Frequently Asked Questions
What does it mean to be charged with a crime?
Charging a person or group of people with a crime means the police are formally accusing them of breaking the law. The accused parties will be given a charge sheet, and a hearing will be organised at a Magistrates’ Court.
The police will decide if you can be released on bail until the court hearing. Otherwise, you will be kept in police custody until the hearing, which is usually the next working day.
What are the consequences of being charged with a criminal offence?
The consequences of being charged with a crime will depend on the nature of the charge. There are three categories of criminal cases, each dealt with in different ways:
- Summary offences, which are tried at the Magistrates’ Court
- Either way offences, which are tried at either a Magistrates’ Court or Crown Court depending on the severity
- Indictable offences, which are tried at Crown Court
It’s also worth noting that cases involving defendants aged 10-17 will be tried at Youth Court. If the case is particulaly serious, it will pass onto the Crown Court.
What are summary offences?
Summary offences are tried in the Magistrates’ Court, either by Lay Magistrates or a District Judge. They aren’t quite as serious as either way or indictable offences, and typically carry a maximum sentence of 6 months imprisonment. Examples include non-fatal motoring offences, minor criminal damage, and common assault without causing significant injury.
If the case is associated with a more serious charge, then it may be sent to the Crown Court with the related offence.
What are either way offences?
An either way offence is triable at either the Magistrates’ or Crown Court. Either way offences can vary in seriousness, so the severity of the case will determine the court.
If you are charged with an offence triable either way, you will first appear before the Magistrates’ Court. You will indicate your plea and the Magistrates will then decide whether it will stay at the Magistrates’ Court or be allocated to the Crown Court for more severe sentencing powers.
A person charged with an either way offence will be given the option of electing for the case to proceed at the Crown Court with a jury.
You will need comprehensive legal advice to decide which court should hear your case, which we can help with.
The types of cases which can be classed as either way offences include, but are not limited to:
- Affray
- Burglary
- Possession of drugs
- Theft
What are indictable offences?
Indictable offences are the most serious cases which can only be dealt with by the Crown Court.
If you enter a plea of ‘not guilty’, you will be tried, and the jury will decide on your innocence or guilt.
The judge will then decide on an appropriate sentence if you are found guilty. A range of factors will influence the decision; no ‘one size fits all’ exists.
Indictable only offences include, but are not limited to, the following:
- Murder
- Manslaughter
- Perverting the course of justice
- Rape
- Robbery
What is legal aid and am I entitled to it?
Legal aid is a publicly funded financial provision. It is available for people who meet specific criteria and cannot afford legal representation.
The criteria is becoming ever stricter, leaving fewer people eligible for legal aid. This means they must either represent themselves or pay privately for a solicitor.
Even if you do qualify for legal aid, you may be required to pay a potentially significant financial contribution regardless. In those circumstances, paying for a private solicitor may be just as cost-effective. The Legal Aid Agency will prioritise legal aid contributions above other household costs or outstanding debts, which can lead to hardship applications with few succeeding.
When you consult our criminal solicitors, you will be given an estimate of the total case costs. From here, you can decide whether to opt for legal aid if eligible or consider your options to raise funds to cover the cost.
Can I recover my legal fees if I am found ‘not guilty’?
In the Magistrates’ Court, if you instruct a solicitor privately and win the case, you may be entitled to a defendant’s costs order. Such an order will allow you to recover your legal fees, but they are capped at legal aid rates.
In the Crown Court, if you instruct a solicitor privately and win the case, you may be entitled to a defendant’s costs order but only if you have applied for legal aid and been refused. Again, such an order will allow you to recover your legal fees, capped at legal aid rates.
What does a criminal lawyer do?
Criminal defence lawyers help individuals or businesses suspected or charged with criminal offences. It is their job to gather the facts of the case, advise you on the best strategy and likely outcomes, protect your legal rights, and support you through every stage of the legal process.
When should I speak to a lawyer?
If you are accused of a criminal offence by the police, you should immediately seek advice from experienced criminal defence lawyers. It’s crucial to speak to someone before a police interview and to have legal representation by your side throughout the interview. This helps to protect your rights and ensures you have access to expert advice specific to your case.