This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how a criminal case progresses in England and Wales from first hearing to final sentence, including courts involved, plea stages, trial preparation, verdicts and appeal rights. This guide explains each step in the process clearly and accessibly.
A criminal case in England and Wales follows a structured progression through the justice system, from the first time a defendant appears in court to the final sentence or verdict. Although each case is unique depending on the severity of the offence and the plea entered, there is a common sequence of stages designed to ensure fairness, legal clarity and compliance with statutory requirements. This article explains the process in clear, accessible language, helping readers understand each key step in a criminal prosecution.
1. Reporting and Investigation
A criminal case usually begins when a crime is reported to the police or identified by law enforcement. Officers or investigative bodies collect evidence, interview witnesses and analyse materials such as CCTV or forensic results. Once enough information is gathered, the police decide whether to charge a suspect or to consult the Crown Prosecution Service (CPS) for charging advice - especially in more serious or complex matters.
2. Charging the Suspect and First Hearing
When the charging decision is made, the suspect becomes a defendant and will appear in a magistrates' court. This first hearing is often referred to as the first appearance or plea hearing. At this stage:
- The charges are read out;
- The defendant is asked to enter a plea of guilty or not guilty; and
- Initial procedural decisions are made.
For many cases, the first hearing provides an opportunity to give a plea straight away. If the case is ready and the defendant pleads guilty, the court may proceed to sentencing at the same hearing or adjourn to another date with a request for further information such as a pre‑sentence report prepared by probation services.
3. Allocation and Mode of Trial
Not all cases proceed identically after the first hearing. The next steps depend on several factors, including the type of offence:
- Summary offences (minor offences) are usually dealt with entirely within the magistrates' court;
- “Either‑way” offences can be tried in either the magistrates' court or the Crown Court. The defendant may choose the Crown Court after being informed of the magistrates' sentencing limits;
- Indictable‑only offences (more serious crimes) are sent to the Crown Court for trial and sentencing.
At the first magistrates' hearing for an either‑way offence, the court confirms the plea and decides whether to retain the case or send it for trial to the Crown Court. If sent to the Crown Court, a timetable is set for service of evidence and other preparatory steps.
4. Plea and Trial Preparation in the Crown Court
When a case reaches the Crown Court, the first hearing there is known as the Plea and Trial Preparation Hearing (PTPH). At this stage:
- The indictment (formal statement of charges) is read to the defendant;
- The defendant enters a formal plea of guilty or not guilty; and
- The court sets directions and a timetable for trial preparation - including service of prosecution evidence and disclosure of defence evidence.
If the defendant pleads guilty at the PTPH, the judge may proceed to sentencing or adjourn to allow preparation of sentencing reports.
5. Pre‑Trial Procedures and Directions Hearings
If the plea is not guilty, further hearings - sometimes called directions hearings or case management hearings - can be held to resolve legal issues before the trial starts. These hearings allow lawyers to address:
- Disclosure disputes;
- Evidence admissibility;
- Witness availability;
- Timetables for filing documents and expert reports.
These procedural steps help ensure the trial is focused and efficient when it begins.
6. The Trial
The trial itself is the central part of the criminal process when a not guilty plea has been entered:
- In magistrates' court trials (for summary offences or certain either‑way offences), magistrates, or a district judge determine guilt or innocence;
- In Crown Court trials (for indictable and some either‑way offences), a jury of 12 members of the public decides the verdict, with the judge overseeing legal rulings.
During the trial:
- The prosecution opens the case and calls evidence first;
- Witnesses provide testimony and are examined and cross‑examined;
- The defence presents its case, calling its own witnesses if needed;
- Both sides make closing arguments;
- The judge sums up and, where applicable, the jury retires to deliberate.
If the jury cannot reach a unanimous decision after careful consideration, most cases allow a majority verdict (usually a minimum of 10 out of 12 jurors agreeing).
7. Verdict and Sentencing
At the end of the trial:
- If the defendant is found not guilty, the case ends and the defendant is acquitted;
- If guilty, the judge - or magistrates' court - proceeds to sentence the offender.
Sentencing considers a range of factors, including the seriousness of the offence, statutory guidelines and, in some cases, reports prepared by probation services. The sentence may be delivered immediately or at a later hearing, depending on the circumstances.
Punishments range from fines and community orders to custodial sentences, depending on the offence and applicable legal guidance.
8. Post‑Sentence Rights and Appeals
After sentencing:
- A defendant convicted in a magistrates' court has an automatic right to appeal to the Crown Court against conviction or sentence;
- A defendant convicted in the Crown Court must seek permission to appeal from the Court of Appeal on grounds such as error of law or unreasonable verdict;
- Prosecution may seek to appeal against certain sentencing decisions if they are deemed too low under specific statutory provisions.
Appeal hearings review the legal basis of the original decision and can result in upheld, modified or overturned outcomes.
Practical Considerations and Timelines
The time it takes from the first hearing to final sentence varies significantly depending on complexity, court availability, and whether a guilty plea is entered early. Many summary cases are resolved swiftly, often within weeks. More serious Crown Court cases can involve months of preparation before trial, followed by sentencing shortly after conviction. Backlogs in courts can affect scheduling, though ongoing reforms aim to improve efficiency.
Key Takeaways
A criminal case in England and Wales follows a clear trajectory from initial charge and first hearing to final sentence or acquittal. Key stages include:
- Investigation and charge decision;
- First hearing and plea in magistrates' court;
- Allocation of trial venue (magistrates' or Crown Court);
- Plea and preparation in Crown Court where required;
- Trial and evidence presentation;
- Verdict and sentencing; and
- Post‑sentence rights and appeals.
Understanding this process helps defendants and observers navigate the criminal justice system with clarity on legal expectations and procedural steps.
