How a criminal trial works in the UK from charge to verdict

You've been arrested or charged. You don't know what happens next. This page walks you through the entire journey from the charge to the final verdict and sentence, in plain English.

The UK criminal justice system has steps. Each one has a purpose. Understanding them removes the fog.

The short version

A criminal trial follows this path: first hearing (usually a guilty plea or adjournment), decision on which court handles the case (summary, either-way, or indictable), trial preparation, the trial itself (prosecution case, defence case, closing arguments), verdict (from magistrates, judge, or jury), then sentencing. The whole process typically takes months. You have the right to legal representation at every stage.

At a glance

Step 1: Being charged or summonsed

You reach the criminal system in one of two ways.

Charged at a police station. Police arrest you, interview you, then decide whether to charge. If they do, you're released with a notice telling you the date and court for your first hearing. This usually happens within 24 to 72 hours of arrest.

Summonsed. The Crown Prosecution Service (CPS) or a complainant (private prosecution, rare) obtains a summons. You receive paperwork in the post telling you to appear at court. No arrest happens first.

Either way, you now have a court date. That first hearing is a few weeks away.

Step 2: First hearing in magistrates' court

You arrive at magistrates' court on your first appearance. This is where every adult criminal case starts, regardless of seriousness.

The magistrate will:

• Read out the charge against you
• Explain your rights
• Ask you to enter a plea (guilty or not guilty)
• Tell you what happens next

If you plead guilty at this stage, you may be sentenced on the same day, or the magistrate may adjourn for reports on your background and character. Reports take time.

If you plead not guilty, the case moves forward. Most defendants do not plead at this stage. You may need more time to get legal advice, gather evidence, or understand the prosecution's case. Ask for an adjournment. The magistrate will grant one.

Your solicitor or barrister. If you can't afford one, you can apply for legal aid. Do this now. Your lawyer will advise you on the charge, your options, and what to do next. Do not speak to the CPS or police without your solicitor present.

Step 3: Plea

Your plea is simple: guilty or not guilty.

Guilty plea. You admit every element of the charge. The case moves straight to sentencing. You do not have a trial. The magistrate or judge will hear evidence about your character, circumstances, and any personal mitigation, then decide the sentence.

Not guilty plea. You dispute the charge or parts of it. The prosecution must prove guilt beyond reasonable doubt. You will have a trial where both sides present evidence and arguments.

Most cases (about 70 per cent) end in guilty pleas. Trials are less common because gathering evidence and preparing is costly and time-consuming for everyone.

Step 4: Mode of trial (summary, either-way, indictable explained)

Criminal offences in England and Wales fall into three categories. This determines which court hears the case.

Summary offences. Minor crimes: shoplifting under a certain value, common assault, most driving offences. These are tried in magistrates' court only. No jury. Magistrates decide guilt. Magistrates can sentence up to six months in prison (or up to 12 months for certain combinations of offences).

Either-way offences. Medium seriousness: theft, battery, driving with excess alcohol, handling stolen goods. These can be tried in either magistrates' court or Crown Court. If the magistrates think the case is too serious, they can decline jurisdiction and send it up. Or you (the defendant) can elect for Crown Court. Crown Court has a jury, a judge, and higher sentencing powers.

Indictable offences. Serious crimes: rape, robbery, murder, grievous bodily harm. These go straight to Crown Court. No option to stay in magistrates' court. Jury trial only.

The decision on where an either-way case goes happens at the first or second hearing (depending on circumstances). If the magistrates accept jurisdiction and you don't elect Crown Court, the case stays with them. If you request Crown Court, it goes up.

Crown Court trials take longer and are more formal. Juries decide guilt. But Crown Court has experienced judges and higher sentencing powers work both ways: if you're convicted, sentences can be much longer. If you're acquitted, there is no appeal on the law (the CPS cannot retry you).

Step 5: If staying in magistrates' court

If the case stays in magistrates' court, there are two paths.

Plea and Trial Preparation Hearing (PTPH). Both sides disclose evidence. The CPS shows you its case. You and your solicitor discuss whether to plead guilty. If you still plead not guilty, a trial date is set. This might be weeks or months away.

Trial in magistrates' court. On trial day, the prosecution presents evidence (witness statements, physical evidence, CCTV if available). The CPS prosecutor examines witnesses. Your solicitor or barrister cross-examines them, testing their evidence. Then you present your defence. You may give evidence yourself (you have a right to remain silent, but it may count against you). The magistrates retire to consider, then return with a verdict. Guilty or not guilty. If guilty, sentencing follows (usually adjourned for reports unless it's a simple case).

Magistrates' trials are shorter than Crown Court trials. No jury. Magistrates are experienced at weighing evidence. But they have limits on sentencing and jurisdiction.

Step 6: If going to Crown Court

If the case goes to Crown Court (either the magistrates declined jurisdiction, you elected it, or it's indictable), the process is more formal and longer.

The indictment. The CPS drafts a formal document called the indictment. It sets out the charge in legal language. You will be asked to confirm whether you plead guilty or not guilty to the indictment.

Plea and Trial Preparation Hearing at Crown Court (PTPH). Both sides exchange evidence, disclosure documents, and witness statements. Your barrister (you'll usually have one in Crown Court) and the CPS prosecutor discuss the strengths and weaknesses of the case. Settlement discussions happen here (negotiations on a lesser charge or plea). Trial dates are set. This process can take months.

Pre-trial review or further case management. The judge may hold additional hearings to manage the case, exclude certain evidence (e.g., illegally obtained), or resolve legal issues before trial.

Then the trial date arrives.

Step 7: The trial itself

Crown Court trials unfold in the same basic structure, but with more ceremony and formality.

Jury selection (empanelment). A random sample of citizens is called. You and the CPS can challenge some jurors if you have good reason. Eventually 12 are sworn in. They will decide guilt on the facts.

Prosecution case. The CPS prosecutor opens the case, explaining what they will prove. Then witnesses are called one by one. Each swears an oath or affirms to tell the truth. The prosecutor examines the witness, asking questions to draw out the evidence. Your barrister cross-examines, challenging the witness's account. This tests credibility and accuracy.

Defence case. Your barrister opens the defence (optional but common). You may choose to give evidence; if you do, the CPS prosecutor will cross-examine you. Other witnesses (character references, alibi witnesses, experts) may also testify. The prosecution has a chance to cross-examine them too.

Closing speeches. The CPS prosecutor closes first, summarising the evidence for guilt. Your barrister closes for you, summarising the evidence raising reasonable doubt. Closing speeches are arguments, not new evidence.

Summing up. The judge addresses the jury, explaining the law, the burden of proof (guilty beyond reasonable doubt), and what facts they must find in order to convict. The judge must remain neutral and fair. This is crucial. The judge's directions on law guide the jury's deliberations.

Jury deliberations. The jury retires to a private room. There is no judge, no lawyers, no transcriber. Just the 12 jurors. They discuss the evidence and apply the law as the judge explained it. Deliberations can last hours or days. The jury must reach a verdict they all agree on (unanimous). If they cannot after a reasonable time, the judge may accept a majority verdict (10-2 or 11-1). If the jury remains deadlocked, a mistrial is declared and a new trial can be ordered.

Verdict. The jury returns to court. The judge or court clerk asks the foreman if they have reached a verdict. "Guilty" or "not guilty" on each count. The foreman announces it. You hear it immediately.

In magistrates' court trials, magistrates retire and return with a verdict in the same way. The magistrates are the jury and the judge on facts combined.

Step 8: Verdict

Guilty. You are convicted. Sentencing is next (see Step 9 below).

Not guilty (acquittal). You are discharged. The case is over. The CPS cannot appeal the verdict or retry you. You are free.

An acquittal in court is final (with very rare exceptions like new evidence of perjury).

A guilty verdict, on the other hand, can be appealed if there was an error in law or procedure. Appeals happen in the Court of Appeal, a higher court, and are covered in Step 10.

Step 9: Sentencing

Sentencing happens after a guilty verdict or guilty plea.

Immediate sentencing. The judge or magistrate may sentence on the spot. This happens in straightforward cases where your background is known.

Adjourned sentencing. More commonly, sentencing is adjourned for reports. Pre-sentence reports (PSRs) from the probation service give information about your background, employment, family, substance use, and other factors. These inform the sentence. Character references, medical or psychological reports, and victim impact statements may also be gathered. Sentencing is then scheduled weeks later.

At sentencing. The judge or magistrate will hear arguments in mitigation (reasons for a lenient sentence) from your barrister. The CPS may make submissions on behalf of the victim. The judge considers sentencing guidelines (which give starting points for common offences), aggravating and mitigating factors, and the law. They then announce the sentence.

Sentences range from a fine, to community order (unpaid work, curfew, supervision), to prison. Prison sentences are custodial. You serve half the sentence and are released on licence for the other half, subject to conditions. Breach of licence can send you back inside.

Step 10: Appeal options briefly

You have a right to appeal against conviction, sentence, or both.

Appeal to the Court of Appeal (Crown Court cases only). You can appeal if you believe there was an error in law, unfair procedure, or that the evidence was insufficient. Appeals are heard by experienced judges (not juries). Appeals are difficult to win because the court does not retry the case. It reviews the trial record. You need grounds: something the trial judge got wrong, beyond mere disagreement with the verdict.

Appeal to Crown Court (magistrates' cases only). You can appeal by way of rehearing if you pleaded not guilty and were convicted. A Crown Court judge will rehear the case as if it were a fresh trial. Prosecution and defence present evidence again.

Judicial review (rare). In exceptional cases, you can ask the High Court to review whether a lower court acted unlawfully.

Appeals take months and are expensive. Discuss them with your solicitor after conviction.

Day to day: What you experience at each stage

First hearing. You arrive at court in the morning. You wait. Your name is called. You stand before the magistrate or judge. The charge is read. You plead. The magistrate may ask you questions or adjourn. You leave. The whole thing takes minutes.

Between hearings. You and your solicitor prepare. You gather evidence, statements from witnesses, character references. Your solicitor writes letters to the CPS, requesting disclosure of their evidence. You attend police interviews if required (with your solicitor). You wait for the next court date.

PTPH in magistrates' or Crown Court. You attend court again. Both sides are present. The prosecutor and your solicitor discuss the case. You may be asked to confirm your plea. A trial date is set. You leave.

Trial. You arrive early. You are sworn in or you sit in the dock. You listen to evidence. You may give evidence yourself (sitting in the witness box, being cross-examined). Witnesses come and go. The trial is public; family and friends can attend the public gallery. Newspapers may attend. Trials can last a day or weeks depending on complexity. At the end, you wait for the verdict.

Sentencing. You return to court. You stand to hear the sentence. If it's prison, you are taken into custody that day and transferred to a prison. If it's a fine or community order, you are released with instructions.

Common misconceptions

You must plead guilty if you did it. False. You have a right to make the CPS prove guilt beyond reasonable doubt. Many people plead not guilty and are acquitted; others plead guilty early and get credit for saving time and cost.

The judge decides guilt, not the jury. False in Crown Court. The jury decides guilt on the facts. The judge decides law and sentencing. In magistrates' court, magistrates decide both.

You can appeal if you disagree with the sentence. Partly true. You can appeal an appeal if it was unduly harsh or procedurally wrong, but sentencing appeals rarely succeed. Judges have discretion.

The police must read you your rights. They must tell you that you're under arrest and why, but the formal caution ("You have the right to remain silent...") is given during interview, not always immediately at arrest.

You have to speak to the police. You have a right to remain silent and a right to have a solicitor present during interview. Exercise both.

A guilty verdict can be appealed and you can be retried. False (except in rare cases like perjury discovery). An acquittal is final and cannot be appealed.

Legal aid means you get a poor lawyer. Many legal aid lawyers are experienced and excellent. Quality varies like all professions, but legal aid does not mean inferior representation.

Related concepts

Burden of proof. In criminal trials, the prosecution must prove guilt beyond reasonable doubt. The standard is high. You do not have to prove innocence; the CPS must prove guilt.

Disclosure. The CPS must give you and your lawyer all evidence, including material that helps your defence. This is a legal duty.

Privilege. Conversations between you and your solicitor are confidential (legal privilege). The CPS and police cannot access them or force your solicitor to disclose them.

Bail conditions. If you're released pending trial, you may have conditions (report to police station, reside at an address, no contact with witnesses). Breaching bail is a separate offence.

Witnesses. The CPS calls its own witnesses. You can call witnesses too (they must be willing, or they can be subpoenaed, compelled to attend). Character witnesses support your credibility.

Evidence. Physical evidence (weapons, drugs, documents), witness statements, CCTV, phone records, and expert reports (forensics, medical, psychological) are all admissible if properly obtained and relevant.

Sentencing guidelines. Judges follow statutory guidelines that set starting points for sentences based on the offence and your culpability. Aggravating factors (e.g., premeditation, breach of trust) increase sentence. Mitigating factors (e.g., remorse, mental health, age) decrease it.

Victim involvement. Victims have certain rights: to be informed of trial dates, to attend trial, to make a victim impact statement at sentencing. Victim statements can influence sentencing.

Sources

• UK Government Courts and Tribunals Judiciary: https://www.gov.uk/courts
• Crown Prosecution Service (CPS): https://www.cps.gov.uk
• The Judiciary of England and Wales: https://www.judiciary.uk
• Sentencing Council: https://www.sentencingcouncil.org.uk

Disclaimer. This page provides general information about UK criminal trials. It is not legal advice. If you are charged with a crime, seek advice from a qualified solicitor or barrister. Your circumstances are unique. This page cannot account for every situation, defence, or variation. Use it to understand the process, not to plan your legal strategy.

Written by Peter Kolomiets, founder of CaseCalm. UK content reviewed 2026-05-28.