As we all know, just because a person is charged with a crime it does not mean that they are guilty. The principle of innocent until proven guilty still holds true and for this very reason the defendant must have rights in court.
If you believe your rights have been violated during legal proceedings, you can describe your circumstances using our free Rights Situation Checker.
The law governing defendant’s rights is in a constant state of flux, new laws are passed to combat increased crime, reduce costs of dispensing justice and fight terrorism just as they are passed to prevent miscarriages of justice.
The inclusion of the European Convention on Human Rights has only served to re-emphasise the importance of a fair trial.
Bail
If you are questioned, but not charged, the Police can release you on bail on the basis that you must come back for further questioning at a later date. If you have been charged they can still release you on bail unless:
- There is a suspicion that you have not given your correct name and address
- You are a threat to yourself or others
- You will abscond
They can also give you conditional bail citing where you must live or a curfew etc.
If the Police have kept you in custody then the Court can decide to give you bail, conditional or otherwise, and they can decide that you needed to be kept in custody if:
- You will abscond
- There is a strong possibility you will commit further offences
- You will threaten or otherwise interfere with witnesses
Representation
The rules and procedures governing the Court system are nothing short of a mystery to the majority of people, no matter how many crime dramas you watch. That is why it is always in your best interest to obtain your own legal representation. There is nothing stopping you defending yourself, in fact you have a right to do so if you wish, but the situation is likely to be emotionally charged, as well as complex, and it may be best to have someone who is not as close to the situation as you are; someone who can guide you through it all with a clear head.

Describe what has happened and find out which UK human rights protections apply and what you can do.
Try our Rights Situation Checker free, here on this site →Trial
If you plead not guilty to the charge against you the Court will set a date for your trial. You and your solicitor will then need to make arrangements for any witnesses you need to be available at that time.
When the proceedings start the Prosecution will open the proceedings and set out their case against, stating exactly how they intend to prove you guilty of the crime. You should bear in mind that that ‘Burden of Proof’ is on them, not you. They are required to prove, beyond a reasonable doubt, that you are guilty. It is not for you to prove that you are innocent.
Once the prosecution has finished setting out their case it then becomes your turn, along with your defence team, to open your case and set out all the ways in which they will prove that you are not guilty. Your witnesses and evidence will be called and only when both teams have spoken will the Jury will be allowed to consider all of the information given to them.
Sentence
If you are found guilty at trial, or if you plead guilty at the outset, the Court must then decide on a suitable sentence. They are required to take account of all mitigating factors, not just look at the crime itself. The options available to the Court range from Compensation orders to full custodial sentences.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
European Convention on Human Rights
Article 6 of the Convention clearly states that, irrespective of your supposed crime, you have the right to a fair trial. Included in the convention is the right to a public hearing along:
- Time to gather your evidence
- The right to defend yourself, or have Counsel provided for you at no cost
- The right to cross-examine the witnesses against you
- The right to have a free interpreter
In Summary
Many of the rights in the Convention where already in existence in this Country but the Convention has re-affirmed one of the most basic tenets of our legal system; fairness and justice for all.
we ened it are ourselves but now they are going to town on me saying we don't believe you've ended the relationship I have done everything they have asked of me and tried I've been bullied by the cafcass children's guardian I've even got a recording of this they've never done the job they said they were doing some beginning saying that was going to help us be together Iv been manipulated what are my human rights in this situation and my son human rights as I'm still going through the court proceedings I'm desperate for help thank you
Tracy - 12-Jul-18 @ 6:57 PM Please contact me i have simillar problem like you.Lets talk please.
Regards Kate
I was stopped for traffic offence.
I recived a citation.
Asking me to declare my plea.
Guilty or not guilty.
The wrong address is on the original horrti and on my charge sheet in my citation.
So how can I plead to the charge in question if it never took place at that location.
It is his first conviction and there might be 2 witnesses is jail time involved or is there a chance to fight it and get a section 10
my sentencing keeps getting put off, do i have the right to insist on sentance taking place
Why does the court keep adjourning the sentencing
4 times now
And why are they allowed out of the country
And why are their assets not frozen ?
Any advice on this would be deeply appreciated.
I will attend the court and explain that I have not been given the opportunity to prepare the case as evidence has not been disclosed.
Can the case collapse on this basis? Can can happen on Monday? I’m not represented because my solicitor failed to chase the crucial evidence and therefore I don’t feel the need to pay and take them when they have not prepared for the trial.
What do you think the out come considered his mental state he is not in hospital in custody in prison he has never done that before to me and I have to say it is due to manic depression which has being building up for years and I was first in the firing line
Please someone help me
Also the officer dealing with it ask me to go to the station for just “ a chat” but when i got there out me under caution recorded everything and took my DNA and fingerprints can i report the officer for that as it was more then just a “chat”?
The complaints then get ignored all to protect the judges that protect the dishonest solicitors. Now they have me heading to court injunction to gag me and its based on lies and i said adjourn it get transcripts they will win /prove case. Shock horror that is a no heaven forbid the truth gets out. Dont expect justice no more if your fight is against corrupt justice no matter how strong your case is .
Charged with an office of harassment. In is a case that is dealt with at the magistrates courts. It does carry up to 6-months custodial too. The accuser happens to be a solicitor. I pled guilty (for numerous reasons all outlined late)r.
Before the sentencing hearing, I submitted an application to change my plea.
It followed all the legal rules and more. It destroys their case in every respect including: it doesn't meet the elements of the offence, it fails the CPS evidence test and the evidence is at best false on every single line and the person has committed perjury.
The court staff however decided to 'conceal' the applications and ignore and used a pre-planned arrest warrant. They also concealed other submissions of documents and communications and seen to be 'fixing the files'.
Had they not carried out the case will have been adjourned for a hearing of the application. It is 100% certain that the case would fail. That would cause a huge problem not only for the accuser but also the court admin and the police who have helped this case to progress this far.
Once I knew that the court staff did this my wife & I fled our home but kept in contact with the courts and the police to no avail.
I was more than happy to proceed to trial but the case is so poor it should never have been brought but it is a vindictive charge in every respect. I have the complete case files.
Is this perverting the course of justice?
I know I can prove all of this but does this terminate the case?
Is there a solicitor or barrister out there that would take on this case knowing That it will effectively destroy another lawyers' career and future?
We are in a desperate situation today.
Thank you,
My son has pleaded not guilty and at his plea hearing the judge made us aware that there were some deadline dates that he needed to be aware of, the first date was the 6th November which is when the prosecution had to provide him with the evidence for the case, this date has passed and my son has been contacting his solicitor to no avail.
I have emailed his solicitor to see what happens next , but I am getting nowhere. Surely there must be a consequence for the evidence not being submitted in time
But since getting out of prison the HMRC are now saying that I owe them the money I took they won't listen. They have tried the bankruptcy threat that's been stopped now they are threatening county court action. I've got the tea scripts from the courts and I'm sending them to HMRC for them to read. Not sure if anyone has had a similar experience and what the outcome was
Would be most grateful for some feed back.
Just want to know if I need to pay this money or if the judge didn't make me pay it back at the trail by saying I didn't have to pay compensation that they can chase me for the money or not
That is
Kev
I have no previous and this charge came about due to self defence.
I am not guilty but i'm considering pleading guilty to avoid a custodial sentence. My solicitor has said i am looking at 3-5 years if found guilty!!!!!
The CPS case is based on 'a suspected fracture' and so far there has been no medical evidence!
I believe that my solicitor is not doing enough to help and I am extremely worrie that i will be misrepresented in court!
Is it possible to change my solicitor if i feel they aren't doing their job properly during trial? Maybe an adjournment to find new legal representation.
If so how would i do this?
Thank you
Thanks
Youth Justice and Criminal Evidence Act 1999 (YJCEA) on my crown Court Case .
My case doesn't involve children in any way . I was not informed of this order I found out online on a court listing.
I don't feel like I'm going to get a fair trial if orders are been made in secret my case isn't even a trial yet. What if can I do about this?.
How do I find out who has made this order ?
Thank You
My offence is gambling online emptying wife s account without her permission £20k I am now living my own in rental property
I have full time job and I never been out of work
Will all this be considered by judge giving me community service or fine or jail?
I am so scared my barrister and solicitor not giving me any clue but I said to them I can pay her back if judge gives me court order /fine paying back to my wife
That is
Unfortunately it wasn't and thus now claiming it was a loan.
The partner I have found out since then has had 50 directorships of various companies and has served time in jail and been convicted of fraud.
The court hearing was last week and I lost as the partner created a fully fabricated story for which I feel the judge sided emotionally and not with hard core evidence.
I had prepared my evidence and sent a recorded delivery of all documents to the court AND to the claimant as I'm supposed to.
But I walked into the court blind as I did not receive the claimants bundle beforehand.
The judge had received the claimant bundle and got his FULL understanding of the case based on ONLY the claimants information. How do I know this it's because the court "lost" my recorded the delivery bundle and the judge before starting the trial was asking me where my documents were. To which I showed proof of my recorded delivery and then he asked his usher to go and find it. It couldn't be found and I had to give my bundle to get it photocopied before we start for the judge to have. Obviously not ideal and irritable for the judge as tabs references etc are then hard to find.
During this photocopying time I told the judge that I haven't received the the claimants bundled and questioned where it was to which the claimant said "i sent it to your address already" but I didn't send it by recorded delivery.
So the judge asked me to use this time to read up on the clamaints chronology which was totally different to what evidence the claimant had previously said he was going to rely on as his case. So I had this whole NEW fabricated story right in front of me for which I'm supposed to defence and for which I hd had ZERO time to prepare for and obviously cannot show evidence otherwise defending the accusations in court.
All of my paper work and documentation is supporting emails and loan document for which he said he would be using in court.
He misrepresented my signature on a document and presented it to the court with his sob story.
Now my question is do I a STRONG RIGHT TO APPEAL as
1) the COURT LOST my bundle
2) The judge has seen NOTHING of mine until I've photocopied it for him in the court room for which he's obviously had no time to red and digest carefully.
3) I did not receive the claimants bundle for which my understanding are the rules
4) so my perspective technically this should have been thrown out from the offset when I said I have not received anything from the claimant.
Please reply and let me know as I de
My husband is arrested and kept in custody for the charge of Domestic violence threats to kill and rape is not found guilty and i and I have to attend the court to give evidence as a witness I want to ask what will happen in the end of the trial if my husband still found not gulity ?
Will he be released ?
Thank you for your time
I like to read up about law during my spare time incase I ever have the misfortune of being tried for something I've never done - like murder.
But I remember reading somewhere a long time ago that we have the right to see the evidence against us before entering a plea. (Whether this means before the trial or during the trial, I do no know.)
Is it a right? And if it is, is there a specific act which this would fall under? E.g. Evidence and Disclosure Act 1990 or something?
They have given him a curfew (no tag) so he needs to be home in between 10pm and 6am.
Due to this he will end up missing his cousins and bRothers wedding! Is there anything we can do? He's pleading not guilty.
My parter was convicted of conspiracy to supply class b and was sentenced to 6 years after being on trial. He has applied to appeal and I cannot seem to find an answer to this question. If the court accepted the appeal and the case went to retrial (which I would expect it to) if he was found guilty again would he have to re-start his sentence? Or would the court take into consideration how much time he has already done and deduct this from a sentence they may give him? I would be extremely grateful for your help.
Thank you
The thing that worries me is that there has been NO evidence. Only her first statement with the police years ago. She has changed the story 5 times in the last year leading up to the trial. It started off as a accidental breast touch from walking past each other to touching her more and also asking to take photos of her. There has been no evidence to back this up only her word.
A relative of hers testified on my friends behalf as the girl openly admitted in front of people that the accusation was a lie and it's pay back to my friend for refusing to buy her a expensive item of clothing! She also gave names of people who had so called witnessed these inappropriate moments however known of them said they saw or heard anything only after she told them what happened.
The jurors were equally divided 6/6 on finding him inncocent or guilty and the judge said he would take a 10/2 decision and they changed there mind to guilty. The only evidence they had was of her statement and it's frustrating because I thought they would need more evidence than relying on her word when 2 years previous to this trial she had falsely accused someone else for the same thing.
The court has also told my friend that he can not appeal the decision due to the nature of the case? I just need to know if I'm the only one who thinks something's not right about the whole thing.
Some advise would be great. Thank you!
I have being arrested a crime and I have being interview for it but I didn't say a nothing as I didn't know about it
I have being arrested again and again as police said they had a evidence which I have being bailed I have being on Bail over 6 month
Please what can I do I have being charge or nothing and the day I'm goin back to police will be 9 months
I have been convicted of a crime I didn't commit.
The conviction was arson with intent to destroy property.
The hard only evidence is my DNA on a cigarette used to make a 1 inch burn mark on a doormat.
I don't deny the DNA match, but the court didn't help me to obtain evidence that would help my case.
I couldn't afford legal aid and had no choice but to defend myself I court.
I haven't been sentenced yet and need to know if there is anything like an Alford Plea in England.
Where you plead guilty because the proccecution have enough evidence to
Prove the case beyond reasonable doubt. But still claim to be innocent.
Also should I appeal the majority guilty verdict.
Any help would be appreciated
Please help us. our problems started with Norfolk social services
I'm due to be sentenced tomorrow for fraud and theft. I have bipolar and this was done while in a manic phase although this is not an excuse I need to take responsibility for my action.
I have just seen my medical report which is incorrect it's giving information from the beginning of 2015 rather than this year which gives my full diagnosis and correct information.
Am I wrong for thinking it's wrong not to put the most up to date information? Is there anything I can do? Will the judge sentence me with just the old information?
I spoke with a doctor today that stated it was done in a rush.
Thank
We clashed as he was so close to me and that was it.
A month later I got a call from a police office to say he needed to interview me about assault. Another month after the interview he asked me to come back as he needed to take pictures and prints, handed me two sheets of paper and told me I had to go to court. Never said I'm being charged, I had to read that for myself. No official charge from an officer whatsoever.
I'm due in court tomorrow to plee, obviously I will be going not guilty but upon speaking to a couple of solicitors the fees are crazy and I can't afford to pay them at this moment in time.
If I represent myself will I be able to see the evidence before I make my plee?
Thank you anticipated.
The charge read ( BETWEEN 01/06/2014 & 06/06/2014 AT STOCKPORT IN THE COUNTY OF GREATER MANCHESTER ACCQUIRED CRIMINAL PROPERTY, NAMELY CASH TO THE VALUE OF £15,112.74 )
Could I be prosecuted for another £1,000 their alleging on 17/06/2014 because its not in the above date. the £15,112.74 according to the cps paper work we just received their is no evidence been submitted, and its all circumstantial.
would this get thrown out if no evidence appears?
I was immediately assumed to be the assailant, the police questioning was extremely biased and my duty solicitor informed me I should put in a complaint against the copper and plead self defence.
I was later informed by the sarfeant in charge of the complaint that this incident should never have gone this far and restorative justice should've been applied.
Alas it went to magistrates court where instead of the prosecution having to prove my guilt it clearly felt that I had to prove my innocence.
The other party had a witness whom it later materialised wasn't totally independent when they arrived together. Despite that there stories were very contradictory and I felt only backed up my side of the actual events that took place.
Sadly I was found guilty as the magistrates stated the witness stories (despite contradicting each other) were credible. All of my medical evidence was completely dismissed.
I'm absolutely dumbfounded and gutted and very concerned that if I take it further the consequences could be even worse but I also think that a crown court judge will be far more experienced in these matters and more understanding of the 'innocent until proven guilty' law.
What should I do?
Thank you in advance.
1) For this case to be heard
2) To get a resolve
Unfortunately, we didn't get the suspended sentence we were hoping for,can we appeal or ask for a retrial?
Her request to have the trail moved closer has been denied how will she get to London everyday at a cost of £160.00 per day by train as this is her only means her total weekly income is £240.00
Can you please advice as she is terrified she will be remanded as she knows she will not be able to get there .She has explained all this to the courts but it seems it has made no difference Thank you
We went to court and jury reached not guilty decision in 5 mins judge said it shouldn't have got that far .
My sister who's daughter it was keeps shouting her mouth off to all , recently my father died and she disrespected his funeral by shouting obscenities is this slander . Can we get an injunction .
My husband recently absconded from an open prison for 12hrs before he realised it was stupid and handed himself in. He has been told to say no comment upon returning and at his hearing. What sort of sentence is he likely to get added on (I know 6mths is the maximum), but does it help that he handed himself in and was only gone for a few hours? Also, can they make him serve longer than his original custodial sentence...he originally got 36mths and was serving 18mths custodially.
Thanks in advance,
BillyP
I might get 4 years in prison for a crime I didn't commit my trial is in 2 weeks. How can I live under a state which claims to live under the rule of law yet threaten to imprison a twenty year old and ruin his life?
Why is it so easy to stereotype certain sections of the community. The arresting officers on tape said "if it looks like a duck then it must be a duck".
I've been having nightmares and been having a really tough year because of this threat to imprison me for a crime I did not commit. It was just a drunken fight!!
He is due for sentencing next month. Would there be any thing he could do to change his plea?
As i would like to help him with good legal representation.
Many thanks, hope somebody can help?
She has autism and a learning difficulty which the hospital trys to put down as psychotic disorder to justify giving her anti psychotic drugs. They refuse to discharge her from the hospital despite her family offering to support her and get her help in the community. She has only biten once in 2 years of being in hospital again this was when someone beat her up on the ward in view of the staff.
They say she is a danger to the public as she doesnt understand the consquences of her actions. This is common with people with autism. They believe despite it never happening that she Might bite someone in the community if provoked! And they want her to learn reasoning and why it is wrong to bite people.
She has been abused whilst hospitalised and are not catering for her needs with regards to her autism. How can we get her out under the human rights act.
I'm really worried about everything and I can't stop thinking about everything that's happened since I've grown up being mentally and physically abused by my paternal grandmother and now this
Will it ever get better and what will I expect if I do have to go to court?
With no recourse then after they take all your money after you sit in jail for months with no opiate or anti-anxiety medications. You are tried in handcuffs and footcuffs and if guilty a 3year sentence with 5 more years of probation.
In the US :
Whites (Non-Latinos) 3:100 in jail now
20:100 jailed at sometime
30%(30:100)arrested
Over 95% fined
Blacks (Non-Latinos) 7:100 in jail now
35:100 jailed somtime
53% 53:100. arrested
82% fined
Telephone call from a payphone (I didn't I was at home) there was no fingerprints, no DNA no forensics or CCTV yet I spent 9 and a half weeks in prison it cost me work I nearly lost my flat the case against me was brought by a former friend it was a lie it was a malicious prosecution but it all changed when we applied for the case to be dismissed and the judge ordered to speak to this family who had been issuing threats to me and the case was adjourned now 4 days before I'm due back in court the C.P.S have now decided to drop the case against me my question is am I entitled to compensation ?
After not guilty at crown court
Thank you
Andrew Mac Nicol
What worries me is, should I try and remember every offence and tell the police, or just let them put those that actually got given a crime number, on the list?
Also, although these offences are the only time I have committed criminal damage, I have previous, quite recent, convictions for shoplifting and possession of a class B drug. In fact I'm still under a conditional discharge order for the shoplifting.
I don't expect to 'get off' without some sort of punishment but considering that I have also been diagnosed as having mental health problems, I won't actually be sent to prison, will I?
Then a few months later she attack me again so I had to defend my self by holding a chair she came at me and got a bruise some how and called the police they came out and arrested me put me in a cell and I got taken to court and I was put on bail.
The court gave me bail conditions but no paper to say what these are I had never been in any trouble like this before I only been to court once for being drunk after a party.
When I was near the place I live with my partner she had called me and said sorry come home so I did but not knowing that I had broke the bail conditions after 10 days my partner had run out of her canabis she is a regal user she started takeing out on me she had erased all the messages for my phone then called the police saying I was threating her the police came out and arrested me again I got put in prison for braking my bail on my court day she never stood trial and that was it.
I complained to the police about all what has been going on the police said you should of just said you done it and would of got a caution so they were asking me to lie yet canabis is agenst the law and makes ppl lie and go crazy but they never cared.
I asked to see how the investigation was carried out but they wouldn't give me any information so I asked did they give the photo to forensic they said no so apart from putting me in prison and arresting me one off the cops was really really rough I took photos when this took place I asked to meet with them and they said I was arested for breaching the peace on my appeal complaint they said they aressted me for preventing breach of peace when I was not no were near I shouldn't of been if they had done forensic the truth would of come out but they would rather waist tax payers money or want me to lie every one has to live and have human rights but not in England it make me think how many ppl are in jail for some thing they had never done and ppl who have been inside like this my do stupider things so the police are not making England a safe place to live and wasting taxs payers money and blacks and Asians and foreigners are getting accused of all sorts.
Does it make sense? he was living with my daughter, how can he find a place to live at the same time?
Do I need an attorney?
I was sentenced on 3/12/11 BUT prior to this date i was on bail for three and a half years having been arrested in the Oct 2008 . This long length of bail was more of a sentence than the sentence its self, in fact it was a massive relief when I actually found out what my sentence was and i could start counting down the days to my release.
The actual bail was a horrendous process .I had numerous court visits to a county court that took a year and then they passed it on to a crown court. It seemed the police were very slow in accumulating their evidence and processing the case.
The impact on my life has taken its toll on family, friends and myself. I lost my income, lost my property, went bankrupt and couldnt get any meaningful work over my bailed term. Mentally its taken its toll as well although i havent talked to anyone about how i feel inside.
Anyway I wanted to know, after the recent press on this issue whether i have any human rights and whether it was worth pursuing compensation ?
I was tried and her statement was believed over mine. Now I will be sentenced, and do not have a criminal record, and have never been in trouble with the police before.
Is it still possible that I can be discharged at the sentence hearing.
Accompanied by George Allman from Mackesys Crime solicitors who had his own opinion on my case and didn't go on my facts of what I said. I do hope I am innocent till proven guilty because I am intending to defend myself.
My concern is that public money is wasted by the CPS prosecuting 3 texts that are non violent, non threatening and not abusive. Police and judges time and solicitors time? Should the ex husband be asked to pay for it?He is £1,500 richer by contributing nothing to the daughters 18th birthday!Merseyside police don't levy a charge of harrasment until it can be proved that the complainant has made every effort to prevent the harrassing behaviour by blocking texts, phone calls and emails!
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