’ Court.
- Seek legal help early. It makes a real difference to how your case is handled.
- Don’t ignore any notifications—especially postal charges.
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 (2)
Being acquitted or receiving a No Further Action (NFA) decision should feel like the end of the nightmare — the moment when everything returns to normal. But for many, that’s not how it feels. Instead of instant relief, there can be exhaustion, anxiety, anger, and a deep sense of loss for the time, trust, and relationships damaged along the way.
This stage is rarely talked about, yet it’s one of the hardest to navigate. The legal process ends, but the emotional fallout often doesn’t. Understanding what’s normal, and where to find support, can make a huge difference.
Why Relief Isn’t Always Immediate
Spending months — sometimes years — under investigation or facing trial takes a toll on your mental health. By the time you’re cleared, your body and mind are often burned out. You’ve likely been living in survival mode, constantly bracing for the worst. When the case finally ends, it’s common to feel numb rather than overjoyed.
That’s because while the system has moved on, you’re still processing the damage — sleepless nights, reputational harm, strained relationships, and the disruption to work, finances, and family life. None of that disappears overnight, and it’s okay to feel frustrated that “getting cleared” doesn’t magically fix everything.
Common Feelings After Acquittal or NFA
Everyone reacts differently, but there are some emotional themes we hear time and again:
- Exhaustion and burnout — months of adrenaline finally catch up with you
- Anxiety about the future — worrying if people still believe the allegation
- Anger and resentment — at the police, the accuser, or the system itself
- Isolation — friends or family may have stepped back during the process
- Loss of identity — especially if your job, hobbies, or relationships were affected
These reactions are natural. They don’t mean you’re “not coping” — they’re part of adjusting to life after prolonged stress and uncertainty.
Rebuilding Your Confidence
When your name has been tied to an allegation, even unfairly, it can affect how you see yourself. Rebuilding confidence takes time, and small steps are important. Some people start by reconnecting with trusted friends and family; others find value in speaking with peer support groups, charities, or counsellors who understand the emotional impact of being accused.
If your case was highly public or affected your job, you may also need practical help managing stigma. Learning how to disclose what happened — and when to stay silent — can make a huge difference to how you move forward.
Looking After Your Mental Health
The end of the case isn’t the end of the journey. Some people experience symptoms of anxiety, depression, or even PTSD after their legal process ends. If you notice flashbacks, panic attacks, or prolonged low mood, you’re not alone — and you don’t have to handle it without help.
You can:
- Ask your GP for a referral to talking therapies or counselling
- Access local NHS mental health teams
- Reach out to organisations like Mind, Samaritans, or the CJS Hub’s Wellbeing Hub for support
- Consider peer support spaces where you can talk to others who’ve been through the same thing
Asking for help isn’t weakness — it’s part of taking control of your recovery.
For Families and Supporters
The emotional aftermath affects loved ones too. Parents, partners, and friends often carry their own stress, guilt, and anger after standing by someone accused of a crime. Communication matters here: being open about what you’re struggling with, while respecting each other’s coping styles, helps avoid misunderstandings that can deepen divides.
Supporters may also need their own spaces to talk — whether that’s peer groups, counselling, or connecting with others who’ve walked the same path.
Final Thoughts
An acquittal or NFA may close the legal chapter, but it doesn’t close the emotional one overnight. You’ve been through something extraordinary, and healing takes time. Surrounding yourself with the right people, seeking out support when you need it, and accepting that recovery is a process — not a switch — can help you start rebuilding.
The CJS Hub is here to offer guidance, resources, and understanding — for you and for those around you.
Why Preparation Matters
Facing trial is daunting. It can feel like your whole life is on hold while everyone else decides what happens next. While your legal team handles the paperwork, evidence, and arguments, there’s still plenty you can do to stay informed, organised, and ready.
Preparation isn’t about replacing your solicitor — it’s about making sure you understand what’s happening, know what’s coming next, and can support your defence in the best way possible.
Understanding What’s Ahead
Your trial will follow a structure, and knowing the basics helps reduce some of the fear:
- The prosecution will present their case first.
- Your defence team will challenge their evidence and present yours.
- Witnesses may be called and cross-examined.
- The magistrates or jury will decide if you’re guilty or not guilty.
Your solicitor or barrister will explain the details relevant to your case, but having a rough idea of the process can make things less overwhelming.
What You Can Do to Prepare
1. Stay Organised
- Keep every document you receive — charge sheets, bail conditions, letters from your solicitor or the court.
- Use a simple folder or binder and keep copies of everything in order.
- Make a note of important dates, deadlines, and hearing times.
Even small slips — like missing a court date — can cause serious problems, so staying organised really helps.
2. Be Honest and Thorough with Your Legal Team
Your solicitor can only build a strong defence if they know everything. Even if something feels embarrassing, irrelevant, or damaging, tell them. Surprises in court rarely go well, and your team can’t defend what they don’t know about.
3. Think About Witnesses and Evidence
You don’t have to collect statements or prepare bundles — your legal team will handle that — but you can:
- Make a list of anyone who was there, saw, or heard something relevant.
- Pass on names, phone numbers, and what they might know to your solicitor.
- Flag any texts, emails, or social media messages you think matter. Don’t delete anything.
Your job isn’t to analyse evidence; it’s to make sure your solicitor has all the information they need.
4. Prepare Yourself Mentally
Trials can be draining. The process is slow, the days are long, and you’ll likely hear things said about you that are upsetting or unfair.
- Get plenty of rest beforehand if you can.
- Bring water and snacks if allowed — trials can run all day.
- Have someone you trust to talk to afterwards — family, friends, or a support group.
- Consider accessing mental health support; the stress of waiting can take a real toll.
5. Support Your Family and Let Them Support You
If you have children, a partner, or family relying on you, talk to them early about what’s coming. Trials affect everyone — not just the defendant — and having a plan for childcare, bills, and emotional support can make a big difference.
Common Worries — And What to Do About Them
“I feel like I’m not getting updates.”
It’s okay to check in with your solicitor and ask for a clear breakdown of where things stand.
“I don’t understand what’s happening in court.”
Ask your legal team to explain things in plain English. They’re used to jargon — you’re not.
“I’m worried about what to say if I’m called to give evidence.”
Your solicitor or barrister will explain exactly what’s expected and prepare you before you step into the witness box.
Quick Checklist for Defendants
- Keep all paperwork safe and organised.
- Share every detail and document with your solicitor.
- Write down witness names and pass them on — don’t contact witnesses yourself.
- Note down all court dates and deadlines.
- Prepare emotionally — trials can be long and stressful.
- Talk openly with family and supporters.
- Ask questions until you understand what’s happening.
The Arrest (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.
Trial (6)
Being acquitted or receiving a No Further Action (NFA) decision should feel like the end of the nightmare — the moment when everything returns to normal. But for many, that’s not how it feels. Instead of instant relief, there can be exhaustion, anxiety, anger, and a deep sense of loss for the time, trust, and relationships damaged along the way.
This stage is rarely talked about, yet it’s one of the hardest to navigate. The legal process ends, but the emotional fallout often doesn’t. Understanding what’s normal, and where to find support, can make a huge difference.
Why Relief Isn’t Always Immediate
Spending months — sometimes years — under investigation or facing trial takes a toll on your mental health. By the time you’re cleared, your body and mind are often burned out. You’ve likely been living in survival mode, constantly bracing for the worst. When the case finally ends, it’s common to feel numb rather than overjoyed.
That’s because while the system has moved on, you’re still processing the damage — sleepless nights, reputational harm, strained relationships, and the disruption to work, finances, and family life. None of that disappears overnight, and it’s okay to feel frustrated that “getting cleared” doesn’t magically fix everything.
Common Feelings After Acquittal or NFA
Everyone reacts differently, but there are some emotional themes we hear time and again:
- Exhaustion and burnout — months of adrenaline finally catch up with you
- Anxiety about the future — worrying if people still believe the allegation
- Anger and resentment — at the police, the accuser, or the system itself
- Isolation — friends or family may have stepped back during the process
- Loss of identity — especially if your job, hobbies, or relationships were affected
These reactions are natural. They don’t mean you’re “not coping” — they’re part of adjusting to life after prolonged stress and uncertainty.
Rebuilding Your Confidence
When your name has been tied to an allegation, even unfairly, it can affect how you see yourself. Rebuilding confidence takes time, and small steps are important. Some people start by reconnecting with trusted friends and family; others find value in speaking with peer support groups, charities, or counsellors who understand the emotional impact of being accused.
If your case was highly public or affected your job, you may also need practical help managing stigma. Learning how to disclose what happened — and when to stay silent — can make a huge difference to how you move forward.
Looking After Your Mental Health
The end of the case isn’t the end of the journey. Some people experience symptoms of anxiety, depression, or even PTSD after their legal process ends. If you notice flashbacks, panic attacks, or prolonged low mood, you’re not alone — and you don’t have to handle it without help.
You can:
- Ask your GP for a referral to talking therapies or counselling
- Access local NHS mental health teams
- Reach out to organisations like Mind, Samaritans, or the CJS Hub’s Wellbeing Hub for support
- Consider peer support spaces where you can talk to others who’ve been through the same thing
Asking for help isn’t weakness — it’s part of taking control of your recovery.
For Families and Supporters
The emotional aftermath affects loved ones too. Parents, partners, and friends often carry their own stress, guilt, and anger after standing by someone accused of a crime. Communication matters here: being open about what you’re struggling with, while respecting each other’s coping styles, helps avoid misunderstandings that can deepen divides.
Supporters may also need their own spaces to talk — whether that’s peer groups, counselling, or connecting with others who’ve walked the same path.
Final Thoughts
An acquittal or NFA may close the legal chapter, but it doesn’t close the emotional one overnight. You’ve been through something extraordinary, and healing takes time. Surrounding yourself with the right people, seeking out support when you need it, and accepting that recovery is a process — not a switch — can help you start rebuilding.
The CJS Hub is here to offer guidance, resources, and understanding — for you and for those around you.
Sentencing Options Explained
Why Sentencing Happens
If you plead guilty or are found guilty after trial, the court has to decide what happens next. Sentencing isn’t just about punishment — it also aims to protect the public, rehabilitate offenders, and deter future offending.
Sentences can feel complex, but in most cases, they fall into one of a few main categories. Knowing the basics can make things clearer for you and your family.
Discharge — No Punishment, But Still a Record
Absolute Discharge:
- The court decides no punishment is needed.
- Rare, but can happen for very minor offences or where blame is minimal.
Conditional Discharge:
- No immediate punishment if you stay out of trouble for a set period (up to 3 years).
- If you commit another offence during that time, you can be sentenced for both.
Fines
- Fines are common for minor offences, especially in Magistrates’ Court.
- The amount depends on the seriousness of the offence and your ability to pay.
- The court can set payment plans if you can’t afford the full amount up front.
- Not paying fines can lead to enforcement action — even prison in extreme cases.
Community Orders
Community orders are designed to punish but also rehabilitate. The court can impose one or more “requirements,” such as:
- Unpaid Work (Community Service) — typically 40 to 300 hours, supervised.
- Rehabilitation Activity Requirements (RARs) — meetings, courses, or therapy aimed at addressing offending behaviour.
- Curfews / Electronic Tags — you may have to stay at home during certain hours.
- Exclusion Zones — banning you from certain places.
- Drug or Alcohol Treatment — compulsory testing or programmes if relevant.
Failing to comply can lead to harsher penalties, including custody.
Suspended Sentences
This is where the court imposes a prison sentence but “suspends” it for a set period (up to 2 years).
- You don’t go to prison straight away, but you must comply with conditions (like attending appointments, doing unpaid work, or following curfews).
- If you commit another offence or breach the order, the sentence can be “activated” — meaning you serve the original prison time plus anything for the new offence.
- A suspended sentence is still a criminal conviction and will show on a DBS check.
Immediate Custody (Prison Sentences)
If the court decides your offence is so serious that only prison is appropriate, you’ll be sentenced to custody.
How it works in England & Wales:
- Sentence length: Depends on the seriousness of the offence and your previous record.
- Automatic release:
- Sentences under 12 months → Usually serve half in prison, the rest on licence in the community.
- Sentences 12 months or longer → Usually serve half to two-thirds in custody, depending on offence type.
- Extended sentences → For some violent or sexual offences, you may serve more in prison before release.
- Life sentences & IPPs: Special rules apply, and parole decisions are involved.
Even after release, you’ll normally remain on licence — meaning probation supervises you and you must follow strict rules.
Young People (Under 18)
Sentences for young people are different and aim more at rehabilitation. Options include:
- Referral Orders — meeting with a youth offender panel to agree on a rehabilitation plan.
- Youth Rehabilitation Orders (YROs) — the youth equivalent of community orders, with tailored conditions.
- Detention & Training Orders (DTOs) — a mix of custody and supervised release.
Victim Surcharges, Costs & Compensation
Whatever sentence you receive, the court may also order:
- A Victim Surcharge — a set amount based on your sentence, used to fund victim services.
- Prosecution Costs — contributing towards the CPS’s costs.
- Compensation Orders — paying money directly to victims.
These are in addition to any fines or other penalties.
How Courts Decide: Sentencing Guidelines
Judges and magistrates follow official Sentencing Council guidelines. They look at:
- The seriousness of the offence.
- Any aggravating factors (weapons, repeat offending, targeting vulnerable victims).
- Any mitigating factors (genuine remorse, previous good character, mental health issues).
- Whether you pleaded guilty early.
Every case is different, but these rules keep sentences broadly consistent across England and Wales.
Practical Tips for Defendants & Families
- Ask your solicitor to explain likely sentencing ranges before trial or plea.
- If you’re worried about custody, ask about pre-sentence reports — these can influence whether you get community-based options.
- Make arrangements for children, pets, bills, and work before sentencing day if there’s a chance of custody.
- If you get a community or suspended sentence, stick to the conditions — breaching them makes things much worse.
What Happens When You Plead Guilty
Pleading guilty means you accept responsibility for the offence. There’s no trial—your case moves straight to sentencing. That might be a fine, community order, or imprisonment depending on the offence’s seriousness.
The big trade-off:
- Sentence reduction. You could get up to one-third off your sentence for an early guilty plea. The earlier it is entered, the bigger the discount. If you plead guilty only on the day of trial, reductions are as low as 10%.
- Practical relief. Especially if you’re on remand, a guilty plea can mean immediate release based on time served. That has become more common as court delays force people to spend much longer behind bars unnecessarily.
But rushing to plead guilty can have deep consequences—emotionally, legally, and ethically.
What Happens When You Plead Not Guilty
Pleading not guilty means your case will go to trial, and the court must find you guilty beyond reasonable doubt.
The benefits:
- Defending your innocence. If there’s a chance you didn’t commit the offence or have a defence, you can challenge evidence and push for acquittal.
The risks:
- If convicted, you may face a harsher sentence than if you had pleaded guilty early, because you lose out on the reduction.
- Court delays and uncertainty. Trials can be pushed back for months or years—delays that damage family life, stability, and mental health.
Real Pressures on the System
Lengthy trials, backlogs, and remand overcrowding have led many people—sometimes even innocent—to plead guilty just to escape prison. Some remand prisoners have been told they will be released immediately if they plead guilty, even if evidence is weak. This creates a system that unwittingly makes guilty pleas seem like the easiest path.
Can You Change Your Plea?
Yes—sometimes.
From Not Guilty to Guilty
Easy enough. You can change your plea to guilty at any point before the verdict. Judges typically allow it, and you may still receive some sentence reduction, depending on timing.
From Guilty to Not Guilty
This is harder—but possible in certain circumstances:
- The court has judicial discretion to allow a plea withdrawal before sentencing, especially if:
- The plea was equivocal (uncertain, e.g., “Guilty, but…”)
- You can point to undue pressure or poor legal advice at the time
- There’s a serious procedural unfairness or new evidence emerges
However, the court treats such requests cautiously. The application must be made promptly and in writing, clearly explaining why keeping the guilty plea would be unjust. You’ll need legal support to make a strong case.
Compare Your Options
| Plea | What It Means | Benefits | Risks |
|---|---|---|---|
| Guilty | Admit offence, go to sentencing | Sentence reduction; quicker release / lower punishment if not prison | Permanent record; loss of trial chance; emotional burden |
| Not Guilty | Contest the case, proceed to trial | Chance of acquittal; defend rights | Heavier sentence if convicted; long waits; uncertainty |
| Change Plea | Switch decisions based on counsel/advice | Flexibility if early | Hard to reverse plea; may need court’s say-so |
Choosing your plea is one of the most serious decisions you’ll make in the process. It affects your freedom, your record, and your mental wellbeing—and indirectly affects your family and supporters too. You don’t have to face it alone. Getting specialist legal advice early is vital—they can help you understand your odds, the evidence, and what life on remand could look like while you’re waiting.
Why Preparation Matters
Facing trial is daunting. It can feel like your whole life is on hold while everyone else decides what happens next. While your legal team handles the paperwork, evidence, and arguments, there’s still plenty you can do to stay informed, organised, and ready.
Preparation isn’t about replacing your solicitor — it’s about making sure you understand what’s happening, know what’s coming next, and can support your defence in the best way possible.
Understanding What’s Ahead
Your trial will follow a structure, and knowing the basics helps reduce some of the fear:
- The prosecution will present their case first.
- Your defence team will challenge their evidence and present yours.
- Witnesses may be called and cross-examined.
- The magistrates or jury will decide if you’re guilty or not guilty.
Your solicitor or barrister will explain the details relevant to your case, but having a rough idea of the process can make things less overwhelming.
What You Can Do to Prepare
1. Stay Organised
- Keep every document you receive — charge sheets, bail conditions, letters from your solicitor or the court.
- Use a simple folder or binder and keep copies of everything in order.
- Make a note of important dates, deadlines, and hearing times.
Even small slips — like missing a court date — can cause serious problems, so staying organised really helps.
2. Be Honest and Thorough with Your Legal Team
Your solicitor can only build a strong defence if they know everything. Even if something feels embarrassing, irrelevant, or damaging, tell them. Surprises in court rarely go well, and your team can’t defend what they don’t know about.
3. Think About Witnesses and Evidence
You don’t have to collect statements or prepare bundles — your legal team will handle that — but you can:
- Make a list of anyone who was there, saw, or heard something relevant.
- Pass on names, phone numbers, and what they might know to your solicitor.
- Flag any texts, emails, or social media messages you think matter. Don’t delete anything.
Your job isn’t to analyse evidence; it’s to make sure your solicitor has all the information they need.
4. Prepare Yourself Mentally
Trials can be draining. The process is slow, the days are long, and you’ll likely hear things said about you that are upsetting or unfair.
- Get plenty of rest beforehand if you can.
- Bring water and snacks if allowed — trials can run all day.
- Have someone you trust to talk to afterwards — family, friends, or a support group.
- Consider accessing mental health support; the stress of waiting can take a real toll.
5. Support Your Family and Let Them Support You
If you have children, a partner, or family relying on you, talk to them early about what’s coming. Trials affect everyone — not just the defendant — and having a plan for childcare, bills, and emotional support can make a big difference.
Common Worries — And What to Do About Them
“I feel like I’m not getting updates.”
It’s okay to check in with your solicitor and ask for a clear breakdown of where things stand.
“I don’t understand what’s happening in court.”
Ask your legal team to explain things in plain English. They’re used to jargon — you’re not.
“I’m worried about what to say if I’m called to give evidence.”
Your solicitor or barrister will explain exactly what’s expected and prepare you before you step into the witness box.
Quick Checklist for Defendants
- Keep all paperwork safe and organised.
- Share every detail and document with your solicitor.
- Write down witness names and pass them on — don’t contact witnesses yourself.
- Note down all court dates and deadlines.
- Prepare emotionally — trials can be long and stressful.
- Talk openly with family and supporters.
- Ask questions until you understand what’s happening.
Understanding Your Charges
How Charges Are Issued
When the police or prosecutors decide there’s enough evidence, a formal charge can be issued in one of three ways:
- Custody Charge
If the police have you in custody, a Custody Officer decides whether there’s enough evidence to press charges. If so, you’ll be charged and either released—possibly on police bail or “Released Under Investigation (RUI)”—or kept in custody until your court appearance. Detention must be reviewed regularly and can last up to 96 hours in most cases. - Postal Requisition (Postal Charge)
If you’re not arrested, a Postal Requisition (also called a postal charge) may be sent—especially if you were interviewed under caution or released under investigation. It’s a legal document telling you to appear at a Magistrates’ Court on a specified date. Never ignore one—failing to attend can lead to an arrest warrant. - Court Charge—Typically via Solicitor or CPS
In some cases, particularly more serious ones, the Crown Prosecution Service (CPS) steps in. Prosecutors apply a full test: (1) is there a realistic prospect of conviction, and (2) is prosecution in the public interest? If not, they may decline to charge or offer an alternative, like a caution.
Once the decision to charge is made, the CPS or police sets your first court date—within days or weeks, depending on how serious the case is and whether you’re in custody or on bail.
Reading the Charge Sheet
A charge sheet is the document that officially records what you’re being accused of. It should clearly state:
- The offence(s) you’re charged with,
- Where and when the alleged offence happened,
- What laws you’re accused of breaking.
This is your first real window into what you’re facing.
Take it seriously—get legal advice, check the details, and clarify anything you don’t understand.
What Happens Next—and Who You’ll See First
All criminal cases in England and Wales start in the Magistrates’ Court, even if they eventually go to Crown Court. If it’s a minor offence, the trial may stay here. If it’s more serious—or deemed too complex—the Magistrates will send it up to Crown Court.
Wikipedia
At your first hearing, called a Plea and Trial Preparation Hearing (PTPH), the court clerk will read your charges out loud (called an “indictment”) and ask whether you plead guilty or not guilty.
cps.gov.uk
What You Can Do Next
- Understand the type of charge—custody, postal, or court-based—and whether it means you’re already in custody or not.
- Read the charge sheet carefully. It defines the case.
- Know where your case starts—most will begin in Magistrates’ Court.
- Seek legal help early. It makes a real difference to how your case is handled.
- Don’t ignore any notifications—especially postal charges.
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.
Well Being (2)
Being acquitted or receiving a No Further Action (NFA) decision should feel like the end of the nightmare — the moment when everything returns to normal. But for many, that’s not how it feels. Instead of instant relief, there can be exhaustion, anxiety, anger, and a deep sense of loss for the time, trust, and relationships damaged along the way.
This stage is rarely talked about, yet it’s one of the hardest to navigate. The legal process ends, but the emotional fallout often doesn’t. Understanding what’s normal, and where to find support, can make a huge difference.
Why Relief Isn’t Always Immediate
Spending months — sometimes years — under investigation or facing trial takes a toll on your mental health. By the time you’re cleared, your body and mind are often burned out. You’ve likely been living in survival mode, constantly bracing for the worst. When the case finally ends, it’s common to feel numb rather than overjoyed.
That’s because while the system has moved on, you’re still processing the damage — sleepless nights, reputational harm, strained relationships, and the disruption to work, finances, and family life. None of that disappears overnight, and it’s okay to feel frustrated that “getting cleared” doesn’t magically fix everything.
Common Feelings After Acquittal or NFA
Everyone reacts differently, but there are some emotional themes we hear time and again:
- Exhaustion and burnout — months of adrenaline finally catch up with you
- Anxiety about the future — worrying if people still believe the allegation
- Anger and resentment — at the police, the accuser, or the system itself
- Isolation — friends or family may have stepped back during the process
- Loss of identity — especially if your job, hobbies, or relationships were affected
These reactions are natural. They don’t mean you’re “not coping” — they’re part of adjusting to life after prolonged stress and uncertainty.
Rebuilding Your Confidence
When your name has been tied to an allegation, even unfairly, it can affect how you see yourself. Rebuilding confidence takes time, and small steps are important. Some people start by reconnecting with trusted friends and family; others find value in speaking with peer support groups, charities, or counsellors who understand the emotional impact of being accused.
If your case was highly public or affected your job, you may also need practical help managing stigma. Learning how to disclose what happened — and when to stay silent — can make a huge difference to how you move forward.
Looking After Your Mental Health
The end of the case isn’t the end of the journey. Some people experience symptoms of anxiety, depression, or even PTSD after their legal process ends. If you notice flashbacks, panic attacks, or prolonged low mood, you’re not alone — and you don’t have to handle it without help.
You can:
- Ask your GP for a referral to talking therapies or counselling
- Access local NHS mental health teams
- Reach out to organisations like Mind, Samaritans, or the CJS Hub’s Wellbeing Hub for support
- Consider peer support spaces where you can talk to others who’ve been through the same thing
Asking for help isn’t weakness — it’s part of taking control of your recovery.
For Families and Supporters
The emotional aftermath affects loved ones too. Parents, partners, and friends often carry their own stress, guilt, and anger after standing by someone accused of a crime. Communication matters here: being open about what you’re struggling with, while respecting each other’s coping styles, helps avoid misunderstandings that can deepen divides.
Supporters may also need their own spaces to talk — whether that’s peer groups, counselling, or connecting with others who’ve walked the same path.
Final Thoughts
An acquittal or NFA may close the legal chapter, but it doesn’t close the emotional one overnight. You’ve been through something extraordinary, and healing takes time. Surrounding yourself with the right people, seeking out support when you need it, and accepting that recovery is a process — not a switch — can help you start rebuilding.
The CJS Hub is here to offer guidance, resources, and understanding — for you and for those around you.
Why Preparation Matters
Facing trial is daunting. It can feel like your whole life is on hold while everyone else decides what happens next. While your legal team handles the paperwork, evidence, and arguments, there’s still plenty you can do to stay informed, organised, and ready.
Preparation isn’t about replacing your solicitor — it’s about making sure you understand what’s happening, know what’s coming next, and can support your defence in the best way possible.
Understanding What’s Ahead
Your trial will follow a structure, and knowing the basics helps reduce some of the fear:
- The prosecution will present their case first.
- Your defence team will challenge their evidence and present yours.
- Witnesses may be called and cross-examined.
- The magistrates or jury will decide if you’re guilty or not guilty.
Your solicitor or barrister will explain the details relevant to your case, but having a rough idea of the process can make things less overwhelming.
What You Can Do to Prepare
1. Stay Organised
- Keep every document you receive — charge sheets, bail conditions, letters from your solicitor or the court.
- Use a simple folder or binder and keep copies of everything in order.
- Make a note of important dates, deadlines, and hearing times.
Even small slips — like missing a court date — can cause serious problems, so staying organised really helps.
2. Be Honest and Thorough with Your Legal Team
Your solicitor can only build a strong defence if they know everything. Even if something feels embarrassing, irrelevant, or damaging, tell them. Surprises in court rarely go well, and your team can’t defend what they don’t know about.
3. Think About Witnesses and Evidence
You don’t have to collect statements or prepare bundles — your legal team will handle that — but you can:
- Make a list of anyone who was there, saw, or heard something relevant.
- Pass on names, phone numbers, and what they might know to your solicitor.
- Flag any texts, emails, or social media messages you think matter. Don’t delete anything.
Your job isn’t to analyse evidence; it’s to make sure your solicitor has all the information they need.
4. Prepare Yourself Mentally
Trials can be draining. The process is slow, the days are long, and you’ll likely hear things said about you that are upsetting or unfair.
- Get plenty of rest beforehand if you can.
- Bring water and snacks if allowed — trials can run all day.
- Have someone you trust to talk to afterwards — family, friends, or a support group.
- Consider accessing mental health support; the stress of waiting can take a real toll.
5. Support Your Family and Let Them Support You
If you have children, a partner, or family relying on you, talk to them early about what’s coming. Trials affect everyone — not just the defendant — and having a plan for childcare, bills, and emotional support can make a big difference.
Common Worries — And What to Do About Them
“I feel like I’m not getting updates.”
It’s okay to check in with your solicitor and ask for a clear breakdown of where things stand.
“I don’t understand what’s happening in court.”
Ask your legal team to explain things in plain English. They’re used to jargon — you’re not.
“I’m worried about what to say if I’m called to give evidence.”
Your solicitor or barrister will explain exactly what’s expected and prepare you before you step into the witness box.
Quick Checklist for Defendants
- Keep all paperwork safe and organised.
- Share every detail and document with your solicitor.
- Write down witness names and pass them on — don’t contact witnesses yourself.
- Note down all court dates and deadlines.
- Prepare emotionally — trials can be long and stressful.
- Talk openly with family and supporters.
- Ask questions until you understand what’s happening.