Theodorous Library · England & Wales · 51 guides
Criminal law, explained.
Short, cited explanations of the criminal law of England and Wales, prepared by Theodorous solicitors. Ask Theodorous answers from these guides, legislation and official guidance.
At the police station
Cautions and other out-of-court resolutionsAn adult who admits an offence may be dealt with without prosecution by a community resolution, penalty notice, simple caution or conditional caution (Criminal Justice Act 2003 ss.22-27). A simple caution is spent immediately and a conditional caution after 3 months, but adult cautions can still appear on standard and enhanced DBS checks.How long can the police hold you without charge?Normally up to 24 hours from the relevant time, usually arrival at the police station. A superintendent can extend this to 36 hours for an indictable offence, and magistrates can authorise further detention up to a maximum of 96 hours. Terrorism cases allow up to 14 days.Police interviews under caution and the right to silenceEveryone has the right to remain silent in a police interview, but a court may draw an adverse inference if a defendant later relies on a fact they could reasonably have mentioned when questioned (Criminal Justice and Public Order Act 1994 s.34). Nobody can be convicted on silence alone.Police stop and search in the streetYes, but usually only if an officer has reasonable grounds to suspect you are carrying stolen or prohibited items or drugs. Without suspicion, searches for weapons are allowed only where a senior officer has authorised them for an area under section 60.Your rights at the police station after arrestEveryone detained at a police station has the right to free and independent legal advice, to have someone told where they are, and to read the PACE Codes of Practice. Legal advice at the police station is free whatever the person's income, though for some minor matters it is given by telephone only.
Bail
Bail at court: the right to bail, exceptions and conditionsMost defendants have a right to bail (Bail Act 1976 s.4). A court can refuse bail only on set grounds, such as substantial grounds for believing the defendant would abscond, offend or interfere with witnesses, and must consider whether conditions would manage the risk instead.Missing a court date: failing to surrender to bailIf you are on bail and miss court without reasonable cause, that is a separate offence (Bail Act 1976 s.6), punishable by up to 3 months in the magistrates' court or 12 months in the Crown Court. A warrant is usually issued and future bail becomes harder to get.Pre-charge bail and release under investigation (RUI)After arrest the police may release a suspect on pre-charge bail, which can carry conditions and has time limits (usually an initial 3 months, extendable), or release them under investigation (RUI), which has no conditions and no fixed end date.
Court and procedure
Can a newspaper name me? Reporting restrictionsUsually yes once you are charged: adult defendants have no general anonymity. Before charge police rarely name suspects and privacy is generally expected. Children in the youth court are anonymous until 18; adult courts may order it. Sexual offence complainants are anonymous for life.Disclosure of evidence and unused materialUnder the Criminal Procedure and Investigations Act 1996 the prosecution must disclose unused material that might reasonably be considered capable of undermining its case or assisting the defence (s.3), and keep this under review (s.7A). In the Crown Court the defence must serve a defence statement within 28 days, and failures can lead to adverse inferences (s.11).Magistrates' court or Crown Court: types of offence and allocationEvery adult criminal case starts in the magistrates' court. Summary offences stay there, indictable-only offences are sent to the Crown Court, and either-way offences can be tried in either court, depending on plea, the magistrates' allocation decision and the defendant's right to elect jury trial.Private prosecutions: can I prosecute someone myself?Yes. Any person or company can bring a private prosecution (Prosecution of Offences Act 1985 s.6(1)), but the DPP can take it over and stop it, some offences need official consent, and you carry the prosecutor's duties and real costs risk.The single justice procedure (SJP)The single justice procedure lets one magistrate decide minor, non-imprisonable offences for adults on the papers, such as TV licence evasion, fare evasion or speeding. You get a notice and must respond by its deadline by pleading guilty, guilty with a hearing, or not guilty.What happens at a criminal trialAt trial the prosecution must prove guilt so that the magistrates or jury are sure; the defendant does not have to prove anything. The order of a trial is set by the Criminal Procedure Rules 2025 (r.24.3 magistrates' court, r.25.9 Crown Court), and a jury may return a majority verdict of at least 10 of 12 after at least 2 hours' deliberation (Juries Act 1974 s.17).
Sentencing
Credit for a guilty plea: how much less a sentence isAn adult who indicates a guilty plea at the first stage of proceedings usually receives a reduction of one third. The maximum falls to one quarter after that stage and to one tenth on the first day of trial. Different rules apply to murder, firearms and other minimum sentences.Hate crime: racially or religiously aggravated offences and hostility at sentencingAssaults, criminal damage, public order and harassment offences that are racially or religiously aggravated (Crime and Disorder Act 1998 ss.28-32) carry higher maximums, up to 14 years. For any other offence, hostility based on race, religion, disability, sexual orientation or transgender identity must be treated as aggravating (Sentencing Act 2020 s.66).Release from prison: how much of a sentence is servedSince 1 October 2026 most adults on a standard determinate sentence are released automatically at one third, so a 3-year sentence usually means about 12 months inside, less remand time, with the rest on licence. Excluded offences keep the older 40%, half or two-thirds points.Types of sentence and how sentencing guidelines workA suspended sentence is a prison term of up to 3 years served in the community unless you reoffend or breach its terms; terms of 12 months or less must now usually be suspended. A community order is a non-custodial sentence with requirements. Guidelines set a category, starting point and range.
Appeals
Criminal records
Violence and self-defence
Assault offences: common assault, ABH, GBH and woundingNon-fatal assaults form a ladder: common assault and battery (summary only, maximum 6 months), assault occasioning actual bodily harm (s.47, maximum 5 years), unlawful wounding or inflicting GBH (s.20, maximum 5 years) and wounding or causing GBH with intent (s.18, maximum life).Self-defence and reasonable forceA person may use reasonable force to defend themselves or others, protect property or prevent crime. The test is whether they genuinely believed force was needed, and whether the force used was reasonable in the circumstances as they believed them to be (Criminal Justice and Immigration Act 2008 s.76).
Sexual offences
Indecent images of childrenTaking, making, distributing or possessing for distribution an indecent photograph or pseudo-photograph of a child under 18 is an offence under the Protection of Children Act 1978 s.1 (maximum 10 years); simple possession is an offence under the Criminal Justice Act 1988 s.160 (maximum 5 years). Both are triable either way.Rape, assault by penetration and sexual assaultRape and assault by penetration (Sexual Offences Act 2003 ss.1 and 2) can only be tried in the Crown Court and carry a maximum of life imprisonment; sexual assault (s.3) is triable either way with a maximum of 10 years. Complainants have lifelong anonymity, and conviction usually brings sex offender notification requirements.
Homicide
Manslaughter: voluntary and involuntaryManslaughter is an unlawful killing without the intent required for murder, or a killing with that intent where a partial defence applies. It is tried in the Crown Court and carries a maximum of life imprisonment.Murder: what the prosecution must prove, defences and sentenceMurder is the unlawful killing of a human being under the King's peace with intent to kill or to cause grievous bodily harm. It is tried only in the Crown Court and carries a mandatory life sentence, with the judge setting a minimum term.
Weapons
Public order
Harassment and stalking
Domestic abuse orders
Online and communications offences
Theft, robbery and burglary
Robbery and burglary: elements and sentencesRobbery is theft using or threatening force at or just before the time of the theft (Theft Act 1968 s.8, maximum life). Burglary is entering a building as a trespasser to steal, cause grievous bodily harm or do criminal damage, or stealing or causing GBH after entering as a trespasser (s.9).Theft: the definition, dishonesty and penaltiesTheft is dishonestly appropriating property belonging to another with the intention of permanently depriving them of it (Theft Act 1968 s.1). It is triable either way, with a maximum sentence of 7 years.
Criminal damage
Drugs
Motoring
Dangerous driving, careless driving and causing death or serious injury by drivingDangerous driving (Road Traffic Act 1988 s.2) carries up to 2 years and an obligatory ban with extended retest; careless driving (s.3) carries an unlimited fine and 3 to 9 points. Causing death by dangerous driving (s.1) or by careless driving under the influence (s.3A) carries up to life imprisonment for offences from 28 June 2022.Drink driving, failing to provide and drug drivingDriving or attempting to drive over the alcohol limit (Road Traffic Act 1988 s.5) carries a mandatory ban of at least 12 months, or 3 years for a second offence within 10 years. Failing to provide a specimen when driving carries the same ban; being in charge carries 10 points or a discretionary ban.Driving without insurance or a licence, and failing to name the driverDriving without insurance (Road Traffic Act 1988 s.143) carries an unlimited fine and 6 to 8 points or a discretionary ban; failing to give the driver's identity when required (s.172) carries a level 3 fine and 6 points. Driving otherwise than in accordance with a licence (s.87) carries a level 3 fine, with points only in some cases.Exceptional hardship, special reasons and new driversA totting-up ban for 12 or more points can be reduced or avoided for exceptional hardship (Road Traffic Offenders Act 1988 s.35), but the same circumstances cannot be relied on again within three years. Special reasons connected with the offence, proved by the defendant on the balance of probabilities, can avoid an obligatory ban (s.34(1)) or points (s.44(2)).Speeding, penalty points and totting-up bansA speeding offence adds at least 3 penalty points. Reaching 12 points within 3 years means the court must disqualify for at least 6 months unless it accepts exceptional hardship, and with 9 points already a fixed penalty cannot be offered.
Fraud and financial crime
Fraud: the three ways of committing fraudUnder the Fraud Act 2006 a person commits fraud by dishonestly making a false representation, failing to disclose information they are legally obliged to disclose, or abusing a position of trust, intending to make a gain or cause a loss. The maximum sentence is 10 years.Money laundering: what counts and the defencesMoney laundering is dealing in any way with property you know or suspect comes from crime: hiding, moving, arranging, acquiring, using or simply holding it (POCA 2002 ss.327 to 329). Suspicion is enough. The maximum sentence is 14 years.SFO section 2 notices: do you have to answer?Yes. A Criminal Justice Act 1987 s.2 notice compels you to answer questions and produce documents, and refusing without reasonable excuse is a crime. In return, your answers generally cannot be used as evidence against you unless you lie or later contradict them.
Proceeds of crime
Account freezing orders, cash seizure and civil forfeitureUnder the Proceeds of Crime Act 2002 Part 5, magistrates can freeze money in a bank or similar account for up to 2 years (s.303Z3) on reasonable grounds to suspect it is criminal property or intended for crime, and later forfeit it if satisfied on the balance of probabilities. Cash of £1,000 or more and cryptoassets can be seized and forfeited under similar powers, without any charge or conviction.Confiscation orders after convictionAfter a Crown Court conviction, or committal there, the court can make a confiscation order under the Proceeds of Crime Act 2002 s.6 for the defendant's benefit from crime. The order equals the benefit unless the defendant shows less is available, and must not be disproportionate. Unpaid sums carry interest and a default prison term of up to 14 years that does not wipe out the debt.
Offences against justice
Children and young people
General principles
Can I be prosecuted for something from years ago?Yes, for most offences. There is no general time limit for offences that can go to the Crown Court. Summary-only offences must usually be prosecuted within 6 months, with some exceptions, and many motoring offences need a warning or notice within 14 days.Can the victim drop the charges?No. In England and Wales the CPS, not the complainant, decides whether a prosecution continues. If a victim withdraws support the CPS reviews the case, and may still go ahead with a witness summons or other evidence such as 999 calls and body-worn video.Joint enterprise and secondary liabilityA person who intentionally assists or encourages another to commit a crime can be convicted of that crime as an accessory. Since R v Jogee [2016] UKSC 8, foresight that the other person might commit the crime is evidence of intent, not a substitute for it.