What to expect when facing criminal charges in Wales
Facing criminal proceedings can be one of the most stressful experiences in a person’s life. Whether you’ve been charged with a minor offence or are facing more serious allegations, understanding how the criminal court system in Wales works can make the process feel far less daunting.
At Fonseca Law, our team of experienced criminal defence solicitors in Ebbw Vale are here to guide you every step of the way - from the moment you’re arrested or charged, right through to your court appearance and, if necessary, appeal.
This guide will walk you through how the criminal courts in Wales operate, what to expect at each stage, and how professional legal representation can help you achieve the best possible outcome.
Understanding the criminal justice system in Wales
Wales shares its criminal justice framework with England, meaning the criminal court structure and procedures are largely the same across both nations. However, courts in Wales - such as those in Cardiff, Newport, and Swansea - serve the Welsh population under the jurisdiction of the Magistrates’ Courts, the Crown Court, and the Court of Appeal.
The main aim of the system is to ensure that justice is served fairly, balancing the rights of defendants with the protection of the public. Legal aid, bilingual support, and access to local solicitors are integral to ensuring that everyone in Wales receives fair representation under the law.
Read: A beginner’s guide to the criminal court system in Wales
The key stages of the criminal court process
1. Arrest and charge
The criminal process often begins with an arrest, but not always. You may instead receive a summons or postal requisition to attend court. If you’re arrested, you have the right to free legal advice at the police station - and it’s crucial to exercise that right.
Police may decide to charge you if they believe there’s enough evidence to prosecute. At this stage, you should seek immediate legal representation. A solicitor can advise you on your rights, assess the evidence, and communicate with the police and Crown Prosecution Service (CPS) on your behalf.
2. First court appearance - The Magistrates’ Court
Almost all criminal cases in Wales begin in the Magistrates’ Court. This is where the charges are formally read, and you’ll enter your plea.
- Summary offences (less serious crimes such as minor assaults, motoring offences, or public order matters) are dealt with entirely at this level.
- Indictable offences (more serious crimes such as robbery or murder) are sent to the Crown Court for trial.
- Either-way offences (such as theft or drug possession) may be heard in either court, depending on the circumstances and the defendant’s choice.
Having a solicitor at this early stage is vital. They can argue for bail, advise you on plea options, and ensure the court follows the correct procedures.
3. Preparing your defence
If your case proceeds to trial, your legal team will work with you to prepare your defence. This might include:
- Reviewing and challenging evidence presented by the prosecution
- Gathering witness statements and expert reports
- Advising on plea negotiations or alternatives such as caution agreements
The preparation stage is critical - a strong, well-prepared defence can often lead to reduced charges or even a case being dropped before trial.
4. Crown court proceedings
If your case is sent to the Crown Court, it will be heard before a judge and jury. Crown Court proceedings are typically reserved for the most serious offences or for appeals against Magistrates’ Court decisions.
Your solicitor and barrister will represent you throughout, ensuring your side of the story is clearly presented and that your legal rights are fully protected.
At this level, expert legal advocacy can make a huge difference. Your defence team will cross-examine witnesses, challenge the prosecution’s case, and present mitigating factors to secure the best possible outcome.
5. Sentencing and appeals
If you’re found guilty, the court will move to sentencing. Sentences vary widely depending on the nature of the offence, ranging from community orders and fines to custodial sentences.
If you believe your conviction or sentence was unfair, your solicitor can help you lodge an appeal. Appeals must usually be filed within 28 days, and having an experienced legal team is essential to evaluate the strength of your case and guide you through the appeals process.
Read: What you should know about criminal defence strategies
Legal representation and legal aid in Wales
One of the most important protections available to defendants in Wales is access to legal aid. Depending on your financial situation and the seriousness of the charge, you may qualify for government-funded legal representation.
Your solicitor can help you assess your eligibility and handle the application process. At Fonseca Law, we believe everyone deserves high-quality legal defence, regardless of their financial means.
Common questions about the criminal court process
Do I have to attend court in person?
In most cases, yes. However, some hearings (particularly administrative or case management sessions) may be conducted remotely via video link.
What if I don’t attend my court hearing?
Failing to attend court without a valid reason can result in a warrant for your arrest. Always contact your solicitor immediately if you’re unable to attend for any reason.
Can I change my plea later?
In some cases, yes - but doing so may affect your sentencing or case strategy. Your solicitor will advise on the best course of action based on your specific situation.
How a criminal defence solicitor can help
Navigating the criminal justice system in Wales without professional help is extremely difficult. The law is complex, and every decision you make - from your initial plea to whether to testify - can have long-lasting consequences.
An experienced criminal defence solicitor can:
- Protect your rights from the moment of arrest
- Ensure all evidence against you is properly challenged
- Represent you at every stage of court proceedings
- Negotiate with prosecutors for reduced charges where appropriate
- Support you emotionally and practically throughout your case
At Fonseca Law, we pride ourselves on offering compassionate, effective representation to clients across South Wales - ensuring every client feels supported and understood, no matter how serious the allegations they face.
Read: The role of a criminal defence lawyer
Facing criminal charges can be frightening, but understanding how the Welsh criminal court system works can make the process far less overwhelming. With the right legal team by your side, you can face proceedings with confidence, knowing your case is being handled with expertise and care.
If you or a loved one are facing criminal charges in South Wales, our team at Fonseca Law Solicitors in Ebbw Vale are here to help. We’ll guide you through the process, explain your options clearly, and fight to protect your rights every step of the way.
