Wales · Criminal Law
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Legal context
Criminal law in Wales operates under the same legal framework as England, with prosecutions brought by the Crown Prosecution Service (CPS) and cases heard in Magistrates' Courts and Crown Courts. The Criminal Justice Act 2003 provides the foundation for criminal procedures, while the Welsh Language (Wales) Measure 2011 ensures defendants have the right to use Welsh in all criminal proceedings. Criminal offences range from summary offences like minor theft handled in Magistrates' Courts, to indictable offences such as serious assault tried in Crown Court. The Sentencing Act 2020 governs how courts determine appropriate penalties, from community orders to custodial sentences. Many solicitors in Wales offer bilingual services, ensuring Welsh speakers can receive legal advice in their preferred language.
Key legislation: Criminal Justice Act 2003
At a glance
Under the Welsh Language (Wales) Measure 2011, you have the right to use Welsh in all criminal proceedings in Wales. Courts must provide Welsh-speaking magistrates or judges where requested, and all evidence can be given in Welsh without needing translation.
Criminal cases in Wales begin in Magistrates' Courts, which handle less serious offences with maximum sentences of six months imprisonment. More serious cases are sent to Crown Court, where juries decide guilt and judges can impose longer sentences.
The Crown Prosecution Service decides whether to prosecute criminal cases in Wales based on evidential and public interest tests. They must prove guilt beyond reasonable doubt, while defendants are presumed innocent until proven guilty.
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
Upon arrest, police must caution you and explain your rights, including free legal advice and the right to use Welsh. You'll be taken to a police station where you can contact a solicitor before any interview. The custody sergeant must ensure you understand the process in your preferred language, and you're entitled to have an interpreter present if needed.
Yes, the Welsh Language (Wales) Measure 2011 guarantees your right to use Welsh in any criminal court in Wales. You must notify the court in advance so they can arrange Welsh-speaking magistrates or judges. All your evidence can be given in Welsh, and the court provides simultaneous translation for others. Documents can also be submitted in Welsh.
Magistrates' Courts handle less serious offences like minor theft, driving offences, and common assault, with maximum sentences of six months per offence. Crown Courts deal with serious crimes like robbery, GBH, and murder, where judges and juries determine outcomes. All cases start in Magistrates' Court, with serious matters sent to Crown Court for trial.
The Crown Prosecution Service applies a two-stage test to every case in Wales. First, they assess whether there's sufficient evidence for a realistic prospect of conviction. Second, they consider if prosecution serves the public interest, weighing factors like offence seriousness, harm caused, and the defendant's circumstances. Both tests must be satisfied before proceeding.
You have the right to free legal advice from a solicitor, to have someone informed of your arrest, and to consult the Police Codes of Practice. If Welsh is your preferred language, you're entitled to an interpreter and can request Welsh-speaking officers. You can remain silent during interviews, though this may affect your defence if not mentioned when questioned.
Courts can impose various sentences under the Sentencing Act 2020, including fines, community orders with unpaid work or curfews, and imprisonment. Magistrates can sentence up to six months per offence, while Crown Courts have no upper limit for serious crimes. Courts consider sentencing guidelines, previous convictions, and mitigation when determining appropriate penalties.
If released on bail, you'll typically appear at Magistrates' Court within a few weeks. If remanded in custody, you must appear within 24 hours (or the next available court day). The court then decides whether to grant bail or remand you until trial. Complex cases sent to Crown Court may take several months before the trial begins.
General information only. It may not apply to your facts, and rules or time limits can change.
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