Judgment day in UK courts explained

Judgment day is the moment a judge or jury delivers their decision. The surprise for most people: the decision itself is not the end. What happens on the day depends on whether you are in civil court (disputes over money or rights) or criminal court (allegations of crime), and on dozens of procedural steps that follow before the judgment becomes final and enforceable.

This guide walks you through what actually happens on judgment day in UK courts, from the moment the judge enters the courtroom to when the court order is sealed and served.

The short version

• Civil immediate judgment: Judge announces the decision in court. You know you have won or lost the same day. Costs argument follows. The order is drafted and sealed within days.
• Civil reserved judgment: Judge takes time to write the decision. The judgment is published (read out in court or sent to the parties). Costs are argued the same day or at a later hearing.
• Criminal verdict: Jury retires to reach a verdict. Guilty or not guilty. If guilty, sentencing can be immediate (the judge decides the punishment on the spot) or adjourned (the judge orders a pre-sentence report, usually 3 to 4 weeks).
• Custodial sentence: If immediate custody, the defendant is remanded in the dock or taken to a holding cell. Legal aid may provide duty solicitors.
• Non-custodial sentence: Community order, fine, conditional discharge, or suspended sentence. The defendant may be released immediately.

At a glance

Civil judgment: immediate vs reserved

In civil court, the judge has two options: decide now (immediate judgment) or take time to write a reasoned judgment (reserved judgment).

Immediate judgment

Immediate judgment happens when the judge decides to announce the decision from the bench, usually the same day or within an hour. The judgment is spoken aloud in open court. The judge explains the decision briefly. This is called an "oral" or "ex tempore" judgment. It is final the moment the words leave the judge's mouth, though the written order comes later.

Advantages of immediate judgment:

• You know the outcome the same day
• Costs argument can follow immediately
• The order is drafted within days
• Saves time and further stress

Disadvantages of immediate judgment:

• The judge's reasoning may be brief or incomplete
• Limited time for the judge to consider complex legal issues
• Fewer options for grounds of appeal (though you can still appeal)

Reserved judgment

Reserved judgment is when the judge says "I will reserve my judgment" or "I will take time to consider my decision." The judge writes a full, reasoned judgment, usually 1 to 4 weeks later. The judgment is published by being read out in court (or sent to the parties if no hearing is scheduled).

Advantages of reserved judgment:

• The judge has time to consider complex law and facts
• The written reasons are thorough and well-considered
• You have a detailed explanation of why you lost or won
• Better grounds for appeal (if the reasons contain errors)

Disadvantages of reserved judgment:

• You wait weeks for the outcome
• Anxiety and uncertainty in the meantime
• Costs argument is scheduled for a later date

The choice is usually the judge's, but either party can ask the judge to reserve judgment if the law is complex or the facts are disputed.

Civil immediate judgment (oral, ex tempore)

When the judge delivers immediate judgment, the following happens:

1. Judge enters court or has been hearing evidence and closes submissions
2. Judge announces: "I will give judgment now" (or ex tempore judgment)
3. Judge speaks the decision from the bench. The judge says who has won ("Judgment for the claimant") or ("Judgment for the defendant"). The amount of damages (if money) is stated. Any interest or other relief is mentioned.
4. Judge gives brief reasons: Why the claimant or defendant has won. This may take 10 minutes to an hour, depending on complexity.
5. Judgment is complete: The moment the judge finishes speaking, the judgment is final, binding, and enforceable.
6. Bailiff or legal adviser notes the judgment: To ensure the written order matches what the judge said.

What happens next

After immediate judgment is given:

• Costs argument: The winner's lawyer may argue for costs (the losing party to pay the winner's legal fees). This happens immediately after judgment, unless the judge says "costs reserved" or "costs to be dealt with in writing." The judge may award costs in full, in part, or refuse costs. The judge may make a "detailed costs order" (itemised list of what the winner can claim) or a "summary assessment" (the judge estimates a reasonable sum and awards it immediately).
• Court order drafted: The bailiff or legal adviser types up the order that day or the next day. The order states: who won, how much, any interest, any injunction or other remedy, and who pays costs.
• Order sealed: The court seal is pressed onto the order (or an electronic signature added). This makes it an official court order.
• Order served: The other party is served with the order, usually by post or email within 3 to 7 days.

Civil reserved judgment (written, sent later)

When the judge reserves judgment, the following happens:

1. Judge says: "I will reserve my judgment. I will deliver my judgment on [date] / within [timeframe]."

2. Judge takes the case papers home (or to chambers) and writes a reasoned judgment.

3. Judgment is written: The judge prepares a judgment that explains:

   • The facts the judge finds proved
   • The law applicable to the case
   • How the law applies to the facts
   • Who has won and why
   • What remedy (damages, injunction, declaration, etc.) is granted
   • Costs (or "costs reserved to be dealt with at the judgment hearing")

4. Judgment is delivered: On the date fixed, the judgment is "handed down." This means:

   • Either the parties return to court to hear the judge read or summarise the judgment
   • Or the judgment is sent to the parties in writing (in commercial or appellate cases, for example)

5. Judgment is final: Once delivered (read out or sent), the judgment is final and binding.

6. Costs argument (if not already reserved): If the judge said "costs reserved," the parties argue about costs on the same day (or at a hearing a few days later). The judge then makes a costs order.

Costs argument after judgment

After judgment (whether immediate or reserved), the winner usually argues for costs. This is a separate argument from the judgment itself.

How costs argument works

1. Winner's lawyer speaks first: Argues why the winner should recover costs. The lawyer may say:

   • "My client succeeded on all issues. Full costs are justified."
   • "My client succeeded on the main issue, though lost one minor point. Costs should be 80% of the full amount."
   • "My client made a settlement offer that the other side rejected. The offer was better than the judgment. Costs should be on an indemnity basis" (a higher rate of costs recovery).

2. Loser's lawyer responds: May argue:

   • "My client made a reasonable offer that was rejected."
   • "The case was complex and success was uncertain."
   • "My client has limited means and cannot afford to pay costs."
   • "Costs should be reduced because the winner ran a weak case on some issues."

3. Judge decides on costs: The judge says:

   • "Costs in favour of the claimant [the winner]" (the full amount of the winner's legal fees)
   • "Costs in favour of the claimant, to be assessed" (the winner gets costs, but the exact amount is worked out later by a costs judge or agreed in writing)
   • "Costs in favour of the claimant on a summary basis, in the sum of GBP X" (the judge estimates a lump sum, e.g. GBP 5,000)
   • "No costs order" (each party pays their own)
   • "Costs in favour of the defendant" (the loser gets costs, which is rare, but happens if the winner behaved unreasonably)

Costs assessment

If the judge orders costs to be "assessed," the winner's solicitor prepares a "bill of costs" (an itemised list of all work done, all counsel's fees, disbursements, etc.). The loser has a chance to object to any items. A costs judge (or agreed negotiation) determines the final bill.

Costs assessment can take weeks or months. The loser can appeal the costs assessment.

Drafting the order

After judgment and costs are decided, the court order must be drawn up. This is a formal document that states:

• The parties' names
• The judge's name
• The date of judgment
• What the judge decided (e.g. "The claimant is entitled to damages of GBP 50,000")
• Interest (if awarded) and the date from which interest runs
• Any injunction or declaration
• Costs (e.g. "The defendant shall pay the claimant's costs, to be assessed")
• When the order takes effect (usually immediately)
• Any time limit for compliance (e.g. "The defendant shall pay the sum within 14 days")

The order is usually prepared by the winner's solicitor (if they have one) or the court. The loser's lawyer has a chance to check the order for accuracy. If there is a dispute about what the judge said, either party can ask the judge to "clarify" the order within a short time limit (usually 7 to 14 days).

Once the order is agreed, it is signed by the judge (or the court stamps it as "sealed").

Sealed order delivered

Once sealed, the order is served on the other party. Service usually happens by:

• Post (first class recorded delivery)
• Email (to the solicitor, if the defendant has one)
• Personal service (a court bailiff delivers it by hand)

The order is enforceable once served. The loser must comply with the order. If the loser does not pay within the time limit, the winner can use enforcement methods (such as a "writ of control" to seize assets, or a garnishee order to intercept bank balances).

Criminal verdict (jury or magistrates retire)

In criminal cases, the verdict is reached when the jury (in Crown Court cases) or the magistrates (in magistrates' court cases) decide whether the defendant is guilty or not guilty.

Jury verdict (Crown Court)

1. Judge gives jury instructions: After all evidence and closing arguments, the judge sums up the case for the jury. The judge explains:

   • The charges against the defendant
   • The law (e.g. what elements of the crime must be proved)
   • The standard of proof: beyond reasonable doubt
   • The burden of proof: the Crown must prove guilt, not the defendant to prove innocence
   • How to approach the evidence
   • The jury's role: to decide facts, not law

2. Jury retires: The jury leaves the courtroom and goes to a jury room (usually on the same day or early the next morning). The jury discusses the case and tries to reach a verdict. The jury must all agree (unanimity in Crown Court, typically) or in some cases, a majority is allowed (9 or 10 out of 12 must agree).

3. Jury returns verdict: The jury comes back to court after an hour, a day, or several days. The foreman (jury spokesperson) stands up and says either:

   • "Not guilty" (the jury has agreed the Crown has not proved guilt beyond reasonable doubt)
   • "Guilty" (the jury has agreed the Crown has proved guilt beyond reasonable doubt)

4. Verdict is announced in open court: The judge thanks the jury and dismisses them (if not guilty) or addresses the defendant (if guilty).

Magistrates' verdict (Magistrates' Court)

In magistrates' court, there is no jury. The magistrates (usually 2 or 3 lay magistrates, or 1 District Judge) retire to consider the verdict. They follow the same process: they must be satisfied beyond reasonable doubt that the defendant is guilty. If they are not satisfied, they acquit (find not guilty).

Sentencing: immediate vs adjourned for pre-sentence report

After a guilty verdict, sentencing is the next stage. The judge can:

• Sentence immediately (on the same day): The judge has heard the facts during trial and knows enough about the defendant to decide the sentence without further delay.
• Adjourn sentencing (usually 3 to 4 weeks): The judge orders the probation service or prison service to prepare a pre-sentence report (PSR). The PSR tells the judge about the defendant's personal circumstances (age, criminal history, employment, health, family, etc.) to help the judge decide on an appropriate sentence.

Immediate sentencing

If the judge sentences immediately:

1. Judge calls the defendant into the witness box (or asks them to stand in the dock)

2. Judge invites the Crown prosecutor to make submissions: The prosecutor may argue for a particular sentence or sentence range.

3. Judge invites defence counsel to mitigate: Defence counsel argues for a lower sentence, focusing on:

   • The defendant's personal circumstances
   • Remorse
   • Good character references
   • Medical or psychiatric conditions
   • The defendant's age and prospects
   • Previous good conduct

4. Judge considers sentencing guidelines: The judge consults the Sentencing Council's guidelines (which set out typical sentences for different crimes, depending on seriousness and other factors).

5. Judge pronounces sentence: The judge says, for example:

   • "You are sentenced to 2 years' imprisonment."
   • "You are given a community order of 12 months with 100 hours of unpaid work."
   • "You are fined GBP 500."
   • "You are given a conditional discharge for 12 months."
   • "You are given a suspended sentence of 6 months, suspended for 2 years."

6. Sentence takes effect immediately: The defendant must comply (e.g. go to prison, start unpaid work, pay the fine).

Adjourned sentencing (PSR ordered)

If the judge adjourns sentencing:

1. Judge says: "I will adjourn sentencing. I order a pre-sentence report. Come back on [date]."
2. Probation officer writes the PSR: Over 2 to 4 weeks, the probation officer interviews the defendant and gathers information (employment, medical history, criminal history, family circumstances, etc.).
3. PSR is filed: The probation officer sends the PSR to the court and to the defence solicitor.
4. Sentencing hearing: The parties return to court on the adjourned date. The judge considers the PSR and hears further submissions. The judge then sentences.

Custodial sentence: what happens to the defendant

If the defendant is sentenced to prison, the following happens immediately:

1. Sentence is announced: The judge says "You are sentenced to [X years/months] imprisonment."
2. Defendant is remanded in custody: If the defendant has been on bail throughout the trial, the judge now orders the defendant into custody. The defendant is taken to a holding cell beneath the courtroom (the "cells" or "prison van").
3. Defendant is taken to a prison: Within hours, the defendant is transported by prison van to a local prison (where the defendant will be held while awaiting transfer to a longer-term prison). The defendant's belongings are searched and logged. The defendant is strip-searched. The defendant is given a prison number and assigned to a cell.
4. Duty solicitor: If the defendant does not have a solicitor, the court provides a duty solicitor. The solicitor can advise on appeal options and may file an appeal notice immediately (in some cases, an appeal can be lodged the same day, though the defendant remains in prison while the appeal is considered).
5. Time served on remand: Any time the defendant spent in prison awaiting trial (on remand) is deducted from the sentence. For example, if the defendant was on remand for 6 months and is sentenced to 2 years, the defendant will serve only 18 months from the date of sentence.
6. Parole and release: The defendant will typically be released on parole (supervised release) after serving half the sentence (for most sentences). For example, a 2-year sentence means release after 1 year in prison. Release conditions are set by the probation service.

Non-custodial sentence: community order, fine, conditional discharge

If the defendant is not sentenced to prison, the judge may impose:

Community order

A community order requires the defendant to do unpaid work, attend courses, or comply with conditions (e.g. reside at a certain address, not contact the victim). The defendant remains in the community but is supervised by the probation service. If the defendant breaches the community order, the judge can impose a custodial sentence instead.

Fine

The defendant must pay a sum of money within a time limit (usually 28 days). If the defendant cannot pay, the defendant can ask for time to pay or for the fine to be paid in instalments (see "Time to pay and instalments" below).

Conditional discharge

A conditional discharge means the defendant is discharged (no punishment), but if the defendant commits another crime within a certain period (e.g. 2 years), the judge can sentence for both the original crime and the new one. A conditional discharge is used for minor crimes or where the defendant has no previous criminal history.

Suspended sentence

A suspended sentence is imprisonment that is suspended (not served immediately). For example, "You are sentenced to 6 months' imprisonment, suspended for 2 years." If the defendant commits no further crimes in the 2-year period, the sentence is not served. If the defendant commits a crime, the judge usually activates the suspended sentence (the defendant goes to prison to serve the original 6 months, plus any new sentence).

Time to pay and instalments

If the defendant is sentenced to pay a fine, the judge sets a time to pay. The defendant may ask for:

• Time to pay: Extra time to gather the money (e.g. 12 weeks instead of 28 days)
• Instalments: Payment in regular amounts, e.g. GBP 50 per month until the fine is paid

The judge considers the defendant's means (income, employment, debts, family circumstances) when deciding on time to pay. If the defendant defaults on time to pay or instalments, the court can use enforcement methods (e.g. a warrant of distress to seize assets, or a custodial default order: imprisonment if the fine is not paid).

What you can do after losing (appeal, application to set aside, payment plan)

If you have lost a judgment, you have limited options:

Appeal

In civil cases, you can appeal to the Court of Appeal (Civil Division) on grounds of:

• A legal error (the judge applied the law wrongly)
• A procedural error (the judge breached the rules of court)
• Perversity (the decision is so unreasonable that no judge could have reached it)

You must apply for permission to appeal within 21 days of the judgment. The permission stage is a filter: many appeals are refused at this stage.

In criminal cases, a defendant can appeal against conviction on grounds of:

• A legal error
• A procedural error
• Jury misdirection
• Unsafe conviction (the conviction is unsafe, taking into account all the circumstances)

A defendant can also appeal against sentence if the sentence is manifestly excessive.

Application to set aside (rescind) the judgment

In civil cases, you can ask the judge to set aside the judgment on grounds of:

• A procedural default (you were not served with notice of the hearing, or did not know about it)
• A material mistake by the judge (e.g. the judge misunderstood the law or misdirected themselves)

This application must be made within days of the judgment.

Payment plan

If you cannot afford to pay the judgment in full, you can propose a payment plan to the winner. The plan sets out what you can afford to pay per month. The winner may accept it (in which case you pay by instalments) or refuse it (in which case the winner can pursue enforcement, such as a county court judgment or writ of control to seize assets).

What you can do after winning (enforcement, costs assessment)

If you have won a judgment, you have won the right to receive the money (or the relief, such as an injunction). But enforcement may be necessary if the loser does not comply.

Enforcement of a money judgment

If the loser does not pay within the time set in the judgment, you can use:

• Warrant of control: A court officer (bailiff) is sent to the loser's home or workplace to seize goods of sufficient value to cover the judgment debt, interest, and costs of enforcement.
• Third party debt order (formerly garnishee order): You ask the court to order a bank or employer to pay the judgment debt from the loser's bank account or wages.
• Charge on land: You register a charge against the loser's property. When the property is sold, the charge is paid out of the sale proceeds.
• Insolvency: If the loser is a company, you can petition for the company to be wound up (dissolved). If the loser is an individual, you can petition for them to be made bankrupt.

Enforcement can be slow and expensive. Many winners never recover the full amount owed.

Enforcement of a non-monetary judgment (injunction)

If the judgment is an injunction (an order to do something or stop doing something), enforcement is by contempt of court. If the loser breaches the injunction, you can ask the court to find the loser guilty of contempt and impose a fine or imprisonment.

Costs assessment

If the judge ordered costs to be assessed (rather than a fixed sum), you will submit a bill of costs to the court. The loser has a chance to object. A costs judge determines the final bill. This process takes weeks or months. The loser can appeal the decision.

Day to day (a typical judgment day timeline)

Here is what a typical judgment day looks like in a civil trial with immediate judgment:

In a criminal trial with immediate sentencing, the timeline is tighter:

Common misconceptions

Myth 1: Judgment is final once the judge speaks

Truth: Judgment is final when the judge finishes speaking (or when the written judgment is delivered). But it is not the end of the case. There is costs, enforcement, and possible appeals ahead.

Myth 2: The loser must pay costs immediately

Truth: If costs are ordered, the loser must pay the judgment debt (the money awarded) within the time set by the judge (usually 14 days). Costs are assessed separately and can take weeks. During that time, the loser does not know the final costs bill.

Myth 3: A custodial sentence takes effect after an appeal is filed

Truth: If the defendant is sentenced to prison and immediately remanded in custody, the defendant goes to prison that day. Filing an appeal does not stop the sentence from taking effect. The defendant remains in prison while the appeal is considered (unless the appeal is an emergency application to suspend the sentence pending appeal).

Myth 4: The jury decides the sentence in a criminal case

Truth: The jury decides the verdict (guilty or not guilty). The judge decides the sentence. The jury has no role in sentencing.

Myth 5: You can appeal a judgment if you simply disagree with the outcome

Truth: You can only appeal on grounds of law or procedure (a legal error or a procedural breach). You cannot appeal simply because you disagree with the judge's decision or think the outcome is unfair. Even if you think the judge made the wrong decision on the facts, you cannot appeal unless the judge's decision is so unreasonable that no judge could have made it (the "perversity" test).

Myth 6: A fine can be paid whenever the defendant has the money

Truth: The judge sets a time to pay (usually 28 days). If the defendant does not pay within that time, the court can use enforcement methods (seize goods, order deductions from wages, or even impose imprisonment for default).

Related concepts

• Default judgment: A judgment given without a trial because the defendant did not respond to the claim or failed to attend court.
• Summary judgment: A judgment given early in a case, before trial, because the judge is satisfied that the claimant is entitled to judgment.
• Interlocutory judgment: A judgment on a point of law or fact during the case (not the final judgment).
• Consent order: A judgment by agreement of the parties (e.g. a settlement agreed in writing, approved by the judge).
• Variation of judgment: An application to change the terms of a judgment (e.g. because circumstances have changed).
• Reopening of judgment: A rare application to hear new evidence that was not available at trial.
• Contempt of court: Breach of a court order (e.g. breaching an injunction). Punishable by fine or imprisonment.
• Appeal: An application to a higher court to review a judgment for legal error or procedural breach.
• Case management conference: A hearing before trial to narrow the issues and manage the timetable.
• Pre-trial review: A hearing shortly before trial to confirm that the case is ready for hearing.

Sources

• UK Judiciary: Court and Tribunal Judgments
• The Sentencing Council: Sentencing Guidelines
• UK Government: Courts and Tribunals Guidance

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

Disclaimer: This page provides information about UK judgment days. It is not legal advice. If you are involved in a court case, you should seek advice from a qualified legal professional. The information on this page is accurate as of 2026-05-28 and reflects current UK civil and criminal procedure, but court procedure can change. Do not rely on this page as your only source. The law is complex, and every case is different.