Common Questions
Criminal Law FAQs — England
What should I do if I'm arrested in England?
Exercise your right to remain silent and request a solicitor immediately. You're entitled to free and independent legal advice at the police station. Don't answer any questions or sign anything without speaking to a solicitor first. The duty solicitor is available 24/7, or you can request your own solicitor. Remember, anything you say can be used as evidence against you.
How quickly must I be charged or released?
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.
What's the difference between Magistrates' Court and Crown Court?
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.
Can I get legal aid for criminal defence in England?
Criminal legal aid is available through the Legal Aid Agency. At the police station, legal advice is free for everyone. For court proceedings, Crown Court defendants usually qualify for legal aid subject to a means test. In Magistrates' Court, you must pass both means and 'interests of justice' tests. Your solicitor can help you apply and advise on eligibility.
What happens if I plead guilty versus not guilty?
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.
Can I change my solicitor during criminal proceedings?
Yes, you can change solicitors at any stage of criminal proceedings in England. If receiving legal aid, you'll need good reason to change, such as breakdown in communication or conflict of interest. Private clients can change solicitors freely. Your new solicitor will request your file from the previous firm. Contact us 24/7 if you need new representation.
What is a police caution and should I accept one?
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.
How long do criminal convictions stay on my record?
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.
