England · Criminal Law
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Legal context
Criminal law in England and Wales operates through a tiered court system, with summary offences heard in Magistrates' Courts and indictable offences tried in Crown Courts. The Crown Prosecution Service (CPS) brings charges on behalf of the state, following the Code for Crown Prosecutors. Defendants have fundamental rights under the Police and Criminal Evidence Act 1984 (PACE), including the right to legal representation and protection during police interviews. The Sentencing Act 2020 governs how courts determine appropriate penalties, whilst the Criminal Justice Act 2003 sets out provisions for bail, evidence, and trial procedures. Throughout proceedings, the prosecution must prove guilt beyond reasonable doubt, with defendants presumed innocent until proven guilty.
Key legislation: Police and Criminal Evidence Act 1984
At a glance
You have the right to free and independent legal advice at the police station under PACE. A duty solicitor is available 24/7, or you can request your own solicitor. Never accept a police caution or answer questions without legal advice, as this can significantly impact your case.
Criminal cases begin in the Magistrates' Court, where decisions are made about bail and whether cases proceed to Crown Court. Magistrates can sentence up to 12 months imprisonment for a single offence. More serious indictable offences are sent to Crown Court for trial by jury.
Criminal legal aid is available through the Legal Aid Agency for those who qualify financially. For Crown Court cases, legal aid is generally available subject to a means test. In Magistrates' Court, both means and interests of justice tests apply to determine eligibility.
What to do next
Call 999 for immediate danger. At a police station, ask for the duty solicitor. For a deadline, check the responsible court, tribunal or authority now.
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Common questions
Police can initially detain you for up to 24 hours without charge. For serious offences, a superintendent can extend this to 36 hours, and magistrates can grant further extensions up to 96 hours maximum. If not charged within these time limits, you must be released. The police may release you under investigation or on bail with conditions whilst they continue their enquiries.
Magistrates' Courts handle less serious 'summary' offences and can impose sentences up to 12 months imprisonment. Cases are heard by magistrates or a district judge without a jury. Crown Courts deal with serious 'indictable' offences like robbery or grievous bodily harm, with trials before a judge and jury. Some 'either-way' offences can be heard in either court depending on severity.
Pleading guilty typically results in a reduced sentence (up to one-third off if early) and avoids trial. However, you'll have a criminal conviction. Pleading not guilty means the CPS must prove their case at trial. If found guilty after trial, sentences are usually harsher. Always seek legal advice before entering any plea, as convictions have long-lasting consequences.
A police caution is a formal warning for minor offences that stays on your criminal record. It's not a conviction but can affect employment, travel, and appear on enhanced DBS checks. Never accept a caution without legal advice - it requires admitting guilt. Once accepted, it's extremely difficult to remove. A solicitor can advise whether accepting is in your best interests.
In England and Wales, criminal convictions remain on your record indefinitely on the Police National Computer. However, they become 'spent' under the Rehabilitation of Offenders Act 1974 after certain periods. Spent convictions don't usually need declaring, except for specific jobs requiring DBS checks. The spending period depends on sentence length - from one year for cautions to never for sentences over four years.
General information only. It may not apply to your facts, and rules or time limits can change.
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