Guidance

Young People: When you go to court and want to say you're not guilty

Updated 20 August 2021

Applies to England and Wales

Speaking to a lawyer

Before you go to court, talk to a lawyer straight away.

The lawyer can give you advice about whether you should say you are guilty, or not guilty, of the offence.

The lawyer will represent you in court. This means they will talk to the court for you.

The lawyer will see if you can get legal aid. You will normally get this. If the court agrees, it means that you will not have to pay money to the lawyer.

You need to tell the lawyer everything that happened. They are there to help. They will keep everything you say secret unless you agree for the court to be told.

You need to give the lawyer all the information you have about your case.

How the lawyer protects your right to privacy in court

Everything that is said between you and your lawyer is private and can only be shared with your permission.

But a lawyer is not allowed to mislead the court or tell the court something which they know is untrue.

Your lawyer will need to share details of the defence with the court to prepare for the next hearing. The lawyer will need your permission to do this.

What happens when you tell the court you’re not guilty

Your lawyer, the prosecutor and the court normally need to complete the form preparation for trial in a magistrates’ court.

The form is important. The court needs to understand why you say you are not guilty and decide what will happen at the trial.

The court will normally tell you when, and where, you must come to court for your trial.

Information your lawyer needs

Your lawyer will need to talk to you about your case before the trial, so need to tell them:

• where you live
• your telephone number
• email if you have one

Your lawyer needs to know everything about your case, such as:

1) What happened in your case.

2) If you have witnesses - people who you think will help your case, for example because they saw what happened. You need to tell your lawyer, if you know, their name, where they live, date of birth, phone number and if they speak another language. You might not know all of this but tell them what you can.

3) Why you say you are not guilty. This is your side of what happened.

If you do not tell your lawyer something

Your lawyer might not be able to help you.

If you do not tell the lawyer about a witness or some evidence straight away, the court might decide to have the trial without that evidence or that witness. The court might decide your trial will take place another day. You might have to pay money to the court for the wasted time.

If you forget to tell your lawyer something, tell your lawyer as soon as you remember. If something changes, tell your lawyer straight away.

What happens when the court decides the trial date

The court will tell you the date, time and place for the trial. Make sure you are not late. You might have to wait.

Your lawyer will need to talk to you before the trial. Make sure they have your telephone number. If your telephone number changes you need to tell your lawyer.

You must come to court for your trial. If you cannot come, for example, if you are unwell or there is an emergency, you must tell your lawyer and the court straight away. This must be for a reason you cannot help.

If you do not come to court:

• your lawyer may not be able to talk to the court for you
• the court might decide if you are guilty or not guilty without you
• you might be arrested by the police
• the court might later decide that you had no good reason for not coming - the court can punish you for this