What happens if I am arrested?
You will be taken into custody and told what allegation the police are investigating. You will be provided with your legal rights which includes being offered a lawyer. You can ask to be represented by The Purkiss Partnership and we will be contacted.
Should I have a lawyer if I am interviewed by the police?
Yes, legal advice and assistance at the police station is free of charge. It is your right to have a lawyer to assist you. We would be happy to assist you whether you are interviewed following an arrest or are asked to attend a voluntary interview with the police. It is very important that you are represented at this early stage of a case, even if you have previously been interviewed by the police, as what happens at the police station is often very important in the final outcome of a case. We are available 24 hours a day, 365 days a year.
Do I have attend a voluntary interview?
Technically no, but if the police are asking for you to attend voluntarily we will aim to arrange that at a time convenient to you. If you do not attend voluntarily then it is likely that the police would take the step of arresting you in order to conduct an interview, which will likely be without notice to you.
How long will it take for a lawyer to arrive?
If we are notified by the police that you are in custody awaiting interview, we will maintain contact with the police and ensure that we attend in good time to advise you before the interview takes place. It often takes several hours for the police to be ready to interview you, but we will attend as soon as we are notified of a time for interview.
What can happen after interview?
The police may decide to charge you with an offence and require you to appear before the court. If you make admissions to the police in interview you may be eligible to receive an out of court disposal. If the police do not have sufficient evidence to charge you with any offences you may be released from custody either on bail or under investigation to continue their investigations.
How long can I be bailed for?
The police can initially bail a suspect for a maximum period of 3 months. This can then be extended by a further 3 months by an officer of the rank of Inspector. A further extension for another period of 3 months can then be authorised by an officer of the rank of Superintendent. If the police still require more time, they can apply to a Magistrates’ Court for an extension for a further 3 months. There is currently no limit to the number of times that this can be done, but the police must persuade the Court that they are carrying out their investigation expeditiously. In exceptional circumstances (such as serious fraud investigations), it will be possible to extend bail administratively by up to 6 months without the authority of a Court. You are entitled to make representations about bail extensions.
The police can also add conditions to your bail in certain circumstances if it is necessary and proportionate to do so.
Can the police keep my seized property?
Any property that has been seized by the police as potential evidence will not be returned to you until the conclusion of this investigation. This includes mobile phones and any other electronic devices, cash and other items.
What if I have to go to court?
A number of cases will be listed before the court at the same time, and the courts can be very busy so we would advise arriving early and be prepared to stay all day. Facilities are also limited at most Courts.
We would advise that you dress appropriately.
We would suggest that you bring with you to Court any documentation that may assist with the presentation of your case eg: character references, driving documents if you are facing any driving offences, proof of income and proof of any medical condition(s).
Can you represent me at court?
The Purkiss Partnership specialises in defending all cases within the criminal justice system and has a contract with the Legal Aid Agency to provide legally aided representation in relation to all types of cases within the criminal justice system including cases in the Magistrates’ Courts, Crown Courts, Appellate Courts and Courts Martial.
Whatever offences you are charged with the Prosecution are under an obligation to provide ‘Initial Details of the Prosecution Case’ (IDPC), although this may not be available until the morning of the court hearing. If we represent you in this matter you will have ample opportunity to discuss this information with the solicitor at court who will be able to fully advise you as to the strength of that evidence and the possible courses of action available, including regarding your plea, any trial and potential sentences.
The amount of time your case will take to conclude will depend on a number of factors, all of which can be discussed with you at court.
We would be happy to represent you at court, and are able to represent you either privately or with the benefit of Legal Aid.
Can I get Legal Aid?
We can confirm that the costs of attending the police station to represent you are met by the Legal Aid Agency, and you do not have to pay us any money.
Once Court proceedings have been commenced, by way of charge or summons, an application can be made to cover the costs of representation.
An application for Legal Aid is in two parts; a merits test and a means test. The merits test considers whether it is in the interests of justice for a solicitor to be appointed to represent you. The Legal Aid Agency will consider factors like whether you may receive a custodial sentence, if convicted, whether the case is particularly complex or whether you have any particular circumstances which would make representing yourself very difficult.
The means test considers your financial circumstances and whether you meet the eligibility criteria to be granted legal aid.
Both of these tests need to be met before Legal Aid will be granted, and there are some matters which will therefore not be eligible for legal aid regardless of your level of income. We will advise you as to your specific circumstances.
To apply for a Legal Aid/Representation Order, an application form (CRM14) and potentially a financial assessment form (CRM15) must be completed. You will be asked to complete the CRM 15 if necessary and sign a declaration form authorising us to make the application on your behalf.
Please note that the Legal Aid Agency may request further information or evidence before they can consider your legal aid application. It is crucial that you provide the information within the time frame set out. If you fail to do so your application for Legal Aid may not be granted at all, or the Legal Aid Agency will apply a penalty to your case requiring you to pay £900 or 100% of your disposable income, whichever is the greater, per month.
Please note that if your financial position changes during the course of the case, you will be required to submit a new CRM 15 outlining this change.
What happens if I am convicted?
Please note that these matters will be added to and remain permanently on your criminal record. If you appear before the Court in the future the Court will be told about these convictions and the sentence imposed.
Your conviction for this matter may be also be disclosed as part of any DBS ‘criminal record’ check. For most purposes you will not have to disclose this matter once it becomes spent. The time it takes for a conviction to become spent (the rehabilitation period) depends on a number of factors, including the sentence imposed and whether you commit any further offences.
These are updated regularly by the Government. The rehabilitation periods can be found at the following link:
Guidance on the Rehabilitation of Offenders Act 1974 and the Exceptions Order 1975 – GOV.UK (www.gov.uk)
If you complete job application forms or similar documentation and fail to disclose a criminal record (or give inaccurate) details when required you could be committing a further offence.
Should you wish to discuss your criminal record or the operation of the Rehabilitation of Offenders Act in more detail please do not hesitate to contact us.
