The Complete Guide to Criminal Defence in the UK

Introduction

Facing a criminal allegation in the UK can be life-altering. Whether you’ve been arrested for a minor offence or charged with a serious crime, navigating the legal system can be overwhelming and intimidating. This guide is designed to demystify the criminal defence process, offer expert insight, and help individuals and families understand what to expect.

If you’re searching for criminal defence solicitors in Brighton or need criminal defence lawyers in London, this comprehensive overview will guide you through the stages of a criminal case, your rights, and the steps to protect your future.

What does a Criminal Defence Solicitor do?

• Advises you on your legal rights at the police station
• Represents you during police interviews
• Reviews evidence and builds a defence strategy
• Negotiates with the Crown Prosecution Service (CPS)
• Represents you in court proceedings

Why early legal advice matters

Early involvement by a criminal defence solicitor can dramatically impact how a case progresses. Timely legal guidance may lead to:

• No further action being taken
• Charges being dropped
• A more favourable outcome if prosecuted

What are the stages of a criminal case in England and Wales?

Understanding the process from start to finish can reduce anxiety and help you feel more in control.

1. Investigation and Arrest

Police investigations may begin long before any arrest is made. If you are arrested, you have the right to free legal advice.

• You may be interviewed under caution (PACE interview)
• It’s essential to have a solicitor present

2. Police Station Representation

You have a right to free legal advice at the police station, regardless of income. However, you may choose to pay for the most senior and experienced lawyers.  Our team of criminal defence solicitors in Brighton and across the UK offers support when you need it most.

3. Charging Decision

In most cases, the Police consult the CPS to decide whether to charge. Decisions are based on:

• Whether there is enough evidence for a realistic prospect of conviction
• Whether prosecution is in the public interest

4. Court Proceedings

Depending on the seriousness, your case may be heard in:

• Magistrates’ Court (less serious or preliminary hearings)
• Crown Court (serious offences like GBH or sexual assault)

How are different types of offences defended?

Old Bailey Solicitors offers expert defence across a broad spectrum of criminal allegations. Here’s how we approach each area:

Sexual Offences

• Rape and sexual assault, including historical allegations
• Indecent images charges (possession or distribution)
• Grooming, voyeurism, sexual communication with a child

Read more – https://www.oblaw.co.uk/sexual-offences-solicitors/

Rape Allegations

Rape is one of the most serious allegations a person can face. Our sexual offence solicitors Brighton provide clear-headed, supportive representation while vigorously challenging flawed or false accusations.

We often defend cases involving:

• Historic allegations
• Disputed consent
• Allegations between known parties or after social contact

We frequently instruct:

• DNA and toxicology experts
• Mobile phone analysts
• Independent investigators

Read more – https://www.oblaw.co.uk/rape-allegation-defence-solicitors/

Indecent Images Offences

These offences include:

• Possession, making, or distributing indecent images of children
• Allegations often arise through police “cyber sweeps” or sting operations

Our defence work includes:

• Challenging evidence of knowledge or intent
• Examining shared-device issues
• Negotiating to avoid custodial sentencing

We understand the reputational, professional and personal impact of these cases and act with discretion and speed

Read more – https://www.oblaw.co.uk/indecent-images/

Online Grooming

A rapidly growing area of law, online grooming includes:

• Sexual communication with a child
• Arranging to meet minors for sexual purposes

The law is strict, but defences may include:

• Mistaken identity
• Lack of intent
• Fantasy role-play

We act swiftly to preserve digital evidence and challenge sting operations conducted by “paedophile hunter” groups.

Read more – https://www.oblaw.co.uk/online-grooming-solicitor/

Voyeurism

Voyeurism charges usually involve:

• Secret filming or recording of private acts
• Using equipment to observe someone without consent

We explore:

• Whether the act was intentional
• Whether the alleged victim had a reasonable expectation of privacy
• Issues of mental health or compulsion

These cases are highly sensitive and require discreet, nuanced legal support.

Read more – https://www.oblaw.co.uk/voyeurism/

Violent Offences

• Murder, attempted murder, manslaughter
• Common assault, assault by beating, battery, actual bodily harm (ABH), grievous bodily harm (GBH, Sections 18 & 20)
• Affray, domestic violence

Defences involve:

• Our experienced team scrutinise evidence, challenge intent, and explore defences such as self-defence.

Read more – https://www.oblaw.co.uk/violent-offence-criminal-defence-solicitors/

Common Assault and Battery

These are among the most frequently charged violent offences.

• Common assault refers to causing someone to fear immediate violence.
• Battery involves actual unlawful force, even minimal physical contact.

Defences involve:

• Lack of intent
• Consent (in limited circumstances)
• Self-defence or defence of another

Our solicitors analyse all available evidence, including CCTV, witness statements and medical records, to dismantle weak or exaggerated claims.

Read more – https://www.oblaw.co.uk/common-assault-battery/

Assault by Beating

This charge refers to a physical assault where some degree of force has been used.

Examples include slapping, pushing, or punching – even if no injury is visible.

Our team:

• Challenges inconsistent witness evidence
• Secures body-worn camera footage
• Considers mental health, provocation, or lawful force arguments

If you’re facing an assault by beating charge, early legal advice is crucial.

Read more – https://www.oblaw.co.uk/assault-by-beating/

Grievous Bodily Harm (GBH)

GBH charges under Section 18 (with intent) or Section 20 (reckless) of the Offences Against the Person Act 1861 carry serious penalties.

We regularly defend clients accused of causing serious injuries, including:

• Fractures
• Wounding with or without weapons
• Group assaults

We work with forensic experts and medical consultants to contest prosecution claims and demonstrate mitigating factors.

Read more – https://www.oblaw.co.uk/grievous-bodily-harm-gbh/

Affray

Affray is a public order offence involving threatening behaviour likely to cause fear to others.

It’s often charged after:

• Street fights
• Pub brawls
• Group confrontations

We explore:

• Whether violence was truly “likely”
• Whether you were acting in self-defence
• CCTV and witness reliability

Read more – https://www.oblaw.co.uk/affray/

Fraud & Financial Crime

• Corporate and individual fraud, insider trading, benefit fraud
• Money laundering, bribery, tax evasion, MTIC/VAT, confiscation/POCA proceedings
• We deliver meticulous case planning, expert forensic analysis, and regular strategic updates.

Read more – https://www.oblaw.co.uk/fraud-financial-crime-solicitors/

Drug Offences

• From possession and supply to complex importation and conspiracy cases
• Defence includes challenging searches, substance identification, and intent.

Read more – https://www.oblaw.co.uk/drug-offences-solicitor/

Motoring Offences

• Drink/drug driving, dangerous driving, causing death, speeding, disqualification
• We instruct crash scene experts to comment on issues such as mechanical failure and / or causation
• We advise early on mitigation, negotiate special reasons hearings, and represent in court.

Read more – https://www.oblaw.co.uk/motoring-offences/

MHRA & Regulatory Offences

• Violations under the Medicines Act 1968, including illegal sale or supply of medicines
• Representation at interviews under caution
• Defence in court.

Read more – https://www.oblaw.co.uk/mhra-offences/

Health & Safety Offences

• Serious breaches that may trigger investigations by the HSE, prosecutions, or corporate penalties
• We act early to reduce reputational harm and financial/life-changing consequences.

Read more – https://www.oblaw.co.uk/health-safety-offences/

Domestic Violence & Public Order

• Allegations such as domestic abuse, public disorder, harassment, and affray
• We handle sensitive family issues and challenge evidence of intent or false allegations.

Read more – https://www.oblaw.co.uk/domestic-violence/

Other Specialist Areas

• Kidnapping and false imprisonment
• Firearms and offensive weapons
• Robbery & armed robbery
• Conspiracy
• Environmental offences
• Terrorism
• POCA ancillary matters

Each area benefits from tailored expertise, strategic case assessment, and access to barristers and expert witnesses.

Sentencing

What are Sentencing Guidelines?

Sentencing Guidelines provide a structured and transparent approach to the sentencing of offenders. The Sentencing Guidelines are established by the Sentencing Council for England and Wales, which was created to help ensure fairness and consistency in sentencing. The Sentencing Code states that Judges and Magistrates must follow the guidelines unless it is not ‘in the interests of justice’ to do so. The Sentencing Council’s role in reviewing and updating these guidelines ensures that they remain aligned with contemporary social and legal standards. These guidelines aim to provide consistency and fairness in sentencing, ensuring that similar offences are punished similarly and that the punishment fits the severity of the crime and the circumstances surrounding it.

What Sentence Will I Get?

If you are convicted of a criminal offence, the court will consider the most appropriate sentence to impose.  What is appropriate will depend on a number of factors, including the seriousness of the offence, what plea you entered, your personal circumstances and whether the case calls for punishment, deterrent or rehabilitation or a combination of all three.

In most cases, the options for the court, in ascending order of seriousness, are as follows:

Absolute Discharge

This means that the court is not going to punish the offender at all.  Unsurprisingly, this sentence is very rare.  It is only used if there is something about the case which means that the court does not think that the offence committed deserves a punishment.  Where an Absolute Discharge is made, the offender does not have to refer to what has happened as a “conviction” at all.

Conditional Discharge

This means that the court is not going to impose a punishment immediately but if any further offence was to be committed during a period of time stated by the court, then the court could sentence the offender again for the original offence as well as the new offence.  If no further offence is committed within the relevant period, then there is no punishment.  Where a Conditional Discharge is made, the offender does not have to refer to what has happened as a “conviction” unless they come back before the court for breach.

Financial Penalty

The level of a “fine“ has to be related to the offender’s ability to pay.  Guidelines say that any fine should be capable of being paid off within about a year.  If the fine is not paid, the court can take out enforcement proceedings and the offender could ultimately be sent to prison.  The Court will usually impose a Collection Order which gives the offender a period of time (say, 14 days) to pay the fine in full.  However, provided the offender makes contact with the Court Fines Enforcement Officer within 14 days then he or she may be able to negotiate payment by instalments over a longer period.

Community Orders

Community Orders are imposed when an offence is deemed serious enough for more than a fine, but not so serious that custody is required. A Probation Officer usually recommends suitable requirements, which the court can combine depending on the case.

1.        Rehabilitation Activity Requirement (RAR) Days

The offender must report to probation for a set number of days to address behaviour, such as anger management or employment issues. Breach can lead to re-sentencing, including prison.

2.        Unpaid Work Requirement

Offenders complete 40–300 hours of unpaid work. Hours are arranged around employment and may involve up to four days a week for the unemployed. Breaches can result in extra hours, fines, or imprisonment.

3.        Drug Rehabilitation Requirement (DRR)

Aimed at offenders with serious drug problems, usually involving class A drugs. It requires counselling, regular testing, and court reviews. Breach almost always results in custody. Often imposed with RAR days.

4.        Curfew Requirement

Similar to house arrest, offenders must remain indoors during specified hours, monitored by an electronic tag. Orders can last up to six months, with curfews of 2–12 hours daily.

5.        Sex Offender’s Treatment Programme (Horizon)

Offenders convicted of certain sexual offences may be required to attend this programme.  The court will specify how many sessions need to be attended.  Sessions usually involve groupwork activity.

There are various other programmes that can be imposed as a requirement attached to a Community Order.  These include anger management programmes, alcohol treatment requirements, mental health treatment requirements and programmes designed to tackle domestic violence (for example, the Building Better Relationships programme).

Imprisonment

A sentence of imprisonment can be immediate or suspended.  Release on Licence or HDC

It is unlikely that an offender would have to serve the whole term of any sentence in prison.  It is usually the case that the offender serves approximately half (currently 40%) the sentence in custody before being released on licence. For offenders up to 4 years in length, the offender may be released before the halfway point on Home Detention Curfew (‘HDC’ or ‘tagging’).  HDC means that the offender is released earlier than if they were simply released on licence, but the offender has to abide by a curfew at a fixed address.  To ensure that the curfew is kept, the offender is given an electronic monitoring device (a ‘tag’) so that the authorities can check that the offender is at the correct address when they are supposed to be.  This is done through the telephone system.  Release on HDC is at the discretion of the Prison Governor.

If you were to be sent to prison, we would tell you how long you would be likely to spend in prison before being released.

If an offence is committed by an offender whilst on licence, if the terms of any such licence are breached or if an offender breaks the rules of the tagging scheme, then the offender could, and probably would, be recalled back to prison. Some minor breaches may be dealt with by way of a 28-day recall.  However, more serious or persistent breaches will result in a full recall.  The decision to recall can be challenged and the position will be reviewed by the Parole Board.  In those circumstances, we would suggest that the offender seeks legal advice from a prison law specialist.

Offenders sentenced to a custodial sentence of twelve months or less will serve half the custodial term but will then remain on post sentence supervision for a minimum of twelve months.  In other words, even a prison sentence of two weeks will result in a twelve-month licence period in the community.

Suspended Sentence Orders

If the court decides to suspend the prison sentence, then it imposes a Suspended Sentence Order.  As well as setting out the length of time that would have to be served and the length of time that the sentence is suspended for, the court may also impose one or more community-based requirements (see above).  This means that failure to comply with the requirement(s) may result in the offender having to serve all or part of the prison term.  Equally, the commission of a further offence during the suspended period will usually result in the activation of the suspended term of imprisonment (in full or in part).

A suspended sentence order can only be made in respect of prison sentences up to and including two years in length.  Also, the sentence can only be suspended for a period of up to two years.

Life Sentences, Indeterminate imprisonment and Extended Sentences

In certain circumstances, the Crown Court may consider imposing a life sentence or an extended sentence.  These sentences are reserved for the most serious offences and for offenders that are considered to pose “a significant risk of serious harm to members of the public occasioned by the commission of further specified offences by the offender”.  A life sentence will involve the court setting out the tariff or minimum term of imprisonment that must be served before release can be considered by the Parole Board.  In theory, an offender could remain in prison for the rest of their lives.  In practice, that is incredibly rare and unlikely.

More commonly, a judge may impose an Extended Determinate Sentence.  In these circumstances, the judge will impose the appropriate custodial term for the offence and then extend the licence period that must be served in the community.  In these cases, the offender is not released at the halfway mark of the custodial term.  Instead, they are eligible for release at the two thirds point when the Parole Board will consider release.

What are custodial sentences?

Custodial sentences can be categorised into distinct types, each serving a particular purpose within the framework of criminal justice.

• Fixed-term (often known as determinate) sentences – This is the most common type of custodial sentence. A specific number of years or months in prison, which is the maximum period of time that the offender serves in prison. They may not serve the entire sentence and may be released on parole after a period of time. When a person is released depends upon the length of the sentence, the type of offence for which it was imposed and the date on which it was imposed. For example, offenders sentenced to up to four years imprisonment may be released on licence after having served 40% of their sentence in prison (for most offences from September 2024) or after serving half of the sentence in prison. Offenders sentenced to four years or more for certain violent or sexual offences, may not be eligible for consideration for release until they have served two thirds of their sentence.
• Indeterminate sentences – This is a sentence with no fixed end date, such as life imprisonment, but with a minimum term known as a ‘tariff’. The offender may only be considered for release once the tariff has been served.
• Life sentences – In cases of very serious crimes, like murder, a life sentence may be imposed. This means the offender will be incarcerated for the remainder of their life, though they may become eligible to apply for parole after serving a minimum term (often referred to as the ‘tariff’) unless the Judge has made a whole life order, in which case the offender is required to spend the remainder of their life in prison.

How to Choose the Right Criminal Defence Lawyer

When your liberty, relationships and reputation are at stake, choosing the right solicitor can make all the difference.

What to look for:

• Expertise in the relevant offence
• Legal Aid and private client options
• 24/7 availability
• Local and national reach

Old Bailey Solicitors has a strong presence in both Brighton and London. Whether you need GBH solicitors in London or criminal defence solicitors in Brighton, we offer tailored support at every stage.

Conclusion

The UK criminal justice system is complex, but you don’t have to face it alone. Whether you’re facing an assault by beating charge, need advice from sexual offence solicitors Brighton, or require seasoned criminal defence lawyers in London, Old Bailey Solicitors is here to help.

Our team of expert solicitors provides strategic, compassionate representation from first arrest to final verdict.

Contact Old Bailey Solicitors for immediate advice and representation.