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voluntary interview with police So, you have just had a unexpected phone call from the police. They have asked you to come to the police station next tuesday at midday for a little chat! Something about a voluntary interview? They have asked you if you want a lawyer? What should you expect? Whats going to happen? Surely nothing at all...Right? Afraid you are wrong! Obtain free legal advice now.........! There is no such thing as a cozy chat with the police in England and Wales. If you have been asked to attend at a police station in England and Wales for a voluntary interview you are undoubtedly a suspect for a criminal offence. Due to recent procedural changes in police rules police now have to show that there is a necessity to arrest a suspect to interview them about any criminal offence. To arrest someone to question them they must show: Arrest is necessary to secure or preserve evidence by questioning or Evidence cannot be obtained by any other way. This means that more and more the police are inviting suspects in for voluntary interviews. What actually happens at a voluntary interview? and do you need legal advice? What actually happens at a voluntary interview? The police will, when you arrive at a police station, usually invite you into a private room and undertake a risk assessment on you. They will ask you things like have you had any drugs or alcohol prior to your attendance, do you suffer from any medical or mental health problems and is there any reason why you cannot be interviewed now? This is important from their point of view now as you might claim later in court you were not fit to be interviewed. They will also ask you if you want legal advice. Say yes! Legal advice in England and Wales is entirely free when you are interviewed by the police. Ask for your own solicitor if he undertakes criminal work or the duty solicitor if you do not have one. It is usually a good idea if you know in advance that the police wish to speak to you to contact a criminal solicitor in advance. Policestationagent.com can assist if you do not know of anyone with names of local firms. The police will then take you into a private interview room where there will be recording equipment of some kind. The interview will usually be video and audio recorded. This will be so that you cannot dispute later on saying something that the police said that you did in interview. The police will then switch the recording equipment on and ask you to say your name; your date of birth and your address. They will tell you that you are entitled to free and independent legal advice which includes the right to speak to a solicitor on the telephone. You can do it now or at any time whilst your at a police station. Do not make the mistake of asking the police should you ask for legal advice? The police represent the prosecution in any criminal matter. Their job is not to protect your legal interests but to prevent crime; arrest criminals and secure, by whatever legal means necessary convictions of those that break the criminal law. From their point of view, you having a free criminal solicitor in interview makes their job ten times hardier. After all they will give you independent advice on your legal position. You may not have committed the offence. The officer is committed to preventing crime and securing convictions. Anything that gets in the way of that is seen as a hindrance. Do not be dissuaded from obtaining free legal advice. It could make the difference between walking free from court later on or being sent to gaol. The police officer will then state they will give you a notice of rights and entitlements at the end of the interview! They will usually at this point inform you that you are not under arrest as its a voluntary interview and are free to leave at any time. Some officers will however then inform you that if you do decide to leave, they may have to arrest you to ensure the interview is carried out! They will then caution you. They will say: "You do not have to say anything. It can 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". Explanation and part 2 coming soon............ If you have a voluntary police interview in Kent and want free legal representation, please contact police station agent on 07535 494446 for free police station representation by Robert Cashman a fully qualified criminal solicitor who works on behalf of tuckers solicitors.

No Further Action after Police Interview Following a voluntary police interview you will usually be reported for consideration of a summons. The officer will say to you: Because you are free to leave and not under arrest I am reporting you for consideration of summons for the offence of (The alleged offence) and any other offences connected with it. You do not have to say anything but it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given in evidence. This is done to formally inform you you MAY be prosecuted - Please note NOT that YOU WILL BE. It is a convenient way of informing you that you may receive a summons for the offences. It is done this way so that if you are summonsed there is no need for you to come back to the police station. Timescales It is usually impossible to give you a clear timescale as to when or if a prosecution may take place following a voluntary interview. This is because usually the case has to be referred to a decision maker; ie. supervisor of the officer who interviewed you or the Crown Prosecution Service. What are the possible outcomes? - Note these are just a few! 1. Summons in the post This is where you receive a summons in the post summoning you to attend a particular court on a particular date and time to answer the allegation. It may contain a summary of the allegation; a means form and details of what may happen in court. You must attend on the date and time specified. If not the Court may in certain circumstances issues a warrant for your arrest if the prosecution can prove that you have received the summons and not attended court without good reason. The summons is sometimes referred to as a 'Requisition' 2. Police Caution/Conditional Caution This is where you are given a formal warning by the police. In order to be given a caution you have to admit the offence. A caution should not be given by the police where you deny the offence. To be offered a caution the case should be referred to a person who is at least the rank of sergeant. There must be sufficient evidence to provide a realistic prospect of conviction for a caution to be given. Whilst not a criminal offence it will be recorded on the police national computer. It can later be cited in court. It does not prevent prosecution for a offence if new evidence comes to light and it will have implications for jobs in that it could be recorded on a disclosure and barring list making the person receiving it being barred from certain jobs and may also have implications for entry to foreign countries where a vis is required. It can only be given to an adult over 18. There are different procedures for juveniles. A conditional caution is where the police offer a caution which is conditional on conditions specified by the police are complied with. It could for instance include a requirement to take place in a drug or alcohol course. The offender must sign a document containing details of the offence; the fact that they admit it and consent to the conditions of the caution. 3. No further action. This is where the police inform you that no further action will be taken in the matter. Please note it is not a automatic bar to prosecution should new evidence come to light regarding the offence. A person may be arrested in future for the same offence if this is the case. If you have a voluntary police interview in England or Wales and want free legal representation either at a voluntary interview or if you have been arrested please contact police station agent on 07535 494446 for free police station representation by Robert Cashman a fully qualified criminal solicitor who works on behalf of Tuckers solicitors.

In England and Wales, police officers use the police caution as a verbal statement delivered to a suspect when they are arrested or interviewed. The police caution advises the suspect of their legal rights and the potential consequences of remaining silent or providing false information to the police. This webpage aims to provide an overview of the police caution and its significance in criminal law. What is a police caution? The police caution is a statement delivered by a police officer to a suspect who is under arrest or being interviewed as a voluntary attendee. The caution wording is standardized and typically reads: "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence." The purpose of the police caution is to ensure that the suspect understands their legal rights and the potential consequences of their actions. What are the legal rights of a suspect? Upon arrest, a suspect has several legal rights, including: The right to remain silent: A suspect has the right to remain silent and not incriminate themselves. They do not have to answer any questions or make any statements if they do not want to. The right to legal representation: A suspect has the right to have a solicitor present during questioning or to consult with a solicitor before answering any questions. The right to medical attention: A suspect has the right to medical attention if they need it. The right to inform someone: A suspect has the right to inform someone of their arrest and whereabouts. What are the consequences of ignoring the police caution? If a suspect ignores the police caution and provides false information to the police, or fails to mention anything which they later rely on in court, it may harm their defence. This is because their credibility may be called into question, and their defence may be weakened, as they failed to disclose relevant information or provide truthful answers during the investigation. Additionally, any statements made by the suspect may be admissible as evidence in court, which can be used against them in a prosecution. Conclusion In conclusion, the police caution is a crucial element of the criminal justice process in England and Wales. It ensures that a suspect understands their legal rights and the consequences of their actions. Suspects should pay close attention to the caution and seek legal advice if they are unsure about their rights or how to proceed. By understanding the police caution, suspects can help protect their legal interests, and ensure that they receive a fair and just trial.

A Duty Solicitor is A Criminal Solicitor - independent of the Police or the Crown Prosecution Service who provides free legal advice and representation at Police Stations or Magistrates Court to people suspected or charged with a a criminal offence. 2. Usually works for a Criminal Solicitor's firm within the local area. The firm will be contracted by the Legal Aid Agency to provide those services at local courts and police stations at times and dates specified on a duty rota. Anyone who asks for legal advice assistance or representation during those times can request the services of the Duty Solicitor (subject to certain exceptions) 3. Is fully independent of both the police and the court service. Is duty bound to provide the best independent legal advice and assistance and representation to their particular client. (Note it is a common fallacy that if you ask for the Duty Solicitor they are working with the Police - they do not and incidentally most Criminal Firms who do private work have Duty Solicitors as well) 4. Will be Legally qualified and experts in Criminal Law. To be a police station duty solicitor will have passed a qualifying exam, a practical police station assessment and passed a portfolio assessment of at least 9 police stations. To be a Magistrates Court Duty Solicitor will have passed an advocacy test and a portfolio assessment. 5. Will be extremely experienced and may also have further qualifications in Criminal law - Could also be a Higher Court Advocate - qualified to represent clients in the Crown Court. Most solicitors will have a law degree and done two years training in a law firm and at least have one years practical experience on top before they become a duty solicitor. 6. Will be committed to social justice and what they do. Most Criminal Solicitors are not fat cats" and most earn less that £40,000 per year if that. This is for a 7 day week 24 hour a day job. It is a sad fact that your plumber will proabably earn three times the rate they do. The author of this article is Robert Cashman, a Criminal Solicitor and Higher Court Advocate who maintains the Police Station Agent website. He may be contacted on (07535) 494446. Robert practices in Kent Court and Police Stations on a daily basis for Police Station Agent and a major national criminal solicitors practice.

At the moment we can cover easily the following police stations with ease with our police station reps: (in no particular order) Ashford Police Station Bluewater Police Station Canterbury Police Station Coldhabour (Road Traffic) Police Station Dover Priory Customs and Excise Folkestone Police Station Maidistone Police Station Margate Police Station Medway (Gillingham) Police Station North Kent (Gravesend) Police Station Sittingbourne Police Station Swanley Police Station Tonbridge Police Station Tunbridge Wells Police Station We can also attend at Clients homes in Kent. We offer other services by arrangement and negotiation. Call us on 07451 245075....

Top Ten Tips For A Police Station Rep & Tips For The Newly Qualified Police Station Rep (1) Read the Custody Record Thoroughly. If you are an experienced police station rep you will know that the custody record can be a useful source of information obtainable from the police that may not be recorded elsewhere. Often it will list the client property and this may lead to you pursuing additional lines of disclosure which otherwise you may not have been aware of. It may record the client's mental health position; whether or not the client was intoxicated and many other useful bits of information. Always read it! You never know how useful it could be until you've examined it thoroughly. (2) DDO's can be a useful source of information. Often the DDO (designated detention officer) will know more about your client than the custody sergeant or the officer in the case. After all, he/she may have been caring for them and dealing face to face for many hours. Many DDO's are highly experienced and have been in the job for some time. As such they will often be able to tell you who are the "old lags" and who have only been arrested for the first time recently. (3) Don't rely on what the client tells you for information. Many years ago as one of a number of newly qualified police station reps I made the unfortunate decision to rely on what a client had told me as to her previous convictions. This client who was very criminally experience had obviously spotted me as a "new face". In consultation, she told me she had no previous convictions. This was a shop theft case. I made representations to the custody sergeant following interview in which she admitted the offence he might want to consider the possibility of the caution. The quick retort came back "Have you looked at your client 17 pages of previous convictions?" A valuable lesson was learned that day............. (4) Its not what the Officer tells you it's what he does not say In all police forces that I have represented clients in it has been standard police practice to withhold important pieces of information from the police station representative. This is according to the police at least so that they can "test the clients account in an interview". Always be on the alert for what the officer could be hiding from you in terms of disclosure. It is particularly prevalent with newly qualified or probationer police officers. Often you will get a standard phrase "That is all I am prepared to disclose at this present time". Or "I believe that I have given you sufficient disclosure in order that you can advise your client". Quite often, the police do not seem to understand that the legal representative's role is to protect and advise their client. Sometimes disclosure is so inadequate your only option is to advise the client to go " no comment" in an interview. Do not be afraid to say this on tape when it comes to the police interviewing your client or intervening when they come up with new pieces of information. (5) Don't be afraid to intervene in the interview. Ed Capes Defending Suspects At Police Stations is the book to consult with regard to what type of questions to object to in police interviews and why. Read it! Don't be afraid to intervene in police interviews if you feel that the questioning is unfair. You are not there simply to act as an observer. Remember the Cardiff six case. (6) If you're going to have a disagreement with a police officer make sure it's been recorded. Where humanly possible if you know you're going to have a disagreement with a police officer try and ensure that it is recorded. The best place to do this is in the police interview.  You will find that even the most disagreeable, arrogant and difficult officer will struggle when you explain politely and on tape what your request is. As it is recorded the whole interaction can be referred later to in court. (7) Disclosure, Disclosure, Disclosure Like it or not your job is to get the most disclosure that you can for your client that you can possibly can.  Police officers will often try and hold as much as they can back.  Withholding of disclosure is especially prevalent with newly qualified or probationer police officers.  Often they seem to have been taught by rote. You may need to explain to them that the less you know about the alleged offence the more likely that you will have to advise your client that you do not have enough information and that he should go "No comment". Do not be afraid to do a prepared statement in these circumstances. (8) Let clients know their chances of bail. It is important to be realistic with clients as to their chances of bail especially if they are likely to be charged.  You will do yourself no favours or the client if you mislead him as to his chances. Be realistic. Often this is the first and only thing on the client's mind. Give a reasoned explanation as to why/why not he may not get bail on this occasion and you will keep the client for life. (9) Be realistic with outcomes Never lie to a client as to the possible outcome of a case. Often you will not have enough information to say what could happen. Tell the client the possibilities in a calm and measured way and be realistic. Don't fall into the trap however and saying what the client wants to hear! (10) Police stations will be ready at inconvenient times. Police stations are rarely ready at 9 a.m. on Monday mornings when you have nothing else to do. They will be usually ready late at night, on evenings when you have things planned, on bank holidays and at weekends. Remember this is a way of life, not a job. I always have my bag packed, full of forms with me as you can never tell when the next police station will be ready!

I want to become a Police Station Rep? - by Police Station Representative Directory What do I need? (a) Boundless energy and enthusiasm! (b) Willing to work at unsocial hours. Most, good (but not all) Police Station Reps work very antisocial hours similar to the force area that they work in. Interviews usually take place according to their shift patterns ie In the area where I work, i.e. Kent. Police shifts run from 7 am to 2 p.m, 2 p.m. to 10 p.m. and 10 p.m to 7 a.m. (c) Ability to get on with a wide variety of people from all kind of different backgrounds. In my 25 years of doing this job I have dealt with all types of people, from drug addicts to High Court Judges. Clients may be aggressive, rude, difficult, demanding and can also be a joy to work with. You will hear stories of great suffering and great tragedy. Everyone has a story. In many cases you may not agree with their reasons for what they may have done but you will soon realise that everyone has a story. You will also need to get on with police officers who assume everyone is guilty just because they have been arrested. (d) Empathy You will need quite often to put yourself in the client's shoes. To be able to see the world from their viewpoint. (e) A belief in Social Justice Believe me! This helps. You must believe that everyone irrespective of race, creed or colour or indeed anything else, has a duty to be treated with dignity and respect whatever they are accused of doing. That even the worst mass murderer in history, whatever your personal feelings, should be treated according to the law and as a fellow human being. (f) Police Station Accreditation A little about that later......Warning! You have to pass exams! and then you can register on our police station representative directory. (g) Contacts with Local Criminal Defence Firms You won't be very good if no one wants to instruct you. and last of all (h) A very thick skin You will be constantly asked by Friends, family and neighbours ,questions like How can you represent someone if you know he did it? Is he/she guilty? The answer to that is: The court decides if he/she is guilty, not me. And I can't tell you because what my client has told me is confidential and I cannot and will not reveal it. The principle of client confidentiality is paramount. Not even a court can force you to say what your client told you in confidence. Brought to you by policestationrepuk.com - police station representative directory

What Does a Police Station Representative Do? A Police Station Rep (often called Police Station Representative or Police Station Reps) is a Legal representative instructed by a Criminal Solicitors Practice to assist that firm's client when they are interviewed by the police on suspicion of committing a criminal offence. They will hold a legal qualification of some kind. Currently to be a Police Station representative - "Police station rep" they will usually have to be " accredited". They will either hold a qualification in Criminal Law i.e. a Law degree or will need to pass a exam in Criminal Law. They will then have to submit a portfolio of police station attendances demonstrating their knowledge and practice before undertaking a Practical Test They will hold a legal qualification of some kind. Currently to be a Police Station representative - As a police station representative, they may, if they are self employed they will work long hours. Police interviews can often be at any time of the day or night. Police forces interview detainees all year round. Police station custody suites are open 24 hours a day, 7 days a week and 365 days a year including public holidays and Xmas. As a Police station rep their advice at the police station could make the difference between the police taking no further action against their client or a lengthy prison sentence. of police station attendances demonstrating your knowledge and practice before undertaking a Practical Test The role of the Police Station Rep is to: - offer advice and support to the client during the interview process; - ensure that the interview is conducted fairly, in accordance with PACE (Police and Criminal Evidence Act 1984) and that the client’s human rights are not breached; - take detailed notes of what is said during the interview; - challenge any inconsistencies in the police officer’s account of events. If you have been arrested or interviewed under caution by the police, it is always advisable to have a Police Station Rep present. Having a legal representative with you will help to put you at ease and will ensure that your interests are protected throughout the process. At the beginning of any police interview in England or Wales the police will caution your client. They will say "You do not have to say anything but it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence." This means that the client has the right to remain silent but anything they do say can be used against them as evidence in Court. They have the right to free and independent legal advice from a Solicitor or police station representative at any time during the police interview process. If they are under 18 years of age, or have a mental disorder which affects their ability to understand what is happening, the police must allow an appropriate adult to be present during any interview. An “appropriate adult” could be a parent, carer, social worker or someone else over 18 who is not connected with the case. If they have been arrested, the police must inform them of their right to free and independent legal advice as soon as possible. If they are interviewed under caution at a police station, the police should give them the opportunity to speak to a Solicitor or police station representative before the interview begins. You can find more information on Police Station Representatives here at https://www.policestationagent.com or https://www.policestationrepuk.com

As I have mentioned elsewhere being a Criminal Solicitor is rather a unique job. In the Magistrates Court, If you work as a successful defence criminal solicitor solicitor you will generally be providing the following services for your clients: 1. Dealing with First Appearences. This could mean that you are advising on the appropriate pleas to offences/ mode of trial - i.e helping your client to decide, where he has the option, which court the case will be tried in and the thorny issue of bail. As a Criminal Slicitor you will act as an Advocate for your client in Court. For instance in a bail application you may be putting forward suggested bail conditions to the magistrates; dealing with the prosecutions objections to bail and telling the magistrates about your clients personal charaterstics. You may be advising him whether to plead guilty or to opt for a trial. You will be recomending whether or not, if he/she has the option to take the case to the Crown Court or not. You will also advise him/her on possible sentence and hiis/her chances of being granted bail if he or she has been remanded into custody. 2. Dealing with second bail applications. If a defendant has been remanded into custody by the magistrates court, if his case continues to be heard in that court he is generally entitled to a second bail application as of right. You will be dealing with the prosecutions objections to bail and generally trying to convince the magistrates that your client should be granted bail. In certain circumstances you may with cases be seeking to persuade the magistatrates that there has been a "change of circumstances". This is usually when you feel your client is entitled to a new bail application and the two previous bail applications made as of right have been refused. 3. Dealing with Trials You will be representing the client as criminal solicitor when the court is deciding whether or not the defendant is guilty of a particular offence or offences. The general rule is that the prosecution bring the case; the prosecution must prove their case. This is to a high standard of proof "beyond all reasonable doubt", "so that the magistrates are satisfied so that they are sure". You will, as a criminal solicitor need to have a sound grasp of the rules of evidence; the criminal procedure rules; criminal advocacy and your clients case. Your clients future may depend on it as in the magistrates court he can be sentenced to up to 12 months in prison for two "either way" offences. 4. Dealing with sentence. As a criminal solicitor you will need to know the sentencing guidelines for offences and the associated case law and where to find them. You must be experienced in the powers of persuasion and applying the facts of a case and appropriate sentence to your client. You must be able to grasp details quickly and assimilate them from documents such as pre-sentence reports, medical reports and expert reports weaving them into a coherent and cogent argument with little notice. Robert Cashman is a Criminal Solicitor with Tuckers Solicitors. He offers Private and Legal aid representation as a criminal solicitor at the police station and in courts through Tuckers Solicitors. If you wish to instruct himqith regard to a criminal case please phone 07987 021 130 or contact him through his website criminalsolicitor.org

What does it mean? So you have had a phone call from the police officer following your voluntary interview at the local police station. They have told your files been marked "No Further Action" or "Refused Charge". What does that mean? 1. At this moment in time, your case will no longer be proceeded with. There is insufficient evidence to charge at this time a criminal offence However, you should be aware there is nothing to stop you being arrested or invited in for an interview should new evidence come to light, even if this is years or decades in the future. There is no statute of limitations in England and Wales. This means there is no time bar to any future prosecution or arrest in the future. 2. You should get any item or property back, provided the police cannot prove that it is criminal property or could be the subject of legal proceedings. Often the police will ask you to sign a disclaimer disclaiming all rights to the property. You should know that if you do so, you will lose all ownership to the property. This means you will not get it back. It does not mean should evidence come to light that it was not yours in the first place that you will not be arrested, charged and prosecuted. You should also be aware that it does not stop the police or anyone else taking civil proceedings against you with regard to the property. It just means that at this time the police believe that they cannot prove the case against you "beyond all reasonable doubt" so that the jury or magistrates are satisfied so that they are sure that you have committed the offence. 3. It does not mean that any property initially seized by the police is automatically yours and you cannot be sued for the return or damage to that property, Seizure and return of property by the police does not mean that property is not "stolen". Just that the police, at this time, cannot prove that it is. It does not stop civil claims being instituted against you by the "owner". Any civil claim will be considered by a civil court on the balance of probabilities, i.e. is it more likely than not that it is the claimants. This is completely different to the criminal burden of proof. If you require police station representation in the Kent area, please call Robert Cashman on 07897 015550

Common Assault in English Law is "using or threatening unlawful violence" It can be sometimes made up of two separate and distinct offences. An Assault - where the defendant intentionally or recklessly causes another to apprehend immediate and unlawful violence and A Battery - where the defendant intentionally or recklessly inflicts unlawful force. Common Assault is an offence that is triable only summarily. This means it can only be tried in the Magistrates Court. The Maximum sentence for Common Assault is six months imprisonment (although the racially or religiously aggravated form of the offence caries more). The only real defence to Common Assault in English Law is self defence though you can consent to common assault i.e. in the course of sport. The Sentencing Council produces sentencing guidelines for Common Assault which you can find here. The Courts always take domestic assaults very seriously as do the Crown Prosecution Service. The Crown Prosecutions Service approach to Domestic Violence is here NB The Author Robert Cashman can defend people accused of domestic violence through his links with Tuckers Solicitors. Robert is contactable on 07897 020 130