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Frequently Asked Questions
A lot can happen during the life of a court case, and we appreciate that on occasion it is not always obvious what is happening, or why it is happening. It is important to remember that this is YOUR case, and you will be called upon to make decisions as the case progresses. At every stage of the case we will explain what is happening, what if anything is required of you and what will happen next.
Why have I been charged with an offence?
People are charged with offences when the prosecution believe that there is a realistic prospect that they will be convicted of a crime, and that it is in the public interest to prosecute them.
That does not however mean that you are guilty of an offence, or that you will be convicted of an offence if it goes to trial. The evidence at the moment is untested and the accounts and evidence can change as a case develops.
You are simply alleged to have committed an offence, it does not mean at this stage any more than that, although we appreciate that this will be a worrying and stressful time for you and your family.
Will my case appear in the newspapers?
It is only in exceptional circumstances that the details of a criminal case can be kept secret. In almost all cases therefore the press are entitled to report cases. Whether they will do so depends on a number of factors, including how serious the case is and whether there is any local interest in the matter. Whilst it might appear that the newspapers are full of case reports, in fact they report only a very tiny fraction of the one million or so cases that are charged each year.
You must resist the temptation to try and put your side of events and under no circumstances should you speak to the press without first contacting us. You should not comment on your case in any way, whether by speaking about it publicly or in correspondence (this includes postings on social media, the internet, e.g. Facebook etc).
Which court will my case be heard in?
Almost all cases start first in the magistrates’ court. There are 3 categories of case if you are an adult:
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Summary only – these cases (e.g. drink driving) can only be dealt with in the magistrates’ court
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Either-way – these cases (e.g. theft) can be tried in either the magistrates’ court or crown court. The first decision is made by the magistrates’ court and they will order your case to go to the crown court if it is serious and their sentencing powers are not sufficient. If the magistrates’ decide that they can deal with your case, the decision is then one for you – you can choose either trial at the magistrates’ court or trial in the crown court before a jury. If jury trial is more preferable, we will discuss that with you in more detail.
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Indictable only cases – these cases (e.g. robbery, rape) can only be heard in the crown court.
If you are under 18 years of age you will normally be dealt with in the Youth Court (which is part of the magistrates’ court) unless:
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Your case is serious and the magistrates’ sentencing powers are not sufficient, or
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You are being tried with an adult, when in most instances you will be tried in the same court as the adult.
Who will represent me?
In the magistrates’ court you will generally be represented by a solicitor. If your case is heard in the crown court we will instruct an advocate to undertake the advocacy. An advocate is either a solicitor or barrister with specialist advocacy experience. If the case is very serious then we may be able to instruct KIngs Counsel (KC) – but these cases are rare.
Will I get bail?
If you are on bail at the start of the case you will generally remain on bail provided that you comply fully with any conditions imposed on your bail. Breaches of bail are taken very seriously and often result in a person being remanded to prison until the outcome of their case. On occasion a judge might review the bail status if certain events happen, e.g. you are facing a serious charge and the jury convict or you plead guilty. If this situation is likely to occur (and it does not occur very often) we will advise you.
It is absolutely vital that you do not seek to make contact with any prosecution witnesses – if you do so, you are likely to have bail revoked and you may face further charges.
If you are in custody already we will advise as to future bail applications.
Should I plead guilty or not guilty?
When we have your case papers we will advise you on the strength of the prosecution case and whether or not there is a case for you to answer. We will also ask you for your account of what happened and whether or not you admit what is alleged (or some of what is alleged).
Once we have all this information we will set out the options you have; this will depend on many factors that we cannot clearly set out here.
The most important thing to remember is: If you are not guilty then you should plead not guilty. If you are guilty then ordinarily the best thing to do is plead guilty at the earliest stage, this is because your sentence may be less if you plead guilty early, rather than leave it to later.
If I plead guilty what will happen?
The next stage is sentence, although in some cases it is possible to plead guilty but dispute some of the facts. For example: John is charged with stealing £20,000, he admits theft but says that he took only £5,000. Because he has stolen, a guilty plea is appropriate. However, there is a big difference between what is alleged and what he admits. That difference in accounts has to be resolved prior to sentence and there will be a short hearing before a judge during which evidence is called (this is known as a Newton hearing).
If the facts of the case are not disputed then the case will proceed to sentence.
If I plead not guilty what will happen?
We will prepare your case for trial. This will involve preparing to challenge the prosecution evidence, and preparing a proactive defence. We will discuss with you calling witnesses who may be able to assist your case, and obtaining any expert evidence on your behalf.
It is very important that you keep in close contact with us, provide all information asked for without delay and attend all appointments. You have a duty under the Criminal Procedure Rules to assist in the smooth running of your case. We also have a duty under the rules to notify the court if the smooth management of the case is at risk – this may mean telling the court if you are not cooperating.
Will I Go To Prison?
This depends on the seriousness of the offence and your prior offending history (if any). We will be able to advise you early on what sentence is likely if you plead guilty or are convicted.
What are Proceeds of Crime?
If you are convicted or plead guilty to certain offences (e.g. counterfeiting, drug offences) then there will be an enquiry into your financial position. This could result in you having to pay money back if you are deemed to have benefitted from your crime. The provisions are very complex and we will discuss this with you before a decision on plea is made.
Other orders: You could also be ordered to pay compensation and/or costs.