Legal Brains: Criminal Court Process Question

[Owllwo]

Please could someone give an overview of the criminal court process.

My job means that I sometimes deal with people who are going through this process and sometimes they refer to things that I then have to google and still it makes no sense.

Please bear with me

So let’s say they’re arrested. Then the police can keep them in custody until a bail hearing? Or let them go on bail, until another bail hearing?

How long can they keep them in custody? Why two bails?

Let’s say they have a bail hearing and are granted bail, what next? I’ve heard plea hearings, venue hearings, sentencing hearings, are they all the same?

When does the trial happen?

Sorry if I sound like a complete idiot. It’s not a huge part of my job as I only tend to speak to people in passing but would just like some understanding so I don’t look like a fool asking silly questions.

for anyone who can help.

I'm not a lawyer however, I work in CJS and here is the process that might help you.

When a suspect is charged, there is police bail whereby suspect will be on conditional or unconditional bail to attend court at the date set. It may also be the person if a serious offence such as murder, will be held in cells until the magistrate hearing. That will be case management hearing and the plea hearing. At this hearing, the bench will decide a) If the case needs to be transferred to Crown Court if the offence exceeds rather sentencing powers and b) Decide whether bail will be granted (conditional or unconditional) or the suspect is to be remanded in custody.

Summary-only offences are dealt with at Magistrates courts. (Sentencing powers of 6-months & under)

If a case is migrated to Crown, depending on the plea, a Judge will set a date for trial. There may be a pre-trial hearing also.

If suspect is found guilty following trial, there will be a sentence hearing where pre-sentence reports are heard from Probation and medical professionals if required.

Hope that helps. It might be a bit sloppy and a lawyer might well be able to offer a more refined timeline.

That’s brilliant. Thank you it is really helpful.

Does the sentencing hearing happen at the end of the trial or does the person then go home/to custody and come back for another hearing?

I often have people come in for appointments who are going through this process and when I suggest a date for the next appointment I seem to get it wrong every time. If I assume they’ll be available they look at me like ‘I just told you I have X hearing so of course I won’t be available.’ But when I assume they won’t be available I get a ‘well I might be available, it’s just an X hearing so we don’t know yet’.

I can’t win

So this is a huge help, thank you.

Sentencing often happens immediately after the verdict but it can be days, weeks or even months later. In the interim the accused may be released on bail or remanded in custody.

Thank you. I’m keeping of all of this written down so I can check and see which part of the process they’re at and what comes next.

Hi OP, this is a comprehensive guide:
www.clinks.org/criminal-justice/guide-criminal-justice-system
There is also one available via the CPS website, but the one above is very straightforward.

Thank you. That’s really great and easy to follow. I’ll print it off and hopefully not make any more slip ups