When does the prosecution refer a case to court?
When it is convinced that the act constitutes a misdemeanour or petty offence with sufficient evidence, it refers the case to the misdemeanour court (Article 121 of the Federal Decree-Law No. 38 of 2022 (Criminal Procedures Law)). Where it is convinced that the act is a felony and the evidence is sufficient, the Chief Prosecutor or deputy takes the case to the criminal court (Article 122).
If there is doubt as to whether the act is a felony or a misdemeanour, the accused is referred to the criminal court under a felony charge.
What does the referral decision say?
It must give the name, age, place of birth, residence and nationality of the accused, details of the crime and its elements, the extenuating or aggravating circumstances and the applicable articles of the law (Article 124(1)).
The Public Prosecution must serve it on the parties within three days of issue, except for one-day crimes, which are determined by the Attorney General (Article 124(2)).
What happens to my detention after referral?
The accused held in custody is released if the referral order does not say they remain in custody (Article 126).
After referral, release and detention decisions move to the court the case is sent to (Article 113).
Can there be more investigation after referral?
Yes. If an incident after the referral order requires supplemental investigation, the Public Prosecution carries it out and submits the report to the court (Article 131).
Several interrelated crimes can be sent to court by a single order (Article 125).
What should I do first?
Get the referral decision
Check the charge and the articles.
Check the court and date
Misdemeanour or criminal court.
Ask about release
Detention continues only if the order says so.
Plan the defence
Witness lists and evidence are set early.
Call us on +971 50 653 1334 or message us on WhatsApp. We answer at any hour.
Frequently asked questions
Is referral the same as conviction?
No. It means the prosecution believes there is enough evidence to put the case before a court.
Will I stay in custody after referral?
Only if the referral order says so (Article 126).
How fast is the referral decision served?
Within three days of issue, with exceptions for one-day crimes (Article 124(2)).
Which court hears my case?
The misdemeanour court for misdemeanours and petty offences (Article 121) and the criminal court for felonies (Article 122).
Related guides
Public Prosecution overview
The main points, the process and your first steps.
Read the overviewProsecution Investigation
How the Public Prosecution questions the accused, records the investigation and decides the next step.
Read the guideCriminal Trial
How a criminal trial runs in the UAE, who must attend, how witnesses are heard and how a judgment is reached.
Read the guideSources
Source: Federal Decree-Law No. 38 of 2022 (Criminal Procedures Law), official English text on the UAE Legislation portal, checked 9 October 2026. The portal lists the law as active and last updated on 28 September 2023. The Arabic text prevails over translations.
This page is general information, not legal advice.