FAQs

I have been arrested. What are my rights?

The police are governed by the Police and Criminal Evidence Act 1986 and its Codes of Practice. The most important rights that you have whilst in custody are the right to have somebody notified that you are in custody (strictly speaking there is no right to speak to them yourself) and the right to free and independent legal advice either in person or over the telephone at the police station.

What does a Solicitor do at the police station?

Your Solicitor will protect your rights and ensure you are properly treated. He will secure disclosure from the investigating officers and discuss the disclosure with you in order to advise you as to the strength of the evidence in private conference before your interview, take your account and advise you whether to answer questions or not.

What happens after an Interview?

After your interview, a decision will be taken by the police (sometimes the Crown Prosecution Service are involved) and you will be either: Refused charge - no further action will be taken against you OR

Released on bail and told to return to the police station at a later date (bailed to return) OR

Released under investigation (you are not required to return to the police station, although the police may contact you at a later date) OR

Issued with a fixed penalty ticket or caution OR

Charged and bailed or charged and held in custody to the next available sitting of a Magistrates' Court in the area you have been charged.

Will I get bail?

Bail is generally only refused if the police or courts have substantial grounds for believing that a suspect or defendant will fail to attend court, commit offences on bail or interfere with prosecution witnesses. A decision to refuse bail can be appealed.

What happens at court?

Your first hearing will be at the Magistrates' Court. Depending on the nature of the allegation and sometimes the decisions of the Magistrates, your case will be heard either in the Magistrates' Court or be committed or transferred to the Crown Court. Special provisions apply to young people aged 17 or under who ordinarily appear in a Youth Court.

What can a Solicitor do during a case?

If you plead not guilty, your solicitor will represent you at trial, aim to challenge the prosecution case, and aim to control the prosecution evidence so as to present your case in the best way to achieve an acquittal. Additionally, your solicitor may be able to offer alternative pleas to different charges where appropriate.

Authorised and regulated by the Solicitors Regulation Authority. SRA number: 469490

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