Russell Brand Charged With Rape: What Will Happen Next?

What Happens When You Are Charged With Sexual Assault and Rape?

After a lengthy police investigation Russell Brand has been charged with rape and sexual assault with offences alleged to have been committed between 1999-2005. The charges will be made under both the Sexual Offences Act 1956 and Sexual Offences Act 2003 due to when they are said to have occurred. Mr Brand is due to appear at the Magistrates Court on 2nd May 2025. The charges include:

Rape, contrary to section 1 of the Sexual Offences Act 1956
Indecent Assault contrary to section 14 Sexual offences Act 1956
Oral Rape contrary to section 1 of the Sexual Offences Act 2003
Sexual Assault contrary to section 3 of the Sexual Offence Act 2003

Each day police forces across the country are investigating and charging individuals of offences which arise from recent allegations and historic sexual offence allegations, at Eventum Legal we represent the accused at all stages of the criminal justice process for recent and historic sexual offences, here is what to expect when you are charged with rape or sexual assault.

Charged With a Sexual Offence

The Crown Prosecution Service will determine whether or not a person is charged with such serious sexual offence allegations, and if they are to be charged which offences apply following their review of the evidence gathered by the police. In this particular case the CPS will have applied the law from the 1956 Sexual offences Act and the Sexual Offences Act 2003, this is because of when some of the offences are alleged to have been committed. Historic offences are usually charged under the 1956 Act, this applies where the offence happened prior to 1st may 2004.

See our Charging Guidance page here to learn more on how the CPS make charging decisions.

Will I Remain On Bail If I Am Charged?

Yes, if you have been on police bail during the investigation like Russell Brand has, then there is no reason for the court to deny bail whilst you await trial unless you have breached, or are risk of absconding. It is extremely rare for the accused to be remanded following charges when they have been on police bail up until that point.

Going To Court

When charges are authorised the accused will be given a notice of charges which will provide them with a time and date to attend the Magistrates Court. Attending the Magistrates Court is the first step in court proceedings, and no matter what offence a person is charged with their case will always begin at the Magistrates Court. At the Magistrates Court the accused is expected to enter their plea, in some circumstances a plea may not be entered and the case will be sent to the Crown Court where a plea hearing will take place approximately 28 days later.

In the case of Russell Brand who is charged with the most serious sexual offences his case will be sent to the Crown Court, where it will be for a jury to decide his innocence of guilt after hearing the evidence. Rape is what the legal world refers to as an indictable only offence, meaning the Magistrates have no power to hear a trial for this offence and in all cases the matter will go to the Crown Court.

Going to The Crown Court

Most sexual offences will be heard in the Crown Court, although the thought of having your case heard by the Crown Court is daunting there are many advantages of this mode of trial to a defendant in a sexual offence case.

Russell Brand will be required to attend the Crown Court for the first time approximately 28 days after his Magistrates Court appearance, this will be for his Plea and Trial Preparation Hearing. This is a short hearing where he will be expected to enter his plea to the allegations (guilty or not guilty) again, and where the judge will set a date for trial. In addition, dates will be set in the form of a timetable for the defence and prosecution to work towards when preparing for trial, these dates are referred to as stage dates.

In such a high profile case the judge is certainly going to set strict directions which may relate to the reporting of the allegations, particularly in relation to the complainant's identity and the protection of this.

What Happens After a PTPH

When the PTPH has taken place the defence team will continue their preparation of the case for trial. Although it should always be the aim of the defence team to have charges dropped as soon as possible, this is not always realistic and therefore, it must always be assumed that the case will reach trial.

Preparation for trial will include a very thorough review of all evidence served by the CPS and identifying areas where this can be scrutinised and undermined. In sexual offence cases the evidence largely comes down to one persons word against another but with careful examination and a no stone unturned approach applied there is always something that can be found to discredit a false allegation. Due to Russel Brands celebrity status, it is likely his movements and locations are well documented which may be helpful to his defence team.

When preparing a sexual offence case for trial there may also be the requirement for expert evidence. This can be in the form of digital forensics or medical forensics. In historic abuse cases the need for forensic examinations of mobile phones and or DNA evidence is not likely to apply but psychological or psychiatric evaluations can be of assistance. Therefore, considering the complaints and determining whether complainants have relevant medical or counselling records which may assist the defence can be beneficial to the accused.

Whilst preparing for trial the defence and the CPS will be in communication and evidence can be served throughout. This evidence is not necessarily evidence which supports the prosecution case, but which can also undermine the prosecution case and assist the defence. The CPS have a continuous duty of review in all criminal cases, and where evidence may come to light which brings into question whether there is likely to be a realistic prospect of conviction then the CPS may decide to offer no evidence, in effect discontinuing the case against the accused.

Getting to Trial

If the allegations against you reach trial then you will be expected to attend each day of the trial, and you will be bailed to go home at the end of each day.

A jury trial will consist of 12 members of the public determining the truthfulness of the evidence presented, and a judge whose responsibility it is to oversee the law and procedures. They will guide the jury in respect of the law and what the CPS must prove in order for them to convict the accused.

During the trial the evidence from both the prosecution an defence will be presented. The defendant does not have to give evidence at trial however, in rape and sexual assault cases it is expected that they will answer questions, put their version of events across to the court and defend their position.

Sentence Upon Conviction for Rape

The maximum sentence for rape is life imprisonment, however this level of sentence is reserved for the most serious cases. The sentence depend on many factors and your legal team would discuss the sentencing guidelines with you and where your case may fall within those.

If you are found guilty at the conclusion of your trial for a serious sexual offence you will be remanded into custody to await sentence, particularly in rape cases. The defence team may ask for reports to be conducted before the judge sentences you and this can assist in determining whether you should be classed as a dangerous offender. Rape is a serious and specified offence and therefore, the judge must decide whether the offender is dangerous by applying the Dangerousness Provisions in section 308 of the Sentencing Act 2020. Being classed as a dangerous offender could increase your time spent in prison, and therefore working with a forensic psychologist and your defence team can help to avoid this.

Charged With Rape, What Should I Do?

The first step you must take is seek expert legal advice, you cannot face court proceedings along and representation regardless of your plea is essential. Our all female legal team represent men accused of rape at all stages of proceedings, we provide a strong yet supportive approach to your defence and deploy the most excellent barristers and forensic experts to assist our clients, providing you with a strong defence team.

Our initial consultation is free of charge with no obligation on you to become our client. Thereon we charge a fixed fee giving you peace of mind throughout your case that you will not need to be worrying about mounting legal costs, and concentrate on what is important...proving your innocence!

Complete our enquiry form below and a member of our team will contact you.

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What To Expect At A Pre-Trial Review

By Jessica Wilson • April 22, 2025

Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.