The way in which the courts and their sentencing work will differ depending on how you plead to the allegation against you. In this article, we explain what happens if you plead guilty, versus what happens if you plead not guilty, as well as the impact of originally pleading not guilty and then being found otherwise.
It is paramount that you seek legal advice when accused of committing a crime of any level of severity. This way, you can work with your solicitor to prepare a defence that works towards the best possible solution for you. Read on to see what happens whether you plead guilty or not guilty.
Pleading Guilty
What does pleading guilty mean?
Simply put, a guilty plea means that you accept that you committed the offence you are being tried for.
What happens after you plead guilty to an offence?
Pleading guilty in court allows sentencing to take place without the need for a trial or to hear evidence from witnesses. The court will hear from your defence solicitor and the prosecution team to determine the extent of the sentencing.
Before you go to court, you will discuss with your solicitor what the best possible course of action will be and they will fight your corner to come to a sentence that they believe is fair.
If you enter a guilty plea, you will be eligible for a reduction in your sentence. The maximum reduction is one-third of the sentence, but this is only available if defendants enter a guilty plea at their first court hearing. Entering a guilty plea at a later stage will still receive a reduction, but on a sliding scale relative to the stage it has been entered.
What happens if you plead guilty in the Magistrates’ Court?
If you plead guilty in the Magistrates’ Court, the magistrates will either issue a sentence immediately or adjourn the proceedings while a pre-sentence report is prepared (the report helps the court determine sentencing options).
Either way, the magistrates can issue prison sentences of up to six months for one offence, or 12 months for multiple offences. They can impose suspended sentences between six months and two years, along with community orders, fines, conditional discharges, ASBOs, and disqualifications.
Sentencing rules can be reassessed and changed over time, such as assaults on emergency workers, which can now be escalated to the Crown Court if deemed to have such severity.
What happens if you plead guilty in the Crown Court?
All cases start in the Magistrates’ Court. If you plead guilty but the offence is too serious for the magistrates then it will be passed to the Crown Court for a sentencing hearing.
It’s worth noting a defendant cannot enter a plea for indictable-only offences (the most serious criminal cases, such as grievous bodily harm) in the Magistrates’ Court, although they will be asked about their intended plea before the case is passed over to the Crown Court.
Can you plead guilty and not be convicted?
No, if you plead guilty to a criminal offence then you accept that you are responsible. You will then be convicted of committing the offence and you will be issued an appropriate sentence.
Pleading Not Guilty
What does pleading not guilty mean?
A not guilty plea means that you do not accept responsibility for the charge against you. With a not guilty plea, you deny that you committed the alleged offence, or you believe you had a reasonable excuse for doing so.
What happens if I plead not guilty?
First and foremost, if you intend to plead not guilty, it is of the utmost importance that you seek legal guidance at the earliest opportunity to prepare a robust defence with your solicitor before going to trial. Some key considerations when preparing a defence are:
- The severity of the charge against you
- What the police need to prove
- What might happen if you are found guilty in court
Once you plead not guilty at the Magistrates’ Court, the case will proceed to a criminal trial. Witnesses will be invited to tell their version of events, and then the court will decide if you are guilty or not.
Should your trial be escalated to the Crown Court, a jury will be presented with evidence and witness testimonies before deciding whether they believe you to be guilty or not guilty of the alleged offence.
If you are found not guilty, you are free to go. If you are found guilty, you will be sentenced accordingly.
When found guilty after entering a not guilty plea, the sentence can often be worse than having pleaded guilty from the start. So it is crucial to have a legal expert by your side throughout.
Expert Criminal Defence
Knowing that you have the best possible criminal defence will ensure that you are prepared for what plays out in court, to some extent. Being open and thorough when explaining your situation to your solicitor can be so helpful in terms of understanding the allegations and finding a way to defend them in court.
Even if you plan to plead guilty, you will need a solicitor to help negotiate a reasonable punishment in line with the severity of the offence.
At Slater Heelis, no matter the alleged offence, we do not make assumptions about you or your behaviour. We are on your side and will do all that we can to fight for a suitable outcome.
From the moment you hear from the police, we can be with you, and guide you through the whole process. All you need to do is call, and we will see what we can do for you.
Fill in your details in our confidential contact form, or call us on for further guidance.