Arrest and Detention
Can the police arrest me without reason?
No. The police have to have reasonable suspicion that you have committed or are about to commit a criminal offence. The police have to inform you of your arrest and tell you why you are being arrested as soon as it is practicable. The reality however is that it is very difficult to ask the police to prove their suspicion in court by which time they may have already gathered evidence against you. This is one of the reasons why you need a lawyer at every stage of your representation.
Can I have free legal advice at the police station?
Yes you can have a lawyer and you don’t have to pay. This is a free service where we aim to arrive within 45 minutes of being told by the police that they are ready to interview. We are contactable 24 hours a day, seven days a week for Police Station representation and we will gladly represent you. If you have a pre-arranged appointment with the police you can always call us direct beforehand and despite what the police may say, you do not have to ask for the Duty Solicitor- you can request your own solicitor.
Won’t it take longer if I ask for a lawyer?
As stated above we will seek to arrive within 45 minutes of being requested to attend. In reality when you are first arrested the police are hardly ever in a position to deal with you straight away and interview you immediately. Often we will speak to the police and seek to agree a time when they think they will be ready to deal with you so there can be as little delay as possible. If you are still not convinced, think of it this way: if the time you spent in the police station waiting for a lawyer increased your chances of not being charged, securing a ‘Not Guilty’’ verdict at trial or a lower sentence, wouldn’t it be worth the wait?
Doesn’t it make me look guilty if I have a lawyer?
No. It is your right in law and there is nothing wrong with exercising your legal rights. If there was you would not have those rights in the first place.
Why do I need a lawyer if I am going to tell the truth?
Whether you are going to tell the truth or not is not the point. In law it is for the Prosecution, comprising usually of the Police and the Crown Prosecution Service, to prove your guilt: it is not for you to prove your innocence. This underpins your right to remain silent. Remember you cannot be convicted by your silence alone and once you have said something in evidence e.g. under caution in a police interview, it cannot be unsaid.
Can the police interview me if I am unwell?
No. You have to be fit for interview and this means healthy in body and mind. Therefore if you are physically unwell, in pain or possibly have mental health issues which affect your judgement then you cannot be interviewed under those circumstances. When we arrive at the police station we will ensure your welfare has been taken care of. If an interview does proceed despite these difficulties you have raised then there may be legal argument to challenge the admissibility of that interview.
If I am not charged and released can I bring an action against the police?
This depends on a number of factors. In most cases despite what you may have seen on television you may not be able to take legal action against the police if they have properly arrested and interviewed you. If they have not then we can discuss if you have a case against the police.
Charge
What happens after interview?
There are a number of things that could happen. In many cases charging does not take place straight away. If you are to be charged that day this could still take a number of hours with the police often having to take advice from the Crown Prosecution Service. You could be bailed to return on another day whilst the police conduct further enquiries which may mean taking further statements from witnesses or forensic analysis of other evidence gathered during the investigation.
If you are bailed then you may have conditions placed upon you. For example if your cases is an allegation of domestic assault you may not be able to contact the partner you are accused of assaulting and would therefore have to find alternative accommodation if you both live together. Bail conditions apply until they are varied or discharged. If they are imposed by the police they must be varied or discharged by the police.
Once you are charged and have your first appearance at Court then an application should be made to the Court to vary or discharge them. The police may take no further action (NFA) against you and this would be the end of the matter. Please note however if new evidence comes to light the police can revisit the allegation against you. In our experience this is highly unusual but you must be aware that this is a possibility.
If you are charged then you will either be remanded in custody and taken to Court at the next available Court sitting or released on bail when you will be given a Court date which will be approximately 14 days from when you were charged. Please note that these dates are not exact and remain a guide as this process is really down to the police and courts.
Trial
If I am at court will you be there?
If you are happy for us to represent you then yes we would be in attendance.
Will I get the same lawyer throughout my case?
You will be allocated or may request a specific lawyer and we will endeavour to ensure continuity of representation. We do however work as a team so although there will be one lawyer with overall responsibility for your case others may work on your case also to ensure all necessary work is done.
If I am remanded in custody will I have to stay in prison until the end of the case?
Not necessarily. A limited number of bail applications can be made at the Magistrates and Crown Courts. There are a number of factors to be taken into account and bail cannot be guaranteed in every case. We appreciate bail is often the most important question for clients and we do our best to try and secure bail for all of our clients. A common mistake we often find clients make when applying for bail is that they want to reapply for bail immediately after they have been remanded into custody. While this can be done, in our experience it is best to take time and consider the case as a whole as often the success of an application depends as much on its timing as it does on its substance. You should be aware that if the Court does not grant you bail it does not mean you will be found guilty should you go to trial. The issues involved in a bail application and that in a trial to determine your guilt or innocence are not the same thing.
Will my case stay in the Magistrates’ Court or go to the Crown Court?
This depends upon the offence for which you have been charged. If you have been charged with a ‘Summary’ only offence then your case will be heard in the Magistrates Court. Common examples of these types of offences are some of the offences brought under the Road Traffic Act 1988 for example Driving without insurance. If you have been charged with an ‘Indictable’ only offence such as Murder or Rape then your case will be heard in a Crown Court although the first hearing will still be in the Magistrates Court. The remaining class of offences are known as those ‘Either way’. This means they can be tried in either the Magistrates or Crown Court. A very common example of one of these types of offences is Theft. In these situations you may have the right to elect a jury trial in the Crown Court if the Magistrates Court accept that your case is suitable to be heard there. You should also be aware that even if your case is heard in the Magistrates Court and the offence for which you are charged is an ‘Either way’ offence then the Magistrates Court can still commit (transfer) your case to the Crown Court for sentence. There are exceptions to the above and this is a rough guide only. You should contact us for more specific advice to your case and not make any decisions about your case without taking proper legal advice.
Can I get a barrister to represent me too?
Yes. Under most circumstances if your case is going to be a trial then you will often be represented by a barrister. If your case is heard in the Crown Court then this will almost always be the case. While we pride ourselves on picking the best advocate for the case. If you have a specific barrister you wish to represent you then please ask us and we will do our utmost to arrange this for you. Ultimately you must have complete confidence in your legal representation.
Sentence
If I lose my case will I go to prison?
Prison remains an option in many cases however there are a number of factors to consider before you are sentenced. Equally you may be eligible for a community based sentence or a suspended term of imprisonment. Our goal will always be to try and secure the best sentence for you.
If I am acquitted can I get compensation?
No. After a criminal trial you will not be ordinarily entitled to compensation even if you have been remanded in custody pending the outcome of your case.
Will I have a criminal record?
Although the police will keep a record of any arrest and detention, you will only have a criminal record if you are cautioned for or convicted of a criminal offence. How long before a matter is ‘spent’ i.e. when you don’t have to declare it any more depends on the sentence you receive.