Question 1

Will I go to prison if I have no previous convictions?

Accepted Answer

The first thing to remember is that a person can't be sentenced to prison unless the police or CPS make the decision to take the case to court, and then after that if the person is convicted, by pleading guilty at court or being found guilty. There are alternatives to a case going to court, and even if it does, there are several other ways a case can be dealt with even if the person is convicted, for example, by receding a suspended sentence or community-based penalty. These are often more likely if you are facing a conviction for the first time. We would recommend getting advice from a criminal solicitor who can help you by explaining what your chances are of each possible outcome.

Question 2

Will I get a criminal conviction?

Accepted Answer

Whether you get convicted very much depends on how a case ends at court. If the Magistrates or a Crown Court jury find you guilty then a criminal conviction nearly always follows and with it a criminal record, BUT a criminal record may not show on a DBS check or just be visible for a short time. This could depend on what the penalty is, the level of DBS check, and whether you were under 18 at the time.

Question 3

Will I be charged with a criminal offence and have to go to court?

Accepted Answer

Whether a person has to go to court if they are investigated is a big question, and it depends on several factors, such as the seriousness of the offence, how strong the evidence is, whether the complainant wants the case to go ahead, and whether the CPS or police can be persuaded to deal with the case another way. Having good lawyers in the early stages can help if you want a case not to proceed to court.

Question 4

Should I accept a caution for a criminal offence if I have no previous convictions?

Accepted Answer

Whether to accept a caution, sometimes called a simple caution, is not straightforward, and depends on the circumstances of the allegation and the person who has been accused. It is correct to say that a caution is not a criminal conviction, but at the same time a caution does create a criminal record. In some situations, the caution will appear with some types of DBS criminal record check, and in those cases, it can last several years. For anyone in a career, regulated profession or other position of responsibility, such as caring for children or vulnerable people, a caution is often something to avoid, even if it does seem less dramatic than being convicted at court.

Question 5

How can the police investigate me on the basis of just another person's word?

Accepted Answer

It can seem very frustrating when a criminal investigation starts just on the basis of a person’s accusation, especially where there is no supporting evidence. The police will usually regard themselves as duty bound to investigate an offence, at least by doing an interview, in a situation where if the allegation was true, it could result in a conviction. This could be because by having an interview, sometimes the evidence will come from the suspect admitting it. This of course means it is very important to have a lawyer in interview. Police will often just interview hoping that the suspect does the work for them by answering questions, where the best course of action is often to make no comment. If you are charged in a case where it is one person’s word against the other, it’s a good idea to remember that the jury in a criminal trial will usually demand more corroboration or they will be less likely to convict you.

Question 6

How long will the case last?

Accepted Answer

A criminal case is not usually over very quickly. Even when the police deal with a low priority matter it is often days or weeks before a decision is made about whether the case will proceed to court. In more complex or serious cases just the investigation can take months, and if it reaches court, the wait until the case is over can take months or in some rare cases years. If police give estimates of it being over quickly, always take advice from your lawyer to see if this is realistic or not.

Question 7

Will the police or CPS take into account that I have no previous convictions when deciding what to do with me?

Accepted Answer

While you might hope that the police treat people who have no experience of the criminal justice system with more sensitivity and understanding, the sad truth is that they meet people with no previous convictions every day, and aren’t often much more lenient to them. As soon as police say they want to speak to you, or in police-speak ‘have a chat’, you should assume there is some danger and that you are in a situation you should not underestimate.

Question 8

Do I have to tell my employer that I have a criminal accusation against me?

Accepted Answer

There isn’t a law which says that a person facing a criminal case has to tell their employer about it. That said, if you have a contract of employment or a set of rules related to your profession, you should check this to see what you have to disclose if anything. If the case goes to court, your name could in theory be published so that is worth bearing in mind.

No previous convictions?

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