Common Questions
Criminal Law FAQs — Wales
What happens when I'm arrested in Wales?
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.
Can I use Welsh in court proceedings?
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.
What's the difference between Magistrates' Court and Crown Court?
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.
How does the CPS decide whether to prosecute?
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.
What are my rights at a police station in Wales?
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.
What sentences can criminal courts in Wales impose?
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.
How quickly must I appear in court after being charged?
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.
Can I get legal aid for criminal cases in Wales?
Legal aid is available for criminal cases through the Legal Aid Agency, subject to means testing for Magistrates' Court cases. Crown Court cases automatically qualify for legal aid, though you may need to contribute based on income. Everyone gets free legal advice at the police station regardless of financial circumstances. Your solicitor can help with legal aid applications.
