Criminal Law
Criminal Defence & Police Station Advice
Understanding allegations, evidence, police procedure and the route through the Magistrates’ Court or Crown Court. For police-station representation or court advocacy, an appropriately qualified solicitor or barrister may be required.
Summary-only offences
Generally heard in the Magistrates’ Court: common assault and battery, speeding, driving without insurance and many other motoring offences. Not every motoring offence is summary-only, and limited exceptions can allow common assault to be included on a Crown Court indictment.
Either-way & indictable-only offences
Either-way offences, such as theft and section 20 grievous bodily harm (GBH) or unlawful wounding, may be tried in either court depending on allocation and election. Murder, manslaughter, rape, perverting the course of justice and section 18 GBH with intent are indictable-only and tried in the Crown Court after initial Magistrates’ Court proceedings.
Police powers & PACE 1984 rights
Guidance on stop and search, arrest, detention, interviews and the Police and Criminal Evidence Act 1984 codes. This includes free independent legal advice at the police station, having someone informed of an arrest (subject to lawful exceptions), access to the codes and appropriate-adult safeguards. Remaining silent can have legal consequences in some circumstances; obtain legal advice before interview.
Decisions & possible outcomes
Depending on the evidence and eligibility: no further action, an available out-of-court disposal such as a simple or conditional caution, charge, or acquittal at trial. Cautions generally require an admission and consent and may have disclosure consequences. Following conviction, outcomes may include an absolute or conditional discharge, a fine, a community order or custody.
Suspended sentences & completion
Where legally available, a custodial sentence may be suspended, with requirements and an operational period set by the court. Compliance and avoiding further offending are essential; breach or a new offence can activate custody. Successful completion does not erase the conviction. A discharge is a separate sentencing outcome, not another name for completing a suspended sentence; spent-conviction and disclosure rules vary.