In this article we take a quick look at the legal procedure that will occur if you have been arrested in the United Kingdom.
If you have been arrested, you will either be remanded in custody or released on bail pending a court hearing.
If your case is tried in the Magistrates Court it will be heard either by a District Judge or a Magistrate and you will be represented by a Solicitor or Barrister.
All criminal cases fall into three types of category- those that can only be dealt with in the Magistrates Court, those that can be dealt with in both the lower court and the Crown Court, and those that can only be heard at the Crown Court.
If you are charged with an offence that can be dealt with either in the Magistrates Court or the Crown Court (often referred to as an "either way" case) then there will be a procedure called 'plea before venue'. Here you indicate to the Court whether you wish to plead Guilty or Not Guilty; the Court then decide if they have sufficient powers to deal with the case and if not the case will be committed to the Crown Court. If the Court decides they have sufficient powers to deal with the case then you will have a choice as to whether to elect a Crown Court trial or not. A solicitor will be able to advise you on this process and the advantages and disadvantages of having a trial in the Magistrates or Crown Court.
If you are charged with an offence that can only be tried in the Crown Court, you will appear in firstly in the Magistrates Court, who will send you for trial to the Crown Court and will decide whether you are to be bailed, or remanded in custody, in the meantime. When you appear at court you will be given a date for your trial. A Jury and a Judge will hear your case and you will be represented by a Solicitor Advocate or Barrister.
If you plead Guilty at the earliest opportunity then you will receive a 1/3 reduction in your sentence. Your Solicitor or Barrister will give you advice on this.
If you plead Guilty or are found Guilty, there may be a delay in sentencing you while the court adjourns for reports to be prepared about you by probation. The judge will read this report before passing sentence.
BSB Law - Criminal Solicitors - http://www.bsblaw.co.uk/
BSB Law
Second Floor
5-7 Euston Road
Kings Cross
London
NW1 2SA
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