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Understanding the UK criminal trial process (Part 1)

From arrest to bail

Navigating the maze that is the criminal trial process can be exceptionally daunting, filled with legal jargon and complex procedures. But understanding this process is vital for anyone facing criminal charges – be it as the accuser or as the defendant. Being able to follow along with a criminal trial is a vital skill – on the off-chance that you ever find yourself in a courthouse, it can be a source of great relief to know what’s going on around you. Furthermore, knowing the right procedure to follow means you will be aware if the police wrongfully arrest you or don’t follow the right procedures.

INITIAL STAGES

Arrest

During the initial arrest, the police have the authority to detain a person who they suspect is committing a crime. They don’t need an arrest warrant to place someone under arrest. When you’re placed under arrest, the police must inform you of your rights – this includes:

  • The right to stay silent during the police interview. Here is the full caution:
    “You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
  • The right to free legal advice – there is always a duty solicitor available at the police station. It is highly recommended that everyone exercises their right to legal advice; a solicitor will be able to help you understand what’s going on, make sure you don’t accidentally implicate yourself and ensure that you have the time to process what’s going on and decide what to do next, rather than respond out of nervousness and fear of the situation.
  • The right to inform someone of where you are
  • The right to access food, water, and the bathroom, and to have medical help if you’re feeling ill
  • The right to contact a parent, guardian, or carer if you’re below 18

Police interview

The police interview is the next step, where the police will ask you questions about the potential offence, and your involvement in it (if any). During the police interview, you have the right to exercise any advice your solicitor gave you – including the right to stay silent. The police have no right to put you under any pressure to answer questions, and you have the right to speak to your solicitor at any point during the interview. If you want, you can ask the police to pause the interview and leave the room, and you can ask your lawyer for help.
The interview is voluntary, which means that you can leave during the interview if you want to. However, the police have the right to arrest you and bring you back to custody, if they think you have information or are involved in the investigation.

Charging decision
Once the interview is complete, the police must decide to either charge you with a crime, or to release you. They must decide whether the evidence they have is strong enough to warrant a trial, or if the evidence is not enough, and to let you go.
In order to prosecute, the police must ensure that two conditions are met:

  • Is the evidence strong enough?
  • Is it within the public interest to continue with the trial?

If these two criteria are met, then the police will issue a charge letter, detailing the offences you’ve been charged with and why.

Bail

Once you’ve been charged, the police will, in all likelihood, release you on bail – depending on the severity of the alleged offence. This is where having a lawyer comes in handy – they’ll fight for your bail and try and get less serious conditions.
Bail essentially means being released from the police station, but with certain conditions. These conditions could include:

  • Not contacting specific people
  • Living at a particular address
  • Not leaving the country
  • Following a curfew
  • Reporting to a police station regularly

However, you may not always get bail. For serious offences like rape and murder, the police are unlikely to let you walk out, as the police may suspect that you’re a danger to the public.

Once you’ve been assigned a trial date, you’ll be sent to the magistrate’s court. There, the magistrates will either sentence you, drop all charges, or forward the case onto the Crown Court, as the magistrate’s court is primarily for lesser offences, and the maximum punishment they can hand out is 6-12 months’ imprisonment and/or a fine.

To know more about the Magistrate’s Court and the Crown Court, check out the next article in this series.

Article written & contributed by Stuart Miller Solicitors

DISCLAIMER: This article should not be regarded as constituting legal advice in relation to particular circumstances, and is merely a general comment on the relevant topic. If specific advice is required in connection with any of the matters covered in this article, get in touch with Stuart Miller Solicitors direct

Published on 19th June 2023
(Last updated 19th June 2023)

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