Question 1

Will I go to prison for a serious criminal offence?

Accepted Answer

This depends on so many factors that it is difficult to say with certainty. The most important of these is what the offence is. Other factors include your age at the time, whether you pleaded guilty or pleaded not guilty and lost a trial, whether there was an allegation of planning, how many offences or over what period of time offending took place, any loss or suffering caused by anyone else, and whether they were vulnerable. This is not a complete list and if this affects you then you need to take proper advice from a criminal solicitor specialising in serious cases.

Question 2

Will they charge family members if I am charged with a serious criminal offence?

Accepted Answer

It is true that the CPS sometimes charge family members in serious cases alongside a person they have greater interest in. This is common in drug supply cases, and also sometimes happens in fraud and financial crime cases. Occasionally it happens in much more serious cases such as murder. In some cases it is because prosecutors and police genuinely think that they will obtain a conviction. Sadly this technique is also often used as leverage to try to force the main person they want to plead guilty in exchange for the family member being let go or receiving a more lenient sentence.

Question 3

Will my name be published in the newspaper or on the internet if I am convicted of a criminal offence?

Accepted Answer

While there are not many protections giving an adult the right to be anonymous if convicted at court, the truth is that not all cases attract the interest of the press. Where the press do publish names of defendants, in some cases they will be persuaded to delete articles from websites. Internet search engines such as Google also have a mechanism to erase personal data after a period of time under the 'right to erasure' principle.

Question 4

Will I be charged if I am accused of a serious crime?

Accepted Answer

Where a serious crime is alleged against an adult, whether a case gets to court usually depends on the strength of the evidence, rather than any mitigating features. A serious crime will usually be regarded as in the public interest to prosecute, but only if the evidence is strong enough that a conviction after a trial is a 'realistic prospect'. This might mean where there is eyewitness evidence, a money trail, or forensic evidence of some kind. Each case turns on its own facts, however, and the suggestion must be to consult a criminal defence lawyer dealing in serious cases for advice.

Question 5

How long will it take for a serious criminal case to reach the end?

Accepted Answer

Serious criminal cases often take a long time to reach the end of the police investigation, and if the CPS decide to continue to court it can take many months after that for the case to reach trial. Generally, cases where fraud is alleged take the longest and can be years before they are concluded. Cases where serious violence is alleged are generally quicker, and in many cases are finished within perhaps several months or up to a year of the incident occurring.

Question 6

Will I get Legal Aid at the police station for a serious criminal case?

Accepted Answer

During the police investigation, everyone is entitled to Legal Aid to have a legal representative attend at the police station and advise them. This government payment is a token fixed fee of usually a little less than £200 and is supposed to cover attendance for the hours spent at the police station and advice and follow up during the bail period, including further interviews. There is a provision for further small payments if the case results in long interviews, but the limits for these to kick in are not usually reached. The reality is that most law firms do these cases at a loss on the basis that some be charged and will reach court where they will receive more fees. The funding is obviously inadequate in many cases, and an accused person should consider whether he or she should be looking at funding a case privately, which may be a better option.

Question 7

Will I get Legal Aid if I am charged with a serious criminal offence?

Accepted Answer

Legal Aid in the Crown Court is means-tested. If your disposable income (combined with your spouse or partner) is more than £37,500 per year, you will have to pay a contribution towards your Legal Aid up to a maximum of around £6000. If you then lose the case or are found guilty, you may have to pay back Legal Aid costs to the total value of your legal representation, and this case go far in excess of the £6000 maximum contribution you may have paid.

All of this means that Legal Aid in the Crown Court, although it is often necessary, is something that you should rely upon only if you fully understand the potential consequences, and are comfortable with them. Crown Court Legal Aid comes with serious strings attached, and for this reason, many defendants choose to be represented privately.

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