Criminal Case Journey
The complete journey of a criminal case through the English and Welsh courts, from arrest or voluntary interview through charge, first appearance, trial, sentencing, and appeal.
Who Uses This Journey
Anyone who has been arrested, interviewed under caution, charged with a criminal offence, or is summonsed to appear in court as a defendant. Also informative for victims seeking to understand the process.
Stage-by-Stage Timeline
Arrest or Voluntary Interview
A suspect may be arrested under PACE 1984 s.24 or attend voluntarily for interview. All interviews must be conducted under caution: 'You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court.' The suspect has rights: to a solicitor (duty solicitor is free), appropriate adult if vulnerable, and to know the allegation.
- Request a solicitor — this is always advisable before interview
- Note the offence you are being interviewed about
- Note details of any witnesses you wish to rely on
- Waiving the right to a solicitor — almost always a mistake
- Making a prepared statement without legal advice
- Assuming 'no comment' interview cannot be used against you — adverse inference can be drawn under CJPOA 1994 s.34
Charge or No Further Action
After interview, the police may: release without charge (NFA), release under investigation (RUI), release on bail pending CPS charging decision, or charge (if threshold test met). The CPS Full Code Test requires: (1) sufficient evidence (realistic prospect of conviction), and (2) it is in the public interest to prosecute.
- No Further Action — matter ended
- Released Under Investigation (RUI) — no bail conditions but no charge yet
- Bail with conditions — must comply or risk arrest for breach
- Charged — must attend court
- Summons issued by magistrates
- Breaching bail conditions — this is a separate criminal offence
- Contacting victims or witnesses while on bail — may lead to arrest
First Appearance — Magistrates' Court
All criminal cases begin in the magistrates' court. At the first hearing, the charge(s) are read and the defendant is asked how they plead. The court also considers bail and sets a timetable. For summary offences (e.g. minor traffic offences), the case may be dealt with immediately.
- Proof of identity if requested
- Details of income and outgoings for legal aid assessment
- Bail continued or conditions varied
- Remanded in custody — if bail refused
- Legal aid granted or refused
- Case adjourned for further hearings
- Arriving late — court may proceed in absence
- Not applying for legal aid early — delays advice
Plea (Guilty or Not Guilty)
The defendant enters a formal plea. A guilty plea at the earliest opportunity earns maximum credit off the sentence (up to one-third). A not-guilty plea leads to trial. For either-way offences, mode of trial is determined. For indictable-only offences (murder, rape), the case is automatically sent to Crown Court under s.51 CDA 1998.
- Guilty plea — proceed to sentencing
- Not guilty plea — trial date set
- Equivocal plea — court may enter not guilty
- Plea to lesser offence — crown may accept
- Changing plea at the last minute — reduces credit and disrupts proceedings
- Not understanding the difference between pleading not guilty and denying the charge entirely
Mode of Trial (Either-Way Offences)
For either-way offences (e.g. theft, assault occasioning ABH), the magistrates hold a Plea Before Venue hearing. If the defendant pleads guilty they are sentenced (magistrates) or committed to Crown Court for sentence. If not guilty, the magistrates decide whether the case is suitable for summary trial or must go to Crown Court. The defendant can also elect jury trial.
- Summary trial in magistrates' court
- Sent to Crown Court for trial (Sending for Trial s.51A CDA)
- Defendant elects Crown Court jury trial
- Electing Crown Court trial without understanding sentences are usually heavier there
- Not getting advice on whether summary trial is more favourable
Trial (Magistrates or Crown Court)
Magistrates' trial: heard by district judge or bench of 2–3 lay magistrates (no jury). Crown Court trial: jury of 12 decides guilt; judge decides law and sentence. Prosecution opens and calls witnesses; defence cross-examines. Defence may submit no case to answer (half-time submission) before calling evidence.
- Defence witness list served in advance
- Expert reports (filed and served per timetable)
- CCTV or digital evidence (agreed or challenged)
- Character evidence if defendant testifies
- Guilty verdict — proceed to sentencing
- Not guilty verdict — acquitted, free to go
- Hung jury (Crown Court) — retrial possible
- No case to answer upheld — acquitted
- Defendant giving evidence without careful preparation — cross-examination is searching
- Not raising alibi notice or special defence (e.g. mental illness) in time
Verdict
The verdict is delivered by magistrates (their bench chairman reads it) or the jury foreperson. For Crown Court, the jury must try to reach a unanimous verdict; after 2+ hours the judge can accept a majority verdict (10:2). If not guilty, the defendant is acquitted. If guilty, the case proceeds to sentencing.
- Celebrating or reacting in court before leaving — contempt risk
- Not noting the verdict carefully for any appeal
Sentencing
The judge or magistrates pass sentence using the Sentencing Guidelines. Factors: offence seriousness, culpability, harm, aggravating/mitigating factors, previous convictions, guilty plea credit. Pre-sentence report (PSR) may be requested. Sentences: absolute/conditional discharge, fine, community order, suspended sentence, custodial sentence.
- Pre-Sentence Report (PSR) prepared by Probation Service
- Character references from employers, family, faith leaders
- Medical or psychiatric reports if relevant
- Victim personal statement (VPS) read to court
- Fine and/or driving disqualification
- Community order (up to 3 years)
- Suspended Sentence Order (SSO)
- Immediate custody
- Mandatory minimum sentence for specified offences
- Not presenting mitigation in a structured way
- Missing opportunity to request a Newton hearing if prosecution's factual basis is disputed
Appeal
From Magistrates' Court: appeal to Crown Court (rehearing; within 21 days) or case stated to King's Bench Division (point of law). From Crown Court: appeal against conviction or sentence to Court of Appeal (Criminal Division) — requires leave; grounds of appeal within 28 days.
- Appeal allowed — conviction quashed or sentence reduced
- Appeal dismissed
- Retrial ordered
- Sentence increased on Attorney General's Reference (for unduly lenient sentences)
- Missing the appeal deadline — time extensions are rare
- Appealing on facts alone rather than arguable grounds of appeal