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.