What Happens If You Are Charged With a Criminal Offence? What to Expect at Court

Introduction

Being charged with a criminal offence is a serious step. In England and Wales, the court process that follows is structured and predictable. The first court hearing is usually administrative: it is not a trial, and it does not decide guilt or innocence. Understanding what to expect can help you prepare and reduce uncertainty.

What Does It Mean to Be Charged With a Criminal Offence?

A charge means that the police and the Crown Prosecution Service (CPS) have decided there is sufficient evidence to proceed with a case. A charge is not a conviction. You are presumed innocent until proven guilty. Being charged simply triggers the court process: you will be required to attend court, and the case will be managed according to set procedures.

Which Court Will the Case Start In?

In England and Wales, most criminal cases start in the Magistrates' Court. Even serious matters often begin there. The magistrates will deal with summary and either-way offences. For indictable-only offences, the case will be sent to the Crown Court after initial hearings in the magistrates' court. Your first hearing will almost always be in the Magistrates' Court unless the case has already been transferred.

What Happens at the First Court Hearing?

At the first court hearing, the case is called on and your identity is confirmed. The charge or charges are outlined, and the court will address bail or custody. If you were on police bail, the court may confirm, vary or remove conditions. If you were in custody, the court will consider whether you should remain in custody or be granted bail. The court will then make directions for the next stage and fix a future hearing date. The first hearing is not a trial: evidence is not tested, and the court does not decide guilt or innocence at this stage.

Do I Have to Have a Solicitor at Court?

You are allowed to attend court without a solicitor, but legal representation is strongly recommended. The court will proceed whether or not you have a solicitor. Without a criminal defence solicitor, you may struggle with procedure, bail applications, plea, and sentencing—and the case will not be paused to give you time to find one. A criminal defence solicitor can assist with procedure, bail applications, and case management, and can explain what is happening and what options you have. If you are considering representation at court, our page on court representation explains how Magistrates' Court and Crown Court hearings are covered, including first appearances, plea hearings, and bail applications.

Can I Just Turn Up to Court Without Representation?

Yes, you can attend on your own—but the case will normally proceed. The court will expect you to answer basic procedural questions, such as confirming your name and address and how you intend to plead (when asked). The court will not delay the hearing simply because you do not have a solicitor. If you plead guilty, the court can sentence you on the same day whether you have a solicitor or not. Many people find the process difficult without legal assistance, but the hearing will go ahead and the case will not be adjourned merely because you are unrepresented.

Will the Court Adjourn If I Do Not Have a Solicitor?

Courts do not routinely adjourn hearings simply to allow a defendant time to obtain legal representation. Adjournments are discretionary and are based on necessity, not convenience. Wanting more time to find a solicitor is usually not sufficient on its own. The court may consider an adjournment only where the interests of justice genuinely require it, where there are procedural reasons (for example, the case is not ready), or where there are exceptional circumstances. Defendants should not assume the court will delay proceedings because they are unrepresented.

What About Legal Aid and Representation Orders?

Legal aid at court depends on your means and whether the interests of justice test is met. Applications are not automatic. You must apply, and the court or the Legal Aid Agency will assess eligibility. Court proceedings will continue while applications are considered. A grant of legal aid does not guarantee any particular outcome; it provides funding for representation where the criteria are satisfied.

What Decisions Can Be Made at the First Hearing?

At the first hearing, bail conditions may be imposed or varied, the case may be sent or committed to another court (for example, the Crown Court for indictable-only matters), and timetables and directions are set. A future hearing date is fixed—or, if you enter a guilty plea in the Magistrates' Court, the court can proceed to sentence you on the same day. That can happen with or without a solicitor: the case will normally proceed. The court does not delay to allow you to obtain representation. For more on how bail is dealt with at the police station and at court, see our page on bail applications.

Why Preparation Matters Before Attending Court

You need legal representation to protect your interests. The court will not stop the case because you are unrepresented: hearings proceed, and you can be sentenced on the day if you plead guilty. Understanding the process reduces the risk of being caught off guard. Being unprepared can limit the options available to you at the first hearing—for example in relation to bail, plea, or sentence. Early advice helps defendants understand what will happen next. Many people first encounter the system at the police station; free legal advice at the police station is available and can help you understand the process from the outset. If you have already been charged, arranging representation before the first court hearing is important.

For context on what happens before charge, see our pages on what to expect at a police interview and what happens after a police interview. For an overview of police station legal advice, see our dedicated page. For representation at Magistrates' Court or Crown Court, including first appearances and bail, see our court representation page.