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Criminal Defence | England & Wales

Charged at the police station: what happens next

What a charge means, whether you will be released or kept in custody, your first court date, and how court Legal Aid differs from free police station advice.

Reviewed by
Paris Theodorou
· Principal Solicitor · Last reviewed
November 4, 2026

KEY ANSWER

The position in brief

When you are charged, you are given a charge sheet setting out the offence and your first court date. You will then either be released on bail to attend the magistrates' court, with or without conditions, or kept in custody and taken to the next available court sitting. Every case starts in the magistrates' court, even the most serious, which are sent to the Crown Court. After charge the police generally cannot interview you further about that offence. Legal Aid for court is separate from police station Legal Aid and is means tested; private representation is also available.

Legal issues

Who decides to charge

The police can charge some offences themselves. For others, the Crown Prosecution Service decides under the Director's Guidance on Charging, applying the Code for Crown Prosecutors. See case referred to the CPS for a charging decision.

Release or custody after charge

The custody officer must release you unless a statutory ground applies, for example reasonable grounds to believe you will not attend court, will commit offences, or will interfere with witnesses (PACE section 38). Conditions such as residence, curfew or no contact can be attached. If you are kept in custody, you must be brought before the magistrates as soon as practicable, usually the next day.

Charge by post

Some people are not charged at the station but receive a written charge and requisition by post, with a court date.

Evidence that matters

After charge the prosecution must serve initial details of its case before the first hearing, so that you can be advised on plea. See criminal disclosure and defence statements.

Reasonable lines of enquiry

Before the first hearing

  • Identify witnesses and evidence that support your account, and preserve them.
  • Gather documents showing a stable address, work or caring duties if bail is in issue.
  • Note any conditions that are unworkable so they can be varied.

What happens next

At the first hearing in the magistrates' court you may be asked to indicate a plea. Summary offences stay there; either-way offences may be tried in either court; indictable-only offences are sent straight to the Crown Court. See magistrates' court or Crown Court.

Immediate steps

  • Read your charge sheet and bail conditions carefully, and keep them.
  • Comply with every condition: breach can lead to arrest and remand.
  • Instruct a solicitor before the first hearing, not on the day.

What should you send us?

Send the charge sheet, bail conditions, court date and any papers you were given at the station.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We apply for Legal Aid or agree private fees, review the prosecution case, advise on plea, make bail applications and represent you from the first hearing. See criminal defence and Crown Court representation.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Do I have to plead at the first hearing?

You may be asked to indicate a plea. Take advice on the prosecution evidence first; credit for an early guilty plea is a factor, but so is the strength of the case.

Is court free like the police station?

No. Court Legal Aid depends on a means test and an interests of justice test; in the Crown Court you may have to pay contributions. Many clients choose to pay privately for continuity and choice of advocate.

Can the charge be dropped?

Yes. The CPS must keep cases under review and can discontinue if the evidential or public interest test is no longer met. Representations can be made.

NEXT STEP

Get representation for court

Call 0843 636 7687 or email [email protected] with your charge sheet and court date.

Get representation for court