What Happens After You Are Charged

Once a custody officer decides that there is sufficient evidence to charge a suspect with a criminal offence, the suspect is formally charged. The charge is read to the suspect, who is cautioned again. The suspect must be given a written copy of the charge sheet. From this point, the investigation has concluded (in respect of the offence charged) and the suspect is now a defendant.

After charge, the custody officer must decide whether to release the defendant on bail or to detain them for production at the next available magistrates' court. Under section 38 of PACE 1984, the custody officer must release the defendant unless: detention is necessary because the defendant's name or address cannot be established or is doubted; detention is necessary to prevent the defendant from committing a further offence, causing injury, causing damage, interfering with the investigation, or obstructing the course of justice; or the defendant is a juvenile and detention is in their own interest.

If released on bail, the defendant will be given a date to appear at the magistrates' court (usually within a few days). The custody officer may impose bail conditions such as: a curfew, a requirement to reside at a specified address, a requirement not to contact certain persons, a requirement to report to a police station at specified times, or a requirement to surrender their passport. Breach of a bail condition is not itself a criminal offence, but the person may be arrested and brought before a court, which will decide whether to remand them in custody or reimpose bail with more stringent conditions.

At the first court hearing, the defendant will be asked to enter a plea. If the offence is summary-only, the case will be dealt with in the magistrates' court. If the offence is either-way, the court will consider whether the case is suitable for summary trial or should be sent to the Crown Court. If the offence is indictable-only, it will be sent to the Crown Court immediately. The defendant should seek legal advice before their first appearance: duty solicitors are available at magistrates' courts for defendants who do not have their own solicitor.