When should I see a Solicitor?

If you are arrested in connection with a crime, you should contact a solicitor as soon as possible. We will have a better sense of what you should or should not say to the police in interview, and may be able to find out more about the alleged offence than you can.  

What is the ‘Caution’?

In most cases, a suspect should be cautioned by a police officer immediately after they are arrested – and it’s quite likely that you will be cautioned several times while in custody. The caution reads: -
‘You have the right to remain silent; but it may harm your defence if you do not mention, when questioned, something that you later rely on in Court.  Anything you do say may be given in evidence’.

These words are repeated so often by police officers that it’s easy to misunderstand them or ignore them. But they’re actually very significant, because they spell out your rights when being questioned and can have a serious impact on your case. This is one reason why it’s important to seek legal representation as early as possible if you are arrested.

Once I am told my rights, can I be questioned?

Yes. But it is your right to have a solicitor present – and you may only be questioned without a solicitor if you agree to waive this right. A solicitor can be provided free of charge and it’s almost always sensible to take advantage of this. If you agree to be questioned without a solicitor, but then change your mind, questioning must stop immediately - and you should decline to answer further questions until you have had the opportunity of seeking legal advice.  
You may be required to give certain physical evidence, such as DNA. Also, if you are suspected of driving a motor vehicle while under the influence of alcohol, you may be asked to take a test to measure the amount of alcohol in your system.  If you refuse to take a test, the refusal itself amounts to a separate offence, for which you could still be disqualified from driving. The test may not be delayed on the grounds that you are waiting for legal advice.  

What if I can’t afford a Solicitor?

You are always entitled to representation and advice free of charge as soon as you’ve been arrested at the police station – and the police should tell you this.
In fact, any time you are at a police station, even if you are not under arrest (for instance, if you have gone there voluntarily, or as a potential witness), you may still be entitled to free legal advice.

How long can I be detained?

In most cases you may be held in custody for up to 24 hours, although even this is subject to review. The overriding principle is that the police must always be acting expeditiously – in other words, as quickly as reasonably possible. In certain circumstances, where serious offences are involved, this time period may be extended to 36 hours - and occasionally up to 96 hours (although, in the latter case, the police would first have to obtain appropriate authority from a Magistrates Court).  In such cases, legal representation is crucial.  

Can I influence charging decisions?

Not necessarily. It is a common mistake to believe that the victims of crime have the power to ‘press’ or ‘drop’ charges. In fact, only the prosecuting authority (generally the Crown Prosecution Service) has the power to make this decision. It’s not uncommon for the original police charge to be changed, or added to, at a later date by the prosecutor before the Court.
The prosecutor may well be influenced by the victims when making his or her decision. However, it’s important to note that direct contact with the ‘victim’ or any witness is not advisable: it could lead to a potential breach of bail or the commission of serious offences – with the possibility of a custodial sentence. If you are in any doubt, contact us for advice.  

Do I need representation in Court?

Yes. For any offence that might involve a prison sentence, legal representation in Court is advisable, if not essential. In most cases, you will have been given a charge sheet by the police, with a date for the first hearing in the Magistrates Court. At that first hearing, it should be possible to obtain copies of relevant witness statements and details of the case against you. We can then advise you about the nature and strength of the evidence and what legal defences are available to you. Sometimes, it may be necessary to ask for an adjournment so that we can obtain as much information as possible to fully understand the nature and weight of the evidence. Once you have had a chance to consider your options, we will advise you about how to plead.  
In some cases a person is not charged directly by the police, but may receive a ‘Summons’ by post.  The Summons will advise when and where you should attend Court - but you will still be entitled to know the nature of the case against you and to see the evidence the prosecution will rely on.