What Happens
After Charge?
The UK Court Process Explained: Bail, Remand, Pleas & Trial (2026 Guide)
Quick Answer
The Next Steps
After you are charged by police in England and Wales, you will either be released on bail to attend court or held in custody to appear before a magistrates’ court, usually within 24 hours. At your first court hearing, the charge is read, bail is considered, and the case is either dealt with or sent to the appropriate court for trial.
Chapter 01
What Does
"Charged" Mean?
Being charged is the formal start of judicial proceedings. It means the police have accused you of a crime and the CPS has authorized the prosecution.
- • Formal accusation of offence
- • Prosecution authorisation
- • Start of judicial process
The Status
A charge marks the point where the investigation transitions into a court case. The presumption of innocence remains until a court verdict is reached.
2. Immediate
Outcomes
After charge, a Custody Officer decide whether to release you on bail or remand you in custody. This depends on the seriousness of the offence and risk of absconding or public harm.
Decision
Factors
Court Bail
Released from custody with a requirement to attend court. Conditions may include curfews, residence requirements, or non-contact orders.
Remand in Custody
Held in police cells (or prison) until the first court appearance. Usually reserved for serious offences or high-risk defendants.
5. First Court Appearance
All criminal cases in England and Wales begin in the Magistrates' Court. If you are in custody, this happens within 24 hours.
Jurisdiction
Magistrates vs Crown
Summary
Less serious offences (e.g. minor assault, motoring) handled entirely by Magistrates.
Either-Way
Medium offences (e.g. theft, ABH) where Magistrates or Defendant can elect Crown Court trial.
Indictable
Most serious offences (e.g. murder, robbery) sent directly to Crown Court for trial by jury.
7. Entering
A Plea
9. The Role
of Disclosure
The prosecution must provide the defence with all evidence they rely on, and any material that may undermine the prosecution's case or assist the defendant.
10. Sentencing Options
11. Dropped Charges
Charges can be discontinued (dropped) by the CPS if the evidence becomes insufficient, a key witness withdraws, or if it's no longer in the public interest.
12. Rights of Appeal
Defendants have the right to appeal both their conviction and the sentence imposed. Appeals from Magistrates go to the Crown Court; Crown Court appeals go to the Court of Appeal.
Procedural FAQ
What happens after police charge you?
You are either released on court bail to attend a future hearing or remanded in custody to appear before a magistrates' court, usually within 24 hours.
How long after charge is court?
If held in custody, the first appearance is typically within 24 hours (or the next available court day). If released on bail, the date will be specified on your charge sheet, usually a few weeks later.
Can charges be dropped after charge?
Yes. The Crown Prosecution Service (CPS) can discontinue proceedings if new evidence emerges, if a witness withdraws and the case is no longer viable, or if it is no longer in the public interest to prosecute.
Does being charged mean guilty?
No. Charging is the formal start of the judicial process. Guilt is only determined if you enter a guilty plea or are found guilty after a trial in court.
Can you travel after being charged?
This depends on your bail conditions. If your bail is 'unconditional', you can travel. If it includes a 'residence' condition or a requirement to 'surrender passport', you cannot travel abroad without court permission.
Institutional
Interlinking
Police Pay provides regulation-based explanations of criminal procedure, police powers, and oversight structures.