If you plead not guilty to a criminal charge, your case will go to trial. In many cases (though not all), the prosecution must prove your guilt beyond reasonable doubt. If they fail to do so, you are ‘acquitted’ and, unless ancillary orders become relevant, no further action will be taken against you. Should the court find you guilty, the case will then move to sentencing, where a judge or magistrates will decide on the appropriate penalty.

The sentence or penalty you receive will almost always be higher if you are found guilty after a trial, as you will not benefit from the reduction given for an early guilty plea. Courts take into account whether a defendant has admitted wrongdoing at the earliest opportunity, and a guilty plea can lead to a more lenient sentence, a lower fine or a reduced penalty. If you maintain a not guilty plea and are later convicted, the court will impose a sentence based on sentencing guidelines and the circumstances of your case, without the discount available for an early admission of guilt. The final outcome depends on factors such as the seriousness of the offence, previous convictions and any mitigating or aggravating circumstances.

Here, the criminal defence solicitors at JMW explain what happens if you are found guilty after pleading not guilty, including how sentencing works, potential outcomes and your options for appeal.

Which court will hear your case?

The court that hears your case depends on the type and seriousness of the offence.

Less serious offences, known as summary offences, are dealt with in the Magistrates’ Court. These include crimes such as common assault, low-level theft, and most motoring offences. A panel of three magistrates or a district judge will decide the outcome. There is no jury in the Magistrates’ Court, and sentencing powers are generally limited to a maximum of six months imprisonment for a single offence (or 12 months for multiple offences), fines and community orders.

More serious offences, known as indictable-only offences, must be heard in the Crown Court. These include crimes such as robbery, serious fraud and grievous bodily harm with intent. In the Crown Court, a jury determines whether the defendant is guilty, and if convicted, a judge decides the sentence. The Crown Court has greater sentencing powers than the Magistrates’ Court and can impose longer prison sentences.

Some offences, known as ‘either way’ offences, can be heard in either the Magistrates’ Court or the Crown Court. These include crimes such as burglary, actual bodily harm, many fraud allegations and drug offences. The decision on where the case is heard depends on the severity of the offence and whether the magistrates believe their sentencing powers are sufficient. Defendants in ‘either way’ cases may also have the right to ‘elect’ for a jury trial in the Crown Court, even if the magistrates decide they can deal with the case.

If you are found guilty: what happens next?

Depending on the complexity of the case and whether additional reports are required, sentencing may take place immediately after the verdict or be scheduled for a later date.

During the sentencing hearing, the court will carefully consider several factors before deciding on the appropriate penalty:

• Sentencing guidelines set by the Sentencing Council.
• The seriousness of the offence and whether aggravating factors were present, such as the use of a weapon, planning or premeditation, causing harm to a vulnerable person, or committing the offence while on bail.
• Mitigating factors such as a lack of previous convictions, genuine remorse, cooperation with authorities, or difficult personal circumstances that contributed to the offence.

The court will then determine the most appropriate penalty, which could range from a fine or community order to a suspended or immediate custodial sentence, depending on the nature and severity of the offence.

If the judge or magistrates believe that further information is needed before sentencing - for example, a pre-sentence report from the probation service - they may adjourn the case to a later date to allow time for this assessment.

Will you get a harsher sentence for pleading not guilty?

One of the main concerns defendants have is whether they will receive a harsher sentence if they plead not guilty and are later convicted. While the court cannot punish a defendant simply for contesting a charge, those who plead guilty at an early stage benefit from a reduction in their sentence, which is not available after a trial.

If you plead guilty at the first court hearing, you normally receive a one-third reduction in your sentence or fine, especially if the allegations were admitted during an interview under caution with the investigators. If the guilty plea is entered after the first hearing but before trial, the reduction usually falls to one-quarter. If you wait until the day of trial to plead guilty, the maximum discount available is one-tenth. It can be significantly less, depending upon the circumstances in which the plea is changed. Defendants who maintain a not guilty plea throughout but are later convicted at trial do not receive any reduction, meaning they could face a longer prison sentence, a higher fine or stricter penalties than if they had admitted the offence at an early stage.

The exact impact of this will depend on sentencing guidelines, the seriousness of the offence and any aggravating or mitigating factors. While contesting a charge to trial may be the right decision in many cases, it is important to be aware of how it could affect the final sentence if you are found guilty.

What if you want to plead guilty, but only to particular aspects of the prosecution case?

Sometimes, a defendant is willing to plead guilty but they feel the prosecution have not accurately described the evidence. It may be possible to persuade the prosecution to amend the presentation of their case to better reflect what occurred and the defendant’s culpability. It can also be achieved by advancing what is often referred to as a written ‘basis of plea’. This is an agreement to enter a guilty plea on a particular basis of fact. This type of agreement is distinct from a ‘not guilty’ plea. One cannot enter a guilty plea whilst denying the commission of the offence(s). Nevertheless, a basis of plea can be a very effective method by which your role in a case is more clearly defined.

It is important to remember that a basis of plea is a proposed agreement between prosecution and defence. The judge does not have to adopt the agreement, but will usually do so if the terms are sensible and the public interest is served by this outcome. If the prosecution do not accept a draft basis of plea, the defendant must either plead guilty to the full extent of the prosecution case, suggest a different basis or decide to have a ‘trial of issue’. This is also referred to as a ‘Newton hearing’.

A trial of issue may be convened following a guilty plea to decide the nature and extent of the defendant’s involvement in the relevant events. A trial of issue can be on very narrow points (e.g. how much money was stolen?) or it can deal with broader issues. A defendant should only proceed to a trial of issue after very careful consideration and legal advice, because an adverse finding will usually make the ultimate sentence more severe than it would have been if the defendant had accepted the full extent of the prosecution case from the outset.

Can you appeal a guilty verdict?

If you plead not guilty but are found guilty, you may be able to appeal, but success obviously depends upon the existence of valid legal grounds, such as a legal error, procedural unfairness or new evidence that was not available at the time of your trial. In most cases, appeals must be filed within 21 or 28 days of conviction or sentencing, though late appeals may be allowed in exceptional circumstances.

If your case was heard in the Magistrates’ Court, you can appeal to the Crown Court, where a judge and two magistrates will review your case. The appeal may lead to a new trial, a reduced sentence or the conviction being overturned. However, if the appeal is unsuccessful, your sentence may stay the same, though it could increase - although this is rare.

If your case was heard in the Crown Court, appeals go to the Court of Appeal. Unlike in the Magistrates’ Court, you must apply for permission to appeal, and appeals are only granted if there is a material legal error, procedural irregularity or new evidence that could have affected the trial’s outcome. If the application for permission is granted, the case proceeds to the full court of appeal. If the application for permission is refused, a defendant may still renew the appeal to the full court (i.e. without permission) but doing so requires very careful consideration because of the implications, particularly for defendants already serving a custodial sentence. If an appeal is successful, the conviction may be quashed, a retrial may be ordered, or the sentence may be reduced.