Guidance

Adult defendants: When you go to court and want to say you're not guilty

Updated 20 August 2021

Applies to England and Wales

© Crown copyright 2021

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This publication is available at https://www.gov.uk/government/publications/pleading-not-guilty-in-court/adult-defendants-when-you-go-to-court-and-want-to-say-youre-not-guilty

Speaking to a lawyer

Before the court hearing date speak to a lawyer straight away.

You can find a lawyer by:

An advice agency like Citizens Advice might also be able to help you find a lawyer.

How a lawyer can help you

The lawyer will see if you can get legal aid. You will normally get this. If the court agrees, it means you will not have to pay money to the lawyer.

The lawyer can give you advice about whether you are guilty or not guilty of the offence.

The lawyer will represent you in court. This means they will talk to the court for you.

You need to tell the lawyer everything that happened. They are there to help.

You need to give the lawyer all the information you have about your case. They will keep everything you say secret unless you agree for the court to be told.

How the lawyer protects your right to privacy in court

Everything that is said between you and your lawyer is private and can only be shared with your permission.

But a lawyer is not allowed to mislead the court or tell the court something which they know is untrue.

Your lawyer will need to share details of the defence with the court to prepare for the next hearing. The lawyer will need your permission to do this.

What happens when you tell the court you’re not guilty

Your lawyer, the prosecutor and the court normally need to complete the form preparation for trial in a magistrates’ court.

The court needs to understand why you say you are not guilty and decide what will happen at the trial.

The court will normally tell you when and where you must come to court for your trial.

Information your lawyer needs

Your lawyer will need to talk to you about your case before the trial, so need to tell them:

  • where you live
  • your telephone number
  • email if you have one

Your lawyer needs to know everything about your case, such as:

1) What happened in your case?

2) Why do you say you are not guilty? This is what you say happened.

3) If you have any witnesses. These are people who saw what happened or are able to tell the court about you. You need to tell your lawyer (if you know this), their name, where they live, date of birth, phone number and if they speak another language. You might not know all of this but tell your lawyer what you can.

If you do not tell your lawyer something

Your lawyer might not be able to help you.

If you do not tell the lawyer about a witness or some evidence straight away the court might decide to have the trial without that evidence or that witness. The court might decide your trial will take place another day. You might have to pay money to the court for the wasted time.

If you forget to tell your lawyer something, tell your lawyer as soon as you remember.

If something changes, tell your lawyer straight away.

What happens when the court decides the trial date

The court will tell you the date, time and place for the trial. You need to make sure you arrive about 30 minutes before the hearing time. You may have to wait.

Your lawyer might need to talk to you before the trial. Make sure they have your telephone number. If your telephone number changes you need to tell your lawyer.

You must come to court for your trial. If you cannot come, for example as you are unwell or there is an emergency, you must tell your lawyer and the court straight away. This must be for a reason you cannot help.

If you do not come to court:

  • your lawyer may not be able to talk to the court for you
  • the court might decide if you are guilty or not guilty without you
  • you might be arrested by the police
  • the court might later decide that you had no good reason for not coming - the court can punish you for this

Further information about going to court

These leaflets explain what happens when you go to court and some of the words you may hear in court:

They are also available at your local court.

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