Adults in The System
STAGE 1 — Arrest & Police Powers
This is the moment most people first enter the system — and it happens fast.
One minute you're going about your day; the next you're being cautioned, handcuffed, and put in the back of a police vehicle. Knowing what's coming, and what your rights are, can make a frightening situation more manageable.
The moment of arrest
The police can arrest you if they reasonably suspect you've committed an offence. They'll caution you with the words: "You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court." You'll usually be handcuffed, searched, and taken to a police station. This isn't the moment to explain or argue your case — that comes later, with a solicitor beside you.
Why they can detain you
Once at the station, a custody sergeant — not the officer who arrested you — decides whether there are grounds to hold you. They record your details, tell you why you're being held, and explain your rights. From this point the clock starts on how long they can keep you.
Your right to remain silent
You don't have to answer police questions. Staying silent is not an admission of guilt. But note the caution above — in some cases, not mentioning something you later rely on in court can count against you. Whether to answer, stay silent, or give a prepared statement is a decision to make with your solicitor, never alone.
Your right to free legal advice
This is the most important right you have, and it's genuinely free, for everyone, 24 hours a day. You can use the duty solicitor or your own. Asking for a solicitor does not make you look guilty and does not slow things down.
Searches, fingerprints and DNA
When you're booked in, your belongings are taken and listed. You'll be searched. The police can take your fingerprints, a photograph, and a DNA sample (usually a mouth swab) without your consent for a recordable offence. These records can be kept even if you're never charged, though you can apply to have them deleted in some circumstances.
How long they can keep you
The standard limit is 24 hours from when you arrive at the station. For serious offences this can be extended to 36 or 96 hours with senior officer or court authority. Under terrorism law it's longer. If they don't charge you within the limit, they must release you.
What happens when they let you go
There are three common outcomes:
-
Released under investigation (RUI) — you're free with no conditions while they keep investigating. There's no time limit, so this can drag on for months with no answer.
-
Released on bail — you're free but with conditions (see below).
-
Charged — you're formally accused and given a court date.
Bail conditions and restrictions
If you're bailed, conditions might include a curfew, staying away from certain areas or people, reporting to a police station regularly, or electronic tagging. Breaking any bail condition is a separate offence — so take them seriously, even the ones that feel petty.
Links & support
STAGE 2 — Police Interview & Charging Decisions
After arrest, the police gather evidence and decide what happens next. This stage often determines whether a case proceeds at all.
The interview
Once detained, you'll usually be interviewed under caution. The caution makes clear that you don't have to answer questions, but that failing to mention something you later rely on in court may count against you. Interviews are recorded and form part of the official case file.
Your solicitor
You're entitled to free legal advice before and during questioning. Speak to your solicitor privately first — that conversation is confidential, and they'll advise whether to answer questions, stay silent, or give a prepared statement. Never be interviewed without legal representation. Answering, or "no comment"
You can answer questions, decline to comment, or have a prepared statement read out. A "no comment" interview is a recognised legal right and is not, by itself, evidence of guilt. Which approach is right depends entirely on the case — that decision is made with your solicitor, not alone.
What happens after interview
The police then take one of several routes: release with no further action, release under investigation while enquiries continue, release on bail with conditions, or refer the case to the Crown Prosecution Service for a charging decision. Not every arrest leads to a charge.
How charging decisions are made (the CPS Test)
For most serious offences, it's the CPS — not the police — who decide whether to charge. They apply a two-stage test:
-
The evidential stage — is there enough evidence for a realistic prospect of conviction?
-
The public interest stage — even where there is enough evidence, is prosecution in the public interest?
Both stages must be met. If the evidence is too weak, or prosecution isn't in the public interest, no charge follows.
Time limits and delays
Cases can move quickly or stall for months, particularly where a matter sits as "released under investigation" with no statutory time limit. Delay is one of the hardest parts of the process — but it does not mean the case has gone away, and you should keep your solicitor informed throughout.
STAGE 3 — Court Process: Magistrates' & Crown Court
Once charged, the case moves to court. Where it's heard, and how it proceeds, depends on the seriousness of the offence.
Your first appearance
All criminal cases begin in the Magistrates' Court, whatever their seriousness. For less serious matters, this is where the case is dealt with. For the most serious offences, the Magistrates' Court simply sends the case straight up to the Crown Court at this first hearing — it isn't tried there. The court will also deal with whether you're released on bail or remanded into custody. For many people this is their first time inside a courtroom: it's brief, formal, and often over quickly.
If you're already on bail
Bail granted by the police only lasts until your first court appearance. At that hearing the court decides afresh whether to continue your bail, change the conditions, or remand you into custody. How you've kept to your existing conditions matters here — breaching police bail, or being arrested again while on it, makes a remand more likely. Keep to every condition, however minor it seems.
Magistrates' Court or Crown Court
Where your case is finally heard depends on the offence:
Summary offences (less serious) stay in the Magistrates' Court, decided by magistrates or a district judge.
Indictable offences (the most serious — including many knife and violence charges) move up to the Crown Court, heard before a judge and jury.
Either-way offences can be dealt with in either court, depending on the circumstances and your choice.
Entering a plea
You'll be asked to plead guilty or not guilty. A guilty plea moves the case to sentencing, usually with credit for admitting it early. A not guilty plea means the case proceeds to trial, where the prosecution must prove it.
The trial
At trial the prosecution presents its evidence, witnesses may be called and questioned, and the defence tests that evidence and puts your case. In the Magistrates' Court the verdict is reached by magistrates or a district judge; in the Crown Court, by a jury. The burden is on the prosecution to prove guilt beyond reasonable doubt.
Legal representation
Good representation matters at every stage — challenging weak evidence, presenting mitigation, and making sure the court understands your circumstances. Legal aid may be available depending on your income and the seriousness of the charge.
Court outcomes
A case can end in acquittal, conviction, or discontinuation. Where there's a conviction, the court moves to sentencing — covered in the next stage.
Links & support
Going to Court (Full Guide) — representing yourself, court procedures, bundles, appeals, and every stage from the Magistrates' Court to the Supreme Court.
→ Access the full court guide
STAGE 4 — Sentencing & Guidelines
If convicted, the court decides the sentence. Judges and magistrates follow guidelines set by the Sentencing Council, but weigh the circumstances of each case.
How sentences are decided
The court starts from the relevant Sentencing Council guideline for the offence, then adjusts for aggravating factors (things that make it more serious) and mitigating factors (things that count in your favour — genuine remorse, early guilty plea, personal circumstances, first offence). Good mitigation, well presented, can make a real difference to the outcome.
The range of sentences
Sentences run from financial penalties through to immediate custody:
-
Fines and financial penalties — set according to the offence and your ability to pay.
-
Compensation orders — money paid to a victim for loss, damage, or injury.
-
Community orders — served in the community with requirements attached (see below) rather than in prison.
-
Suspended sentences — a prison sentence that isn't activated unless you reoffend or breach its conditions within a set period.
-
Immediate custody — a prison sentence served straight away, used for the most serious offences.
Requirements attached to community and suspended sentences
Rather than prison, the court can attach conditions you must complete, including:
-
Unpaid work ("community payback") — a set number of hours of supervised work.
-
Rehabilitation activity requirements — sessions and programmes aimed at addressing offending.
-
Curfews — being at a set address during certain hours, often electronically monitored.
Breaching any of these can bring you back to court and result in a harsher sentence, including custody.
Links & support
STAGE 5 — Custody & Imprisonment
For those sentenced to prison, this is the start of custody. The early days can feel overwhelming, but the system follows a set process, and support is available throughout.
Arriving in prison
After sentencing, you're taken from court to a prison. The first stage is reception and induction — being booked in, assessed, and shown how the prison runs. Prisons are organised into categories based on security level, and where you're held depends on your sentence and circumstances.
Daily life inside
Prison life follows a structured routine covering accommodation, meals, education, work, and association. Most prisoners can keep in contact with family through visits and phone calls, and there are opportunities to take part in education and work while inside.
Support inside
Help is available — including support services, healthcare, and mental health and wellbeing provision. No one should feel they have to cope alone, and prison staff, healthcare teams, and other services are there to turn to.
→ For a full guide to what prison is really like — reception, categories, routines, rights, visits, and release — see our dedicated Prison Page.
STAGE 6 — Release & Probation
Leaving prison is another critical transition. Release rarely means the end of the process — most people leave on licence, with conditions and supervision still in place.
Life on licence
Many prisoners are released before the end of their sentence on licence, meaning they serve the remainder in the community under set conditions. These can include reporting to probation, living at an approved address, curfews, and staying out of certain areas. Probation supervision supports your resettlement while managing any ongoing risk.
Rebuilding on the outside
The practical challenges of release — finding somewhere to live and getting back into work — are often the hardest part. Support is available to help with both, and engaging with it early makes a real difference to staying on track.
If conditions are breached
Breaching your licence conditions is serious and can lead to recall — being returned to prison to continue your sentence. Keeping to every condition, and staying in contact with probation, is the surest way to avoid that.
→ For a fuller guide — covering probation, MAPPA, curfews, exclusion zones, and recall, all explained simply — see our Leaving Prison Handbook.
JOIN THE MOVEMENT!
Get the Latest News & Updates