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

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

Appeals

Criminal records

Violence and self-defence

Sexual offences

Homicide

Weapons

Public order

Harassment and stalking

Domestic abuse orders

Online and communications offences

Theft, robbery and burglary

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

Proceeds of crime

Offences against justice

Children and young people

General principles

Funding