What happens next? The criminal process step by step

1. Stopped by police

Police may stop you in the street or in a vehicle and ask what you are doing. They can search you only if they have reasonable grounds to suspect you carry items such as drugs, weapons or stolen property, or under a special authorisation (for example Criminal Justice and Public Order Act 1994 s.60).

You can be detained only as long as reasonably needed for the search. You can ask for a copy of the search record, normally within 3 months.

• Officer must give their name, station, the grounds and the object of the search
• You generally do not have to answer questions or give your name when stopped on foot
• Drivers must give name and address and produce a licence when required
• Only outer coat, jacket and gloves can be removed in public

• Was the search lawful?
• Should I complain about how I was treated?

2. Voluntary interview

Police may invite you to attend an interview under caution without arresting you. It has the same legal status as an interview after arrest: what you say can be used in evidence and adverse inferences can be drawn from silence.

No custody time limit applies. You can leave at any time unless you are arrested.

• Free and independent legal advice, in person or by phone
• To be told you are not under arrest and can leave
• To be told the offence being investigated
• An interpreter or appropriate adult if needed

• Should I attend, and when?
• What disclosure have the police given?
• Should I answer questions, give a prepared statement or say no comment?

3. Arrest

An officer can arrest you if they reasonably suspect you of an offence and arrest is necessary, for example to prevent harm or allow a prompt investigation (PACE s.24). You must be told you are under arrest and why, and be cautioned. You are normally taken to a police station as soon as practicable.

• To be told of the arrest and the grounds as soon as practicable
• To be cautioned
• Reasonable force only

• Was the arrest necessary and lawful?
• What am I suspected of?

4. In police custody

A custody officer decides whether to detain you and records your details. Your rights are explained. Police can take fingerprints, photographs and DNA samples after arrest for a recordable offence. Your detention must be reviewed regularly.

Usually 24 hours from arrival at the station; a superintendent can extend to 36 hours for an indictable offence; magistrates can authorise up to 96 hours in total. Terrorism: up to 14 days. Reviews: first within 6 hours, then every 9 hours.

• Free legal advice at any time (PACE s.58)
• To have someone told where you are (PACE s.56)
• To read the PACE Codes of Practice
• Interpreter, medical help, food and rest
• Appropriate adult if under 18 or vulnerable

• How long can I be held?
• Can you contact my family or employer?

5. Police interview

You are interviewed under caution and it is recorded. The caution: you do not have to say anything, but it may harm your defence if you do not mention something you later rely on in court. A court may draw adverse inferences from silence (CJPOA 1994 ss.34 to 37), but not if you were refused legal advice.

• Legal advice before and during interview
• Right to silence (with the adverse inference caveat)
• Breaks, and an interpreter or appropriate adult if needed
• Pre-interview disclosure of the allegation (not necessarily all evidence)

• What evidence do police have?
• Should I answer, give a prepared statement or say no comment?
• What are the risks of each option?

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?

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?

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?

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?

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?

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?