Initial Appearance

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Initial Appearance Before a Magistrates’ Court

Regardless of the offence alleged, you will always appear first in the Magistrates’ Court. The nature and seriousness of the offence will determine where your case is heard thereafter. 

There are three categories of offence and each varies in terms of which court will continue to deal with your case:

  • Summary only offences - this is the least serious offence that a defendant can be tried for and will take place in the Magistrates’ Court
  • Either-way offences - this type of offence can be tried in either the Magistrates’ Court or the Crown Court; however, the penalty for the same offence can vary depending on where the case is heard
  • Indictable only offences - this is the most serious offence and can only be tried before a Judge and jury in the Crown Court on an indictment

At the first hearing, the court clerk will ask you to confirm your name and address. You won’t normally be asked to say more than that. What happens next will depend on the type of offence you are facing. Your instructions and our advice might lead us to:

  • Make an application to adjourn without entering a plea,
  • Agree or oppose the sending of your case to the Crown Court,
  • Enter a plea before directions are set for a trial or sentence.

Summary offences

The initial hearing for a summary only offence will involve the legal advisor at court reading out the charge and asking whether you or your business plead guilty or not guilty.

Not-Guilty Plea

  • If a not-guilty plea is made, the case will be adjourned for the trial. 
  • A preparation for the trial form will be completed by both the defence and prosecution, confirming the issues for trial and witness requirements. A trial date will also be set.

Guilty Plea

  • If a guilty plea is made, dependent on whether a pre-sentence report is required and other issues, the court will hear from the prosecution and defence and a decision will be made as to what sentence you or your business should receive.

Either-way offences

The initial hearing for an either-way offence will involve the legal advisor at court reading out the charge and asking whether you or your business pleads guilty or not guilty.

Not-Guilty Plea

If a not-guilty plea is made, the court will hear from the prosecution and defence in relation to where the trial should take place.

The court has two options:

  • decline jurisdiction and direct that the case be sent to the Crown Court
  • accept jurisdiction and require the defence and prosecution to complete a preparation for trial form, confirming the issues for trial and witness requirements. A trial date will also be set. 

However, if the Magistrates’ Court accepts jurisdiction, you can still elect to have your trial before a jury and your case will then be sent to the Crown Court.

Guilty Plea

If a guilty plea is made, dependent on whether a pre-sentence report is required and other issues, the court will hear from the prosecution and defence and a decision will be made as to what sentence you or your business should receive.

The Magistrates’ Court only has the power to give you a maximum custodial sentence of 12 months (six months for only one offence).

If the Magistrates’ Court decides its sentencing powers are insufficient, you will be sent to the Crown Court for sentencing. 

Indictable-only offences

Some examples of indictable-only offences include murder, manslaughter, conspiracy, rape and robbery. At the initial hearing for an indictable-only offence, the legal advisor at court will read out the charge that you face and ask whether you plead guilty or not guilty - you can also refuse to make a plea at this time.

Not-Guilty Plea

If a not-guilty plea is made or you or your business refuse to make a plea, the case will be sent to the Crown Court. 

Guilty Plea

If you or your business plead guilty, your case will be sent to the Crown Court for a sentence hearing.

Do I have to attend court?

If you are facing a criminal charge, following a formal charge at the police station, a summons or postal ‘requisition’, the correspondence from the prosecution or investigating officer will tell you what you are obliged to do. Normally, defendants are obliged to attend court in person for the first hearing. At the end of the first hearing, the relevant court will determine whether you need to attend any subsequent hearing.

In some cases, we can appear on your behalf in your absence, particularly if the defendant is a company. This needs to be agreed with us in advance, mainly because we will need to be fully instructed to make important decisions on your behalf at court. However, even when attendance is not strictly required, we normally advise clients to attend so they can directly hear and see what is happening in their case.

If you are in any doubt about your obligation to attend court, we will happily advise.

Who will be in the courtroom?

At the Magistrates' Court, the room is usually comprised of the following characters:

The Magistrates

A ‘bench’ of lay magistrates is comprised of either two or three individuals, although a lay magistrate can sometimes sit on their own in certain cases or applications. They are not qualified lawyers, but are members of the community, trained to hear trials and impose sentences in summary matters. They also decide whether suitable cases should be sent to the Crown Court for trial. They deal with most criminal cases prosecuted in England and Wales.

Alternatively, a single ‘district judge’ may preside in place of a bench of magistrates. A district judge is usually either a solicitor or barrister, with experience in criminal defence and/or prosecution.

The Legal Advisor

This individual sits directly in front of the magistrates/district judge and advises on points of law and procedure. They do not decide cases.

The Prosecutor

The prosecutor will normally be from the Crown Prosecution Service (CPS), but can be from the local authority. They may also be a private prosecutor. As the name suggests, they present the case to the magistrates and prosecute the criminal offences, either at sentence or trial, depending upon the plea. They are normally solicitors or barristers,
but some cases can be prosecuted by associate prosecutors; CPS employees with specific training.

Their primary function is to present their best case, to maximise the chances of conviction, but they still need to abide by the criminal procedure rules and a sense of fairness in pursuing the proper interests of justice.

The Defence Lawyer

The defence lawyer is there to defend and advance your legal rights. They test the prosecution case in procedural, factual and legal terms. They ensure that the court adheres to the burden and standard of proof. They represent at trial and try to ensure their client’s acquittal. In the vent of conviction, they present mitigation with a view to minimising sentences.

The Probation Service

A probation service representative will normally be in the courtroom if the magistrates are dealing with cases that might require probation input. If directed to do so, they will prepare written or verbal reports to the court as part of a sentencing exercise. They will also update the magistrates on a defendant’s progress with a current community order if the defendant stands to be re-sentenced in proceedings for breach of the order.

The Usher

The usher organises the order in which cases are heard and makes sure everyone is where they should be. They normally wear a black gown and defendants should make themselves known to the usher for that courtroom upon arrival.

Members of the Public

The Youth Court almost always sits in private, but adult cases are heard in public. A member of the public does not have to have a particular connection to the case to be permitted access to the public gallery, but very few members of the public attend ‘random’ cases.

A victim or other prosecution/defence witness can sometimes ask to be present during a hearing, but this can be prohibited in some circumstances. Your defence lawyer may not necessarily recognise someone sitting at the back of the court, so if you are concerned about the presence and identity of someone in court, you should let your lawyer know.

Reporters

The appearance of a reporter in court is less likely than it used to be, but they still attend in the most serious cases. When we represent in serious cases, we routinely check the resulting press coverage and can advise on any perceived misrepresentations.

The Defendant

A defendant will be called into court when the various participants are ready to present the case. If the defendant is already in custody, they will be brought upstairs from the cells. If they are on bail or attend by answering a summons, the usher will call them in from the corridor.

A defendant on bail/summons can be asked to step inside the dock for the duration of the hearing, although the door to the dock is not normally locked. In some cases, the magistrates are content to have the defendant stand beside or behind their lawyer. It often depends upon the physical arrangement of the court, what else is happening in court at the time and the purpose of the hearing. For example, is it simply an administrative review hearing or is it a sentencing hearing at which the defendant is at risk of being sent to prison?

What happens during a hearing?

It depends upon the nature of the hearing. Your instructions and our advice might lead us to apply to adjourn without entering a plea. Assuming you and the court are ready to proceed with the plea, a typical first appearance in a criminal case proceeds along these lines:

  • The defendant is asked to identify themselves, giving their date of birth and address.
  • The Legal Advisor will read out the charge to the defendant and the defendant will be asked whether they wish to plead guilty/not guilty/give no indication, depending upon the charge. You will have discussed your intended answer with us in advance.
  • In cases where the matter is capable of being sent to the Crown Court for trial, the prosecutor will outline the case to the Magistrates for the purposes of deciding whether the case should be sent to the Crown Court or remain at the Magistrates' Court. If they decide to ‘accept jurisdiction’, a defendant can still ask the court to send the case to the Crown Court (i.e. ‘elect Crown Court trial’) or the defendant can accept that the matter should remain at the Magistrates Court. We will have discussed this issue with you in advance. If the case is to be sent to the Crown Court for trial, the rest of the hearing comprises of administrative questions and answers, usually between the Legal Advisor, Prosecution and defence advocate. The defendant is then released with an obligation to attend the Crown Court on a particular date, with or without bail conditions. A hearing of this type will last 10-15 minutes.
  • If a defendant enters a guilty plea to a matter capable of being heard at the Magistrate or Crown Court, the prosecutor will still outline the case to the magistrates because the court needs to decide which court the defendant should be sent to for sentence. The magistrates will send the case to the Crown Court if they feel their sentencing powers are insufficient (although a slightly different process applies in youth cases and is summarised below).
  • In cases that cannot be sent to the Crown Court for trial, a not guilty plea will cause the magistrates to set particular directions for the service of evidence, etc. in advance of a specified trial date. We discuss the likely directions with the prosecutor in advance.
  • A guilty plea in such a case will cause the magistrates to decide whether the matter should proceed immediately to sentencing or whether an adjournment is required (e.g. for probation input) before proceeding to sentence.

At each stage, we make representations according to your objective. For example, it may be in your interests not to indicate any plea at a first appearance. If you enter a guilty plea, it may be in your interests to have the matter concluded on the day, rather than adjourn. There are quite a few permutations because each case turns on its own facts; hence the need for instructions and advice prior to the date of the first hearing.

Will I be represented by a solicitor or a barrister?

The answer depends upon the way in which the case is funded and where the case is to be heard:

If a case is going to be heard from start to finish at the Magistrates' Court, representation under a Legal Aid order is normally provided by a solicitor. A Magistrates' Court Legal Aid order is very rarely extended to cover representation by a barrister if the case is not going to proceed to the Crown Court.

If the case proceeds to the Crown Court, we almost always organise representation by a barrister, supported by one of our lawyers in the preparation of your defence. Not all barristers accept Legal Aid cases and a Legal Aid order might not extend to representation by Queen’s Counsel (QC). However, we recommend barristers who have provided us with a good level of service in similar cases. We assess their service on a case-by-case basis and we maintain a list of ‘approved’ barristers to ensure specialist representation.

Privately funded cases

The level of representation in a privately funded case is your choice. It very much depends upon the fees a client is prepared to pay for junior counsel or Queen’s Counsel, supported by one or more of our lawyers.

Our privately funded cases involve the presentation of a case plan explaining the likely cost in different representation scenarios in order to obtain the most cost-effective solution.

FAQs About the first Magistrates' Court hearing

Should I plead guilty or not guilty?

The decision needs to be based upon a proper understanding of the case against you. We need to be satisfied that the prosecution has disclosed enough of their case so that we can fully advise on the strength of the prosecution's evidence. In many cases, it is possible to make this assessment prior to the first hearing. We may have been at a police interview with you, or we may have been able to obtain the ‘initial case details’ from the prosecution prior to the hearing.

If it is not possible to make the assessment at/in advance of the first hearing, it may be possible to postpone the plea until a later hearing. This is particularly so where a case needs to be sent to the Crown Court. Once the prosecution has disclosed sufficient evidence for the purposes of settling the plea, we will advise on the apparent strengths and weaknesses in your case. The actual plea you enter must be your choice, although your decision will be based on the advice we provide. ‘Best advice’ is achieved when we have your observations on the prosecution case. When the facts are straightforward, it may be possible to take your observations in a very short space of time, remembering that you are not obliged to fully prepare for a trial at the very first appearance. In more complex cases, where the case needs to be sent to the Crown Court, it may not be sensible to indicate any plea at the Magistrates Court.

Sometimes, we act for clients who are determined to enter a guilty or not guilty plea, no matter what our advice might be. The client is perfectly entitled to do so. Our job is to advise, not decide the plea. We most often come across this situation where the prosecution case is strong, but the defendant decides to run a trial against very low chances of success. Entering a guilty plea against a weak prosecution case is less common but can arise where, for example, an early guilty plea is the most effective way to avoid a prison sentence. For some clients, the conviction itself is not the issue. The likely sentence is much more important to them.

Please remember that if you deny the alleged wrongdoing, the corresponding plea is not guilty. This might sound obvious, but we sometimes act for clients who deny the allegations, but want to enter a guilty plea to ‘get it over with’. On one level, a client is perfectly entitled to take this course. On another level, we need to satisfy ourselves that full advice on the plea has been provided before a client makes this kind of decision. We may therefore ask a client to sign a document acknowledging the advice given and noting the intended guilty plea.

Is a sentence reduced if I plead guilty?

We are obliged to inform you that if you plead guilty at the earliest opportunity (and this can include admissions during a police interview), the court will provide a defendant with ‘credit’ for that early guilty plea. Depending upon a number of factors, the reduction can be from 25% to 33% of the sentence the defendant would have received had they been convicted after trial.

If a defendant enters a not guilty plea and subsequently changes their plea to guilty, the level of credit reduces on a sliding scale. For example, a guilty plea on the day of trial will not normally attract credit of more than 5% and can be 0%. It is therefore important to secure timely disclosure of the prosecution case, take your earliest observations on that case and enter the correct plea at the first appropriate point.

There are circumstances in which a change of plea from not guilty to guilty can still secure maximum credit. This normally occurs when the prosecution agrees to compromise their case in some respects and a defendant is content to enter a guilty plea to the ‘newly presented’ facts.

If I plead guilty, or if I am convicted after trial, what will the sentence be?

This depends on quite a few factors, but our experience means that we can give you a good indication of the kind of sentence you may expect in any given circumstances.

The court bases a sentence upon published guidelines and we can work through those guidelines with you. The guidelines focus on the degree of culpability, the degree of harm caused (financial/physical/emotional, etc.), together with various aggravating and mitigating factors.

The court will sometimes ask the Probation Service to prepare a pre-sentence report to help with the sentencing exercise and this will normally require an adjournment of the case. Alternatively, the court may simply ask the Probation Service to provide a verbal ‘stand down’ report on the day.

Developing your personal mitigation is an important part of the process. This can include character references, commenting upon your honesty and reliability, together with examples of how they benefitted from your support in particular scenarios. Although we cannot write character references, we can provide guidance on the topics someone should cover in providing a reference for you. The references can be confined to writing, but the person’s presence at court with the written reference demonstrates an additional level of support and this can be important in deciding a sentence.

What if I don't attend court when I was told to do so?

Some absences are unavoidable, but the court needs to know why, so they can determine whether the reason amounts to a ‘reasonable excuse’. It, therefore, helps to provide evidence of - for example, illness or exceptional travel difficulties on the day.

If the court agrees on the reasonable excuse, we normally make an application for an adjournment unless the expected progress can be made without you being present. If the court decides that the explanation does not amount to a reasonable excuse, it can issue a warrant for your arrest in relation to the separate criminal offence of failing to appear at court.

There are two types of arrest warrants in these circumstances. Firstly, the warrant can be ‘backed with bail’. This means that if you are arrested or you surrender to the police after the event, they will release you on bail with an obligation to attend the next available court date. Secondly, many warrants are ‘not backed with bail’. This means that if you are arrested or surrender to the police, you will be kept in custody pending production before the next available hearing (usually the next day). The court will then decide whether you are bailed from
court or kept in custody pending the next substantive hearing.

It is therefore important that you urgently advise us of any difficulties you anticipate in attending court at any point. We will ask the court not to issue a warrant (assuming we have instructions and evidence amounting to a potential ‘reasonable excuse’), but if a warrant is issued, we will advise on the next steps.

Can I appear remotely by video link, having regard to COVID restrictions?

If you are showing COVID symptoms or another illness prevents you from attending, we can make an application to the court for your attendance by remote link. This may avoid the need for an application to adjourn, assuming you are well enough to take part in the hearing remotely.

In fact, we have found that some courts will grant remote attendance to a defendant if:

  • the defendant lives or works a great distance from the court, and
  • the hearing is so straightforward that it would be unreasonable to require a defendant to attend.

This is especially the case where we are fully instructed to attend in person (or even remotely) and the hearing’s purpose is largely administrative.

There are no strict criteria when it comes to remote attendance for a reason other than COVID/other illness. Assuming you provide us with sufficient notice (48 hours is normally enough), we will take instructions and make the application in writing to the court’s legal advisor. If the application is granted, you will receive an email containing a link to the hearing. Most courts use Microsoft Teams or a system called ‘CVP’, designed specifically for secure links to courtrooms. Either way, the links come with instructions and guidance on how best to make the connection. You should not assume that remote attendance will be granted.

Why are some cases sent to the Crown Court for trial or sentence?

The vast majority of criminal cases in England and Wales are started and finished in the Magistrates Court. You may hear these offences referred to as ‘summary only’. However, some cases have to be sent from the Magistrates' Court to the Crown Court. These offences are referred to as ‘indictable only’. Other cases can be dealt with either at the Magistrates' or Crown Court and are referred to as ‘either way’ offences.

In addition, if the magistrates accept jurisdiction in an ‘either way’ matter, they may subsequently send a defendant to the Crown Court for sentence if they feel their sentencing powers are insufficient.

If the Magistrates' Court accepts jurisdiction in an ‘either way’ matter, a defendant can still, in most cases, ‘elect’ a Crown Court trial instead of a trial at the Magistrates' Court. The circumstances in which a defendant might want to do this are quite narrow and need to be the subject of careful advice. Most notably, conviction at the Crown Court, following an election from the Magistrates' Court, can result in a greater sentence than would have been the case if the magistrates had sent the case to the Crown Court. On the other hand, defendants sometimes want a judge and jury to hear their case because of, for example, the need for complex expert evidence. A defendant cannot elect a Crown Court trial in respect of a ‘summary only’ matter.

I am under 18, will my case be sent to the Crown Court?

The proper venue for the trial or sentence of any youth is normally the Magistrates' (Youth) Court. However, there are circumstances in which a youth can be sent to the Crown Court, assuming they are charged with an offence capable of being tried at the Crown Court. Specific advice will be required in each case, but in general terms, this is how it works:

Normally at the first hearing and having heard the youth’s not guilty plea (or no indication of plea), the Youth Court will consider the offence, the surrounding circumstances, the suitability of the Youth Court sentencing powers and whether the youth is jointly charged with an adult. If the youth is jointly charged with an adult, the court must consider whether it is in the interests of justice to have the youth tried with the adult at the Crown Court - assuming the adult’s case is to proceed to the Crown Court.

The ‘interests of justice’ consideration can be complex and regard must be given to ‘The Sentencing Council's Definitive Allocation Guideline’. In summary, the guidelines oblige the prosecution, defence and court to consider the youth’s age, the relevance of any previous convictions, the relative ages of the youth and the adult, the youth’s
relative culpability, and their maturity. Consideration will also be given to whether separate trials will cause injustice to witnesses or to the case as a whole.

If a youth enters a guilty plea, the Youth Court will still consider whether the youth should be sent to the Crown Court for sentence, but the vast majority of youths will stay at the Youth Court for that purpose, even if an adult co-defendant has been sent to the Crown Court.

Our default position is that youths should stay in the Youth Court wherever possible, but there are circumstances where particular clients can be better served by trial before a jury. It would be impossible to provide bespoke advice in this document, so we prefer to spend time with a youth client and the parent/guardian discussing these issues in advance of the hearing.

Can I choose the barrister I want to represent me at the Crown Court?

If you wish to be represented by a particular barrister at the Crown Court, we can make enquires with their chambers to check their specialism, availability and willingness to work under a Legal Aid order, if relevant. If you have no preference, we will recommend a barrister from our approved list. We will have this conversation with you if the case is likely to proceed to the Crown Court.

What are the different funding options for my case?

Bespoke hourly rate services

Our hourly rates in privately funded cases range from £150 to £450 per hour plus VAT, depending upon the type of case and the seniority of the lawyers involved. Some cases will involve a team of lawyers charging different rates or might only require a single lawyer charging a specific rate. Either way, we will agree on those fees with you on a case-by-case basis.

Our rates are calculated with reference to the nature of the case and the level of representation selected by our clients, ensuring the funds are allocated in the right way to give you the best chance of getting the outcome you want.

For over 40 years, we have had a contract with the Legal Aid Agency to provide publicly-funded defence services at the police station, Magistrates' and Crown Courts, as well as the Court of Appeal and High Court, where applicable.

We have defended with the benefit of a Legal Aid certificate in many of the largest cases ever prosecuted in the UK.

Legal Aid can be a very effective way to defend a case, but it is not always free and other options offer higher, more experienced levels of representation. However, Legal Aid is sometimes the only option, particularly where our client has been served with a restraint order or freezing order. JMW is certainly one of the very few large, full-service, UK-wide law firms to offer Legal Aid representation by highly specialised teams supported by over 600 other lawyers and staff across 13 different departments.

Fixed-fee representation

We are able to offer competitive and negotiable fixed-fee representation in the majority of cases heard at the Magistrates' and Crown Court, as well as Tribunals and interviews during the investigation stages. This has been particularly welcomed by individual clients following changes to Legal Aid provisions. Our corporate clients also appreciate the certainty of fixed fees and the way in which the scope of work within the fixed fee is defined. Clients with a disposable household income of more than £37,500 per annum will no longer be eligible for Legal Aid in criminal cases unless very exceptional circumstances apply. In addition, those who are eligible may be required to pay a high level of contributions to their defence costs and there are many circumstances in which private funding is more cost-effective. 

Rather than publishing a table of our fixed fees, we assess your individual case - what you are facing, the level of representation you choose and what you want to achieve in the case, so that we can offer a fixed fee tailored to your personal requirements.

When the complexity of the matter means we cannot offer a fixed fee for the whole case, we may be able to provide fixed fees for stages within the case. If it is not possible for us to provide fixed fees, we can still help you budget properly by providing regular cost estimates and we can also offer payment plans for complex or long-running cases.

Conditional Fee Arrangement (reduced fee)

A small number of our cases are suitable for a type of Conditional Fee Arrangement (CFA). In personal injury matters, CFAs are sometimes referred to as a ‘no win no fee' agreement. A conventional CFA is not normally available in the cases we defend or prosecute, but it is sometimes possible to offer a reduced fee CFA. This is an agreement in which our client pays a greatly reduced fee to us for the duration of the case.

The rate is calculated as a percentage of our normal hourly rates. If our client wins, we claim costs from the opponent and our client is reimbursed some or all of the fees already paid to us. If our client loses, they only pay the agreed percentage of our normal hourly rate, although some cases also involve exposure to payment of costs and other fees incurred by the opponent.

This type of CFA is sometimes used in Judicial Review and cases where the court normally awards costs to the successful litigant. The reduced rate ranges from 25% to 50% of the normal hourly rate.

FAQs about Magistrates' Court costs

Can I recover my private defence costs at the Magistrates' Court if I am found not guilty?

In most circumstances, acquitted defendants are entitled to the return of defence costs. Following changes to the law in October 2012, defence costs are returned at legal aid rates, which means that you can only recover around 25-35% of your funding.

When clients are acquitted or if relevant applications succeed, recovery of costs is a priority and JMW employs a specialist team of in-house costs lawyers for that purpose. Although the majority of costs applications can be handled by the lawyer with direct conduct of your case, our ability to offer the services of a dedicated costs recovery lawyer in complex cases can make a very real difference to the net level of funding.

Can I recover my private defence costs at the Crown Court if I am found not guilty?

Assuming that defence costs are not covered by a policy of insurance, you will need to apply for legal aid at the start of the case in order to stand a chance of recovering any defence costs at the Crown Court. This applies even if you know that you are ineligible. If legal aid is refused and you are found not guilty (or if the case is discontinued prior to trial), you can apply for the return of defence costs at the prevailing legal aid rates.

Do I need to pay for anything other than defence costs?

There may be prosecution costs, compensation and/or a financial penalty to pay if you are found guilty. If you privately funded your case, you may be required to pay disbursements, although these can usually be anticipated and calculated as part of the costs estimate or fixed fee. These disbursements can include experts' reports or counsels' fees, depending on the nature and requirements of your defence.

What if my financial circumstances deteriorate during the course of a privately-funded case?

You may be able to make a fresh application for legal aid using evidence of the revised income and relevant living expenses. You should bear in mind, however, that legal aid does not always represent the most cost-effective approach. We can assist with the calculations so that you can make the best decision.

Why do you sometimes ask for funding on account of a privately funded matter?

During an initial call, it is often difficult to accurately predict final costs. This is usually the case in complex litigation or where we need to speak with various parties to determine what needs to be done. The case may not be suitable for a fixed fee or it may not be possible to offer a fixed fee until some initial enquiries are undertaken. We therefore often take cases in stages.

The first stage involves taking more detailed instructions, obtaining or considering papers and providing advice on prospects of success, including advice on anticipated costs for the subsequent stage (if required). This enables clients to decide whether they want to continue and on what basis we carry out the required tasks. In order to work through the first stage, we ask for a payment in advance; usually in the sum of £900. If it is possible to complete the whole case without incurring the full £900 (by reference to the relevant hourly rate), the balance will be returned to you unless the first stage has been agreed as a fixed fee.

Our individual terms of business letter will set out what we will do during the first stage in your particular case. Due to the number of enquiries we receive in our department each day, it is simply not possible to complete the first stage free of charge, especially if we have to be ‘on the record’ to obtain the details we need from courts and other agencies. This is why we ask for a payment on account to cover the work clients ask us to undertake beyond the initial call. We electronically record the work we do (preparation/calls/letters, etc.), so you can see what we have done and when it was carried out. This ‘billing guide’ accompanies the invoice we produce at the end of each month or stage.

What are police or court bail conditions?

When someone is interviewed about a criminal allegation, they might be released from the police station with ‘police bail conditions’. This is most often the case where a suspect is directed to stay away from complainants or potential witnesses while officers complete their investigations. Conditions might also oblige a suspect to reside at their normal home address or not leave the country while the matter is under investigation. Time limits apply to the imposition of police bail conditions and those limits have to be the subject of a formal application for an extension if the matter cannot be resolved one way or the other within the initial bail period. We can advise on whether suspects may sensibly oppose applications for an extension.

Whether or not the police impose bail conditions, the court has a separate power to do so once a suspect becomes a defendant for the purposes of attending a hearing in a criminal matter. Where applicable, court conditions focus on ensuring a defendant’s attendance at the subsequent hearing and/or the prevention of further offences in the meantime. We can advise on the reasonableness of court conditions and we are often instructed to apply for the variation or discharge of court bail conditions.

If a suspect or defendant breaches police or court bail conditions, it makes that person liable to arrest. It can often require the police to keep a person in custody pending production before the next available court sitting. If the breach is proven, it can constitute a separate offence, for which a penalty can be imposed.

Talk to Us

If you have been accused of committing a crime, our expert business and criminal defence solicitors are able to provide advice and representation throughout and at any point of the criminal justice process.

To speak to a solicitor about your case, call us today on 0345 872 6666 or fill in our online enquiry form to request a call back.

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