Charged with an offence or going to court in England and Wales: what happens next?

Stage 6: Police decision

Outcomes: no further action; released under investigation (no time limit or conditions); pre-charge bail (may have conditions); an out-of-court disposal such as a caution or community resolution, which requires an admission; or charge by police or the CPS, or a postal requisition or summons to court.

Pre-charge bail: initially 3 months; an inspector can extend to 6 months, a superintendent to 9 months, then only a magistrates' court. Summary-only offences must usually be charged within 6 months of the offence.

• To refuse a caution and be considered for prosecution
• Legal advice before accepting a caution
• To make representations on bail extensions
• If charged and kept in custody, to appear at the next court sitting

• Should I accept a caution and how will it affect my record?
• Can you challenge bail conditions?
• What happens if I am released under investigation?

Stage 7: First court hearing

All adult criminal cases start in the magistrates' court (under-18s usually in the youth court). Your identity and the charge are confirmed and the court decides whether to grant bail. There is a general right to bail, with exceptions. A duty solicitor is free at court; legal aid depends on the interests of justice and means.

If kept in police custody after charge, you must be brought to court no later than the first sitting after charge (PACE s.46). Custody time limits: 56 days (summary), 70 days (either-way, from first appearance to summary trial; 56 days if summary trial is decided on within 56 days), 182 days from sending to Crown Court trial.

• Legal representation
• To apply for bail
• To see the initial details of the prosecution case

• Am I eligible for legal aid?
• What are my chances of bail?
• Should I indicate a plea now?

Stage 8: Plea and allocation

Summary-only offences stay in the magistrates' court. Indictable-only offences are sent straight to the Crown Court. For either-way offences you indicate a plea; if not guilty, magistrates decide whether their powers are enough, and you can currently still choose Crown Court jury trial. Crown Court cases have a plea and trial preparation hearing.

Maximum reduction for a guilty plea is one-third, available only at the first stage of proceedings; later pleas earn less.

• To plead not guilty and have a trial
• For either-way offences, currently to elect Crown Court trial
• To receive the prosecution evidence (initial details and disclosure)

• Magistrates or Crown Court: which is better for me?
• How much credit will I get for pleading guilty now?

Stage 9: Trial

In the magistrates' court, magistrates or a district judge decide guilt. In the Crown Court a jury of 12 decides; a majority verdict of at least 10 to 2 is allowed after at least 2 hours of deliberation. The prosecution must prove guilt so the court is sure (beyond reasonable doubt).

• To be presumed innocent
• To cross-examine prosecution witnesses and call your own
• Not to give evidence (though an adverse inference may be drawn, CJPOA s.35)
• An interpreter if needed

• Should I give evidence?
• Which witnesses should we call?
• What happens if I am convicted?

Stage 10: Sentence

The court follows Sentencing Council guidelines, may order a pre-sentence report, and applies any guilty plea reduction. Magistrates can impose up to 6 months per summary offence and 12 months per either-way offence. Since 22 March 2026 courts must usually suspend prison terms of 12 months or less unless exceptions apply.

Release points: many standard determinate sentences currently release at 40%; Sentencing Act 2026 changes (one-third for most sentences) start on 1 October 2026, phased for existing prisoners.

• To present mitigation
• To an explanation of the sentence in court
• Reduction for a guilty plea

• What sentence range applies?
• Is a suspended sentence or community order realistic?
• When will the conviction be spent?

Stage 11: Appeal

From the magistrates' court you can appeal to the Crown Court against conviction (if you pleaded not guilty) or sentence; it rehears the case. From the Crown Court you need permission (leave) from the Court of Appeal. After appeals fail, the Criminal Cases Review Commission can refer cases back.

Magistrates' to Crown Court: usually within 15 working days of sentence. Crown Court to Court of Appeal: notice within 28 days of conviction or sentence (Criminal Appeal Act 1968 s.18). Late appeals need an explanation and may be refused.

• To appeal within the time limits
• Legal advice on the merits of an appeal
• To apply for bail pending appeal

• Are there grounds to appeal?
• Could my sentence be increased on appeal?
• What are the costs?