Being charged with a crime

What does being charged mean?

Being charged means you are formally accused of an offence. It does not mean you are guilty.

Depending on the type of case, police or the Crown Prosecution Service may make or authorise the charging decision.

After charge, police decide whether to release you from the police station or keep you in custody for court. A court later decides matters such as bail, remand and how the case should proceed.

Your first hearing will usually be in a magistrates’ court. If you are under 18, it will usually be in a youth court. Some eligible cases can be dealt with under the Single Justice Procedure.

For an official overview, see GOV.UK: being charged with a crime.

What is a charge sheet?

A charge sheet is a document setting out the offence or offences you are accused of. It should give enough detail for you to understand the allegation.

Keep the charge sheet, any bail paperwork and all court documents safe. Give copies to your solicitor as soon as possible.

A charge sheet is not the full prosecution case and is not all the evidence police or prosecutors may later rely on. Your solicitor can obtain and review prosecution material as the case progresses.

What should I do when I am charged?

What happens after I am charged?

What happens next depends on the offence, the evidence, your circumstances and whether police release you.

Police may:

Your first hearing is usually where the court confirms the allegation, considers bail if needed, and decides what should happen next. The court may set further hearing dates, give directions about the case, or send a more serious case to the Crown Court.

What is the Single Justice Procedure?

The Single Justice Procedure is used for certain eligible summary offences. It is not simply a process for any offence described as “minor”.

If it applies, you will receive a Single Justice Procedure notice. A magistrate may decide the case without you attending a courtroom hearing.

You can respond to the notice, enter a plea and ask for a court hearing where appropriate. You normally have 21 days from the date shown on the notice to reply.

If you do not reply in time, a magistrate may decide the case without your response. You could be found guilty or fined.

Do not ignore the notice. Obtain legal advice before entering a plea or deciding how to respond. Read GOV.UK guidance on Single Justice Procedure notices.

Can I be released on bail?

Police may release you on bail from the police station until your first court hearing. Bail may be unconditional or may include conditions.

Conditions can include living at a particular address, not contacting a named person, staying away from a place, reporting to a police station or surrendering a passport. Conditions are not automatic and must be related to the purpose of bail.

At your first court hearing, the court may grant bail, change bail conditions or refuse bail. Court bail and police station bail are different stages of the process.

If police believe you have broken bail conditions, they may arrest you and take you back into custody. What happens next depends on the circumstances. It may include release, different conditions or being brought before a court.

Read more about bail after charge.

What does remand mean?

If police do not release you after charge, they may keep you in custody and bring you before a court as soon as practicable.

At court, magistrates decide whether to grant bail or remand you in custody while the case continues. If an adult is remanded in custody, they may be held in prison while waiting for the next hearing or trial.

If you are under 18, special arrangements apply. If a child is charged and cannot be released, police should normally arrange suitable local authority accommodation before the first hearing where practicable. If a court remands a child in custody, the child is placed in the youth secure estate, not an adult prison. Placement depends on age, needs, risk and available accommodation.

Read GOV.UK guidance on remand and the Criminal Justice Hub guide to children and vulnerable adults in police custody.

What if I cannot attend court?

Do not miss a court date. If you cannot attend because of illness, an emergency or another serious reason, contact your solicitor and the court immediately. Keep evidence explaining why you cannot attend.

If you do not attend when required, the court may issue a warrant for your arrest. Failing to surrender to bail without a reasonable excuse can also be a criminal offence.

What happens at the first court hearing?

At the first hearing, the court will deal with the early stages of the case. You may be asked to enter a plea, although the process depends on the offence and court.

Do not plead guilty simply to finish the case quickly. A guilty plea can have serious consequences. Get legal advice before entering a plea, agreeing facts or accepting a proposed outcome.

The court may also decide bail, set future hearing dates, make directions about the case, and decide whether the case stays in the magistrates’ court or is sent to the Crown Court.

Will I be given all the evidence straight away?

Usually not. The charge sheet is not the complete evidence in the case.

The prosecution must provide information and material through the criminal process. Your solicitor can advise on what has been provided, what you need to understand the allegation and whether further material should be sought.

Can I get legal aid?

If you are charged or go to court, a criminal defence solicitor can check whether you qualify for legal aid for court representation. Eligibility depends on the case and your circumstances. Some children and young people qualify automatically.

You can contact the solicitor who advised you at the police station, ask for the court duty solicitor, or choose another criminal defence solicitor.

Find out more about legal aid after arrest or charge.

Children, vulnerable adults and communication needs

Tell police, your solicitor and the court as soon as possible if you are under 18, may be vulnerable, need an appropriate adult, require an interpreter or British Sign Language support, take medication, have a mental health condition, learning disability, autism, brain injury, mobility need or another communication need.

An appropriate adult supports understanding, communication and fairness in relevant police procedures. They do not replace a solicitor.

You can ask for information to be explained in plain language and for reasonable adjustments to help you take part effectively.

Read the Criminal Justice Hub guide to children and vulnerable adults in police custody.

If you are concerned about what has happened

Tell your solicitor immediately if you think that police did not explain the charge, did not give you an opportunity for legal advice, treated you unfairly, failed to meet a support need, or imposed bail conditions you do not understand.

Keep your charge sheet, bail notices, letters, messages and court paperwork. Write down important dates and what you have been told.

You can complain to the police force about the conduct of officers or staff. A complaint does not replace urgent legal advice about the charge, bail, evidence or court process. Read the IOPC guide to the police complaints process.

Further information

Important

This information applies to England and Wales. It is general information, not legal advice. If you are charged, obtain legal advice promptly and do not ignore a court date, bail condition or Single Justice Procedure notice.