Arrest to trial timeline in England and Wales
A clear guide to who decides each step after an arrest and how long each phase usually lasts.
What happens after an arrest
When someone is arrested, the police take them to a custody suite. Within a few minutes the detainee must be told their rights and the reason for arrest. A qualified officer records the arrest, and the person is offered legal representation. If the police decide to keep the suspect for questioning, they can hold them for up to 24 hours. A magistrate can extend this to 36 hours in exceptional cases.
Who decides the next steps
Two bodies drive the process after custody. First, the police decide whether to release the suspect on bail or to refer the case to the Crown Prosecution Service (CPS). The CPS then reviews the evidence and decides whether to charge, drop, or take no further action. If a charge is laid, the case appears before a magistrates' court for a first hearing, where a magistrate may grant bail, set conditions, or commit the matter to Crown Court for trial.
Typical timeframes for each stage
- Police custody limit – 24 hours, extendable to 36 hours with magistrate approval.
- CPS charging decision – usually within 28 days of the arrest, though complex cases can take longer.
- First court appearance – generally within 14 days of a charge being filed.
- Bail hearing – often scheduled on the same day as the first appearance, but can be delayed if additional information is needed.
- Commitment to Crown Court – for indictable offences, the magistrates' court sends a case summary to the Crown Court within a few weeks of the hearing.
- Trial waiting time – average of 6–12 months for magistrates' court trials and 12–24 months for Crown Court trials, depending on case complexity and court availability.
- Length of trial – most magistrates' court trials last about three days; Crown Court trials average five days, though high‑profile cases can run much longer.
When does a case go to trial
If the magistrates' court deems the offence serious enough, it commits the defendant to Crown Court. The Crown Court then allocates a trial date, usually after a case management hearing that sets a timetable for disclosure and witness preparation. Throughout, the defendant remains on bail unless the court orders otherwise.
Key numbers at a glance
- 24 hours – standard police custody period.
- 36 hours – maximum extended custody with magistrate approval.
- 28 days – typical CPS charging window.
- 14 days – usual time to first court appearance.
- 6–12 months – average wait for a magistrates' court trial.
- 12–24 months – average wait for a Crown Court trial.
- 3 days – typical magistrates' court trial length.
- 5 days – typical Crown Court trial length.
Understanding these milestones helps anyone caught up in the system know who is making the decisions and why the process can take months, not days.
Key numbers
| What | Figure | Source |
|---|---|---|
| Police custody limit | 24 hours (extendable to 36 hours) | standard practice, not independently verified |
| CPS charging decision timeframe | up to 28 days after arrest | common guidance, not independently verified |
| First court appearance timeframe | typically within 14 days of charge | unspecified source, not independently verified |
| Average magistrates' court trial waiting time | 6 to 12 months | statistical estimate, not independently verified |
| Average Crown Court trial waiting time | 12 to 24 months | statistical estimate, not independently verified |
| Typical magistrates' court trial length | about 3 days | general observation, not independently verified |
| Typical Crown Court trial length | about 5 days | general observation, not independently verified |
In this story
| Name | Role in the story |
|---|---|
| Crown Court | trials for indictable offences |
| England and Wales | jurisdiction covered |
| Police | initial detaining authority |
| Crown Prosecution Service | decides whether to charge |
| Magistrates' Court | first court appearance, bail decisions |
