Criminal Procedure
How a criminal case moves from charge to verdict and appeal — the Criminal Procedure Rules 2025, bail, allocation, disclosure, custody time limits, and appeals.
Introduction
Criminal procedure governs the journey of a criminal case through the courts of England & Wales: charge, first hearing, bail or remand, allocation between the magistrates' court and the Crown Court, disclosure of the prosecution case, trial, sentence, and appeal. Since October 2025 the governing procedural code has been the Criminal Procedure Rules 2025 (SI 2025/909), which open with the overriding objective and the duty of every participant to further it. Every criminal case — even one destined for Crown Court trial — starts in a magistrates' court, and the route it then takes depends on whether the offence is summary, triable either way, or indictable only. Alongside the Rules sit the Bail Act 1976 (the general right to bail), the Criminal Procedure and Investigations Act 1996 (disclosure), and statutory custody time limits that cap how long a defendant can be held awaiting trial. This topic covers the procedural pipeline; the rules of evidence themselves are covered in the Evidence & Procedure topic, police powers in Police Powers & PACE, and sentencing in Sentencing Law.
In Brief
Every criminal case starts in a magistrates' court — summary offences stay there, indictable offences (murder, rape, robbery) are always sent to the Crown Court, and either-way offences can go either way. The Criminal Procedure Rules 2025 (SI 2025/909) govern the process. You have a general right to bail (s.4 Bail Act 1976) subject to Schedule 1 exceptions, and the prosecution must disclose material that undermines its case or assists yours (s.3 CPIA 1996). Watch the clocks: 21 days to respond to a single justice procedure notice, 15 working days to appeal from the magistrates' court, 28 days for notice of appeal from the Crown Court, and a 182-day custody time limit awaiting Crown Court trial.
Core Principles
The Overriding Objective — Part 1 of the Criminal Procedure Rules 2025 (SI 2025/909) sets out the overriding objective (rule 1.1), the duty of the participants in a criminal case to further it (rule 1.2), and the court's duty to apply it when exercising any power under the Rules (rule 1.3). The 2025 Rules replaced the Criminal Procedure Rules 2025 as the single procedural code for criminal cases.
Classification of Offences — All criminal cases start in a magistrates' court. Summary offences (most motoring offences, minor criminal damage, common assault) are tried there; either-way offences (such as burglary and drugs offences) can be heard in either the magistrates' court or the Crown Court; the most serious crimes (murder, rape, robbery) are indictable offences that magistrates always pass to the Crown Court.
First Hearing — A defendant's first court hearing after charge is always at a magistrates' court, even if the trial will be at the Crown Court later on. Defendants under 18 usually appear in the youth court. Minor offences may be dealt with on the papers under the single justice procedure, with 21 days to respond to the notice.
The Right to Bail — A person to whom s.4 Bail Act 1976 applies 'shall be granted bail except as provided in Schedule 1' to the Act. Bail may be granted subject to strict conditions — such as keeping away from certain people or places, staying indoors, or wearing a tag — and failing to attend court after being granted bail can itself lead to imprisonment.
Prosecution Disclosure — Under s.3 Criminal Procedure and Investigations Act 1996, the prosecutor must disclose any prosecution material not previously disclosed which might reasonably be considered capable of undermining the case for the prosecution or of assisting the case for the accused — or give the accused a written statement that there is no such material.
Custody Time Limits — A defendant awaiting Crown Court trial cannot simply be held indefinitely: the maximum period of custody between being sent to the Crown Court by a magistrates' court and the start of the trial is 182 days (less time already spent in magistrates' court custody), under the Prosecution of Offences (Custody Time Limits) Regulations 1987. The prosecution must apply to extend the limit or the defendant becomes entitled to bail.
Magistrates' Sentencing Powers — A magistrates' court can impose up to 6 months' imprisonment for summary offences and up to 12 months for either-way offences, as well as fines, community sentences, and bans. If it decides the sentence should be longer, it can commit the case to the Crown Court for sentencing.
Appeals — A defendant convicted in the magistrates' court can appeal to the Crown Court, usually within 15 working days of sentence. From the Crown Court, an appeal against conviction or sentence lies to the Court of Appeal (Criminal Division): notice must be given within 28 days of the conviction, verdict or sentence under the Criminal Appeal Act 1968.
Key Statutes
Leading Cases
R v Galbraith
[1981] 1 WLR 1039
R v Horseferry Road Magistrates' Court, ex p Bennett
[1994] 1 AC 42
R v H and C
[2004] UKHL 3
R v Goodyear
[2005] EWCA Crim 888
Common Scenarios
Charged with a crime and given a court date
After charge you receive a charge sheet setting out the details of the offence, and the police decide whether you are released on bail or kept in custody until the hearing. Your first hearing will be at a magistrates' court even if the case is later sent to the Crown Court. A solicitor will check whether you qualify for legal aid once you are charged.
Remanded in custody or facing a bail decision
The court will decide whether you are kept in custody until the next hearing or released on bail — for example where another hearing is needed or the case is passed to the Crown Court. Section 4 Bail Act 1976 gives a general right to bail except as provided in Schedule 1, but conditions can be attached (staying away from people or places, curfews, tagging), and not attending court while on bail can result in imprisonment.
The prosecution has not handed over its material
Under s.3 CPIA 1996 the prosecutor must disclose material that might reasonably be considered capable of undermining the prosecution case or assisting the defence, or certify in writing that there is none. Disclosure failures are a recurring cause of collapsed trials and can ground an application to stay proceedings or exclude evidence.
Received a single justice procedure notice
Minor offences can be decided without a court hearing under the single justice procedure. If you receive a notice you must respond within 21 days — pleading guilty or not guilty in writing. Ignoring it means the case is decided in your absence.
Convicted in the magistrates' court and want to appeal
You can appeal your conviction or sentence to the Crown Court, but you usually need to appeal within 15 working days of the date you were sentenced. A late appeal must explain and evidence the delay. From the Crown Court, appeals go to the Court of Appeal (Criminal Division) with notice within 28 days.
Frequently Asked Questions
Which court will hear my criminal case?
All criminal cases start in a magistrates' court. Summary offences (most motoring offences, minor criminal damage, common assault not causing significant injury) stay there. Either-way offences such as burglary and drugs offences can be heard in either court. Indictable offences — murder, rape, robbery — are always passed to the Crown Court, where trial is by jury. There is no jury in a magistrates' court: cases are heard by 2 or 3 magistrates or a district judge.
Am I entitled to bail?
There is a general right to bail: s.4 Bail Act 1976 provides that a person to whom it applies shall be granted bail except as provided in Schedule 1 (which lists exceptions such as substantial grounds to believe the defendant would fail to surrender, commit further offences, or interfere with witnesses). If granted bail you may have to follow strict conditions such as keeping away from certain people or places, staying indoors, or wearing a tag — and you can be imprisoned for failing to attend court.
How long can I be held in custody waiting for a Crown Court trial?
The custody time limit between being sent to the Crown Court by a magistrates' court and the start of the trial is 182 days, less any period already spent in the custody of the magistrates' court. The prosecution must apply to the court to extend the limit; if it expires without extension, the defendant is entitled to bail.
What evidence does the prosecution have to show me?
Beyond the material it relies on, the prosecution has a statutory duty of disclosure: s.3 CPIA 1996 requires the prosecutor to disclose any prosecution material which might reasonably be considered capable of undermining the prosecution case or of assisting the case for the accused, or to give a written statement that there is no such material. Sensitive material may only be withheld on public interest immunity grounds with the court's approval (R v H and C [2004] UKHL 3).
Can I get free legal help in a criminal case?
Yes. If you are arrested and held at a police station, a custody officer will help you get legal aid, and you will be offered free advice — by phone, from the police station's duty solicitor, or from your own legal adviser. If you are charged or have to go to court, a solicitor will check whether you qualify for criminal legal aid; at court you can also ask to speak to the court duty solicitor.
How do I appeal a criminal conviction or sentence?
From the magistrates' court, appeal lies to the Crown Court — you usually need to appeal within 15 working days of the date you were sentenced, and a late appeal must explain why with evidence. From the Crown Court, appeal lies to the Court of Appeal (Criminal Division): under the Criminal Appeal Act 1968, notice of appeal or of application for leave must be given within 28 days of the conviction or verdict (or of sentence, for sentence appeals).
Important Deadlines
Typical Costs
Official Resources
What To Do Next
Step-by-Step Guides
Know Your Rights
Common Scenarios
Get Professional Help
Part of our Police, Crime and Victims hub
Arrest rights, bail, court process, victim routes, criminal injuries compensation, and police complaints.