What are your rights?

If you do come into contact with the criminal justice system either as the result of being arrested, charged or having received a summons to attend court, then you should first seriously consider obtaining legal advice from a solicitor or other legal advisor. It is important that you tell police if you wish to do this, as legal aid may be available to help you. A legal representative will advise you of your rights at all stages in the criminal justice process. Your rights will vary depending on how you have come into contact with the system.

If you receive a summons, then, subject to the comments below, you should attend court at the location and date written on the summons. The offence you are accused of is also set out in detail on the front of the summons.

For certain offences (mainly those where a prison sentence may be imposed), you must attend court in person. In other cases you may be able to plead guilty by post or instruct a solicitor to appear at court on your behalf. The summons itself or an accompanying document entitled “Notice to Defendant” may help to explain your rights and responsibilities but, if you are in any doubt, it would be advisable to seek legal advice or, at least, to appear at court in person.

If you have been charged to appear at a court and released on police bail, then you must appear in person to answer to your bail. Failure to do so may result in a warrant being issued for your arrest by the Magistrate to have you brought to court.

If you have been charged with an offence and, if the offence is a serious one or it is felt that you may not turn up for your trial, you may be “remanded in custody.” This means that you will be kept in prison and required to appear in court. This could either be in person, or using a system known as “live link” closed circuit television. The police investigation will continue until a decision has been made by the Public Prosecution Service (PPS) either to prosecute or not to prosecute you for the offence.