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  • What is a Police Station Rep?

    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. This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

  • What is Common Assault in English Law?

    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 This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

  • What Does A Criminal Solicitor Do? Part 2 - The Magistrates Court

    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 Solicitor 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. This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

  • What Police Stations In Kent Do You Cover And Can Send Police Station Reps or Agents To?

    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. This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

  • Being Interviewed by the Police? Why you need a Criminal Solicitor In The Police Station

    In this post we will tell you why you need a criminal solicitor in the police station if you are arrested in England or Wales. We will also tell you what a criminal solicitor's function is., why the police don't want you to have one and whether or not you'll have to pay for it yourself. We'll also explain what the duty solicitor is, who they are and what their function is. What is a Criminal Solicitors Function? A Criminal Solicitor's function is to represent persons accused of criminal offenses. Their role is to "protect and advance the legal rights of the person accused and to ensure that the police deal with the accused properly and fairly." If you are arrested by the police in England or Wales, you have q right to have a criminal solicitor with you in the police station for any police interview and legal advice at any time if you require it. Legal advice can be given in person or by telephone. All criminal solicitors are independent of the police and must put their clients interests first. Criminal solicitors can provide invaluable support during Police Station Interviews and can ensure that your rights are protected. They can also advise on whether or not to answer any questions in interview posed by the police and will try and find out from the police what evidence they actually hold with regard to the criminal offence they are actually investigating, In England & Wales, the police have an obligation under the Police and Criminal Evidence Act 1984 to ensure that those who are arrested or who consent to a voluntary interview by the police understand that they have a right to free independent legal advice from a solicitor of their choice if they so wish. If the person concerned who is to be interviewed does not know a criminal solicitor who can act for them they have the right to free independent legal advice from a Duty Solicitor. A duty solicitor is a criminal solicitor who is available 24 hours a day, seven days a week to those who have been arrested and do not have their own criminal solicitor. Most criminal solicitor firms have one or more duty solicitors. These are solicitors who will hold additional criminal law qualifications so that they can advise people arrested at police stations or members of the public at court who face criminal charges. These charges can be any criminal offence. Why the police do not want you to have a criminal solicitor in interview? The role of the police is to prevent crimes and protect civilians from harm. The function of the police is threefold: (1) Law enforcement, i.e., ensuring that laws are obeyed; (2) Crime prevention, i.e. to stop crime and (3) Collecting evidence for Criminal Prosecution. The last function that do by investigative interviewing i.e. interviewing suspects. There job is to, within legal guidelines, and where the evidence points prove a case against a suspect. They do that by means of a police interview, done voluntarily or when the suspect is under arrest. Despite what most police officers will say and tell you in interview they are not necessarily impartial. Neither are they often aware of what is and what is not permissible in court. Many officers will, if you request legal advice, seek to drive a wedge between you and your legal adviser in interview. They will say things like "This is your opportunity to give your side of the story", "Your solicitor will not be in Court, you will be." and " If you say 'No comment' the court will think that your lying'. Often police officers will use Psychological tactics to get you to answer their questions. Some will do so by trying to convince you that they are your best friend. Others by saying its your opportunity to get things cleared up and it could be a relief. The police see Criminal solicitors as making their job ( of gaining a successful admission to a offence from a suspect and hence a guilty plea at court) much more difficult As such some police officers will use tactics such as "Having a solicitor in interview will make things longer", "lets just get this over with and you can go free" in order that they gain an admission and for them a successful outcome. Whether or not you have to pay for a Criminal Solicitor in a police interview or in Court? In England and Wales if you are arrested or interviewed voluntarily by the police you do not have to pay for legal advice at the police station unless you want to i.e. you instruct your own solicitor privately. You can opt for a police station duty solicitor instead. He or she will be free not matter what the offence. A duty solicitor is a criminal solicitor who is paid by the Legal Aid Agency to provide free legal representation on behalf of his or her own firm at a particular police station during a rota period i.e 24 hours. A police station duty solicitor can advise you on your rights and on your options. Police station duty solicitors are not Police Officers, are completely independent and not employed by the police. Their overriding duty is to give you free confidential legal advice and act in your interests during the interview making sure that the police apply the law properly and fairly. Magistrates Court duty solicitors in England and Wales provide legal advice to people who are appearing before magistrates. They are free and can represent people at their first appearance in court provided that they have not been represented before and are at risk of custody. i.e. where they are pleading guilty and facing a custodial sentence. They will not however represent people at trials (thought legal aid is available for this) or where the offence is not imprisonable. Conclusion If you are being interviewed by the police, it is in your best interests to have a criminal solicitor present with you for either an interview which occurs voluntarily or one under arrest. It is always important that you take any conversation with the police or any legal authority seriously so as not to jeopardise your future employment opportunities or reputation. This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

  • What Does A Criminal Solicitor Do? Part One - Police Station Representation - The Initial Job

    A Criminal Solicitor in England and Wales is a unique job unlike any other. Unlike other jobs it is essentially an amalgam of different roles. In essence if you are a Criminal Solicitor (for the defence) you will generally provide the following services: Provide Legal Representation to Defendants in the Police Station. 2. Provide Legal Representation to Defendants in the Magistrates Court including Advocacy. 3. Undertake file work and case preparation for Criminal cases in both the Magistrates and the Crown Court. 4. Obtain instructions from Defendants at home, in police stations, Courts and Prisons. 5. If suitably qualified, as a Higher Court Advocate "HCA" represent Clients as an Advocate in the Crown Court. Being a Criminal Solicitor is not a "9 to 5 job" but can be physically and mentally demanding. Defendants can be arrested day or night, 365 days of the year. Most successful criminal solicitors are "Duty Solicitors" contrary to popular belief they are not employed by or in league with the police but are criminal solicitors who have done additional qualifications to enable them to give legal advice to unrepresented Defendants at the police station or at the Magistrates Court. Everyone who is arrested in England and Wales and who are to be interview by the police are entitled to use the duty solicitor. This will be a Criminal Solicitor who is on a rota willing to come out to the police station day or night to represent a unrepresented defendant. Their services are free and they partake in the duty rota according to the available slots. Most duty solicitors will do 24 hours on a rota and hence it can be physically and mentally demanding representing defendants with little notice and little sleep. Again contrary to popular belief being a criminal solicitor is not well paid. Most Criminal Solicitors are paid by the Legal Aid Agency who pay their criminal solicitors firm a set rate per police station. This can be despite the number of hours they attend; the seriousness of the case or the time of day. Some fees are as low as £208 for a whole case however many the attendances. This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

  • Released Under Investigation Versus Bail

    Released under Investigation Versus Bail The charges have been dropped, but the damage has been done. Your reputation is in tatters, you may have lost your job, and your family is struggling to cope. You were released under investigation (RUI) instead of on bail, but what does that mean for you? Is there any difference between the two? Unfortunately, the answer is not clear cut: When someone has been arrested by police, they will either be released under investigation (RUI) or bailed. Released under investigation means that the person is allowed to go free with no conditions but further investigations into their case may take place and the individual may still face prosecution or other action in due course. Bailed means that the person can also go free, but only on certain conditions laid down by police such as attending a police station regularly, abiding by set curfews and restrictions, or even staying out of specified areas. It's important to note that being released under investigation does not necessarily mean an individual is innocent or guilty - this simply means the police have insufficient evidence at the time of arrest to charge them. Released under investigation can also last much longer than police bail, with no automatic time limit. It may take months or even years for the police to decide if prosecution should go ahead or not, but the individual may still remain under investigation during this period. The decision of whether someone is released under investigation or bailed will depend on a variety of factors such as the severity and nature of the alleged crime and any previous convictions or criminal activity. It's also important to note that being released under investigation does not mean an individual can't be arrested again - they could be re-arrested at any time in connection with the same offence. It is therefore essential for individuals who have been arrested and either Released Under Investigation (RUI) or Bailed to seek legal advice and support as soon as possible in order to understand what is happening and protect their rights. This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

  • Getting Your Property Returned By The Police In The UK

    In order to get your property back after your release from Police detention in the Uk you need to follow these simple steps: Confirm with the investigating officer that the property is no longer needed as either an exhibit in a court case or that it needs to be retained for further investigation as to its ownership. Property that has been seized by the police will not be returned if it is needed as an exhibit or there is doubt as to your ownership. You will need to provide proof to the investigating officer that the property is actually yours. Generally the police will expect you to provide things like receipts etc if the item has been bought or some kind of proof that the item is legally yours. Please note that things like a V5 for a motor car is not proof of ownership and police will generally expect to see some kind of paper trail as to your ownership of the items concerned . You will need written confirmation from the investigating officer that the item (s) will be returned to you. Usually every police force have their own internal procedures. They can most often be found on the relevant police force's website. You will need the investigating officer's name, force number and telephone number if you wish to make any enquiries about it. Most UK police forces have a contact facility on their website. If not phone the police control room using 101 and they can usually leave a message for the investigating officer who will pick it up when he or she are next on shift. If you are not sure of the details look for any papers that you were given by the police when your were released i.e. bail paperwork. It will probably be on that. Be prepared for a wait Most UK police forces store property at a central location i.e. car pound or a property office. You will need to take any authority from the police officer and in some cases make an appointment in order to pick the property up. The police will only return the property if they can do so legally. If there is any doubt as to its ownership they will retain it. They will normally return the property to its registered owner and only if in doing so that person will not commit a criminal offence. I.e. if you are picking up a motor car they will expect to see your full driving licence and insurance as well as any registration documents. If you do not have a licence, do not have insurance or your documentation is not in order they will not release it to you Please note that if you simply turn up at the police station expecting your property to be returned to you there and then you are likely to be disappointed. Most police forces in the UK will not release property if they do not have a written authorisation from the officer in the case that it can be released . Do not expect your solicitor or legal representative to get the property back for you free of charge or do work you can easily do yourself. Criminal solicitors or legal representatives in England and Wales do not get paid by the legal aid agency to spend time to get property returned from the police in the uk. . With the paltry figure of legal aid funding being what it is any criminal solicitor in the UK can simply not afford to chase police officers to get your property back. Even if they do that property may then become subject to a statutory charge if you have signed legal aid forms . Most solicitors simply do not have time. Be prepared to go to court to get your property back Property can be seized using civil proceedings by the police. Usually this is done there will be a court hearing when you can make representations to the court as to why you should get that property back. This is a civil court matter and is not usually legally aided. You may also decide that you wish to make a complaint to the magistrates court regarding your property and issue proceedings. This is not covered by legal aid and would have to be paid for privately. This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

  • The Unseen Errors: Navigating Common Pitfalls in Police Station Interviews

    Navigating a police station interview can be a daunting experience. Whether you find yourself questioning or being questioned, there are common pitfalls that many individuals fall into when faced with this high-pressure situation. Understanding these errors and knowing how to avoid them can make a significant difference in the outcome of your interaction with law enforcement. Let's delve into the unseen errors that can occur during police station interviews. 1. Lack of Legal Representation One of the most crucial mistakes individuals make during police station interviews is not seeking legal representation. It's easy to underestimate the gravity of the situation and believe that you can handle it on your own. However, having a lawyer present can provide you with invaluable guidance, ensuring that your rights are protected and that you make informed decisions throughout the process. 2. Volunteering Too Much Information In the heat of the moment, it's common for individuals to feel compelled to provide as much information as possible in an effort to appear cooperative. However, this can often backfire, as divulging unnecessary information can inadvertently incriminate you or complicate the situation. It's essential to strike a balance between cooperation and protecting your interests. 3. Failure to Remain Silent One of the rights you have during a police station interview is the right to remain silent. Some individuals make the mistake of feeling obligated to answer every question posed to them. Remember, anything you say can be used against you, so exercising your right to remain silent until you have legal counsel present is crucial in safeguarding your interests. 4. Misunderstanding the Purpose of the Interview Many people walk into police station interviews without a clear understanding of why they are being questioned or the potential implications of their statements. It's essential to be aware that the primary goal of law enforcement is to gather evidence, and your statements could be used in ways you may not anticipate. Having this awareness can help you approach the interview more cautiously. 5. Agreeing to Searches Without Legal Consultation The pressure of the moment can sometimes lead individuals to agree to searches without fully understanding their rights or consulting with legal counsel. In conclusion, police station interviews can be complex and intimidating, but being aware of common mistakes can help you navigate them more effectively. Remember, seeking legal representation, knowing your rights, and approaching the interview with caution are key steps towards safeguarding your interests during this critical process. Don't let the unseen errors trip you up. Approach police station interviews with care, caution, and the knowledge needed to protect yourself in these high-stakes situations. Your rights and future may depend on it. This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

  • The Police Caution Means? -Police Station Agent

    From Police Station Agent: The Police Caution is: "You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you may later rely on in Court. Anything you do say may be given in evidence" What does it actually mean? Well. The first bit is quite straightforward. You do not have to say anything. Other than giving the police your name and address i..e. enough details to identify yourself you are not actually obliged to say anything to the Police hence the words "You do not have to say anything. You can be silent, reply "No comment" or give an explanation. Its down to you. Get advice from someone like police station agent! The last bit is also straight forward and is especially important if you do give an explanation. "Anything you do say can be given in evidence". This means that anything you do say can be given in evidence to a court. Beware there is no such thing as a "off the record" chat with a Police officer or anyone who gives you that caution. There are many people in Prison today who decided to try and tell a investigating officer of some fact off the record. That fact can and will be given in evidence. The confusing bit is the middle for most people. "It may harm your defence if you do not mention when questioned something which you later rely on in Court." Well what does that mean? Police station agent states: "In essence if you later rely on a fact, eg "I wasn't there. I was at X's" at the time of the crime and do not mention it when questioned later on in the police station in a properly valid police interview it can harm your defence. i.e. The Court may think you are lying when you tell them later on in Court and it can damage your case. " Therefore You need a Solicitor in the Police Station. Its free for everyone who is going to be interviewed by the Police. Ask for Legal advice if you are going to be interviewed. Its free and the Police must arrange it. This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

  • Police Station Representation.

    Police station representation - By Police Station Agent - Police Station Reps Will I need it? I have just been invited in by the Police for a chat? (1). The short answer is Yes. Here’s why? (a) You are a suspect in a Criminal Case. The Police must arrest a person when they  have reasonable  grounds to suspect a person’s involvement or suspected involvement or attempted involvement in the commission of a criminal offence; AND they have reasonable grounds for believing that the person’s arrest is “necessary.” The arrest must be necessary for one of the 9 reasons mentioned below:- a) to enable the name (and address) of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person’s name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name); (b) … ; (c) to prevent the person in question- (i) causing physical injury to himself or any other person; (ii) suffering physical injury; (iii) causing loss of or damage to property; (iv) committing an offence against public decency (subject to subsection (6)); or (v) causing an unlawful obstruction of the highway; (d) to protect a child or other vulnerable person from the person in question; (e) to allow the prompt and effective investigation of the offence or of the conduct of the person in question; (f) to prevent any prosecution for the offence from being hindered by the disappearance of the person in question. (b) The outcome of the case could have a dramatic effect on your career and/or your life in the near future. If the Police or Crown Prosecution service believe that you have committed a Criminal offence there is a whole array of disposals that could apply to your case. Some of the options include a fixed penalty, a Caution (warning) if you are an adult, a charge (a direction that you must appear at court to answer an allegation on a specific date) or you may be charged and remanded to appear at the next available court. If you are a Youth the options are even more varied. Utilising free Police station representation and being legally represented at the Police Station by someone like police station agent and their solicitors and accredited police station representatives , can assist you through the minefield of possible disposals and the best way to deal with your case. (c) It’s Free! In England and Wales, there is no charge for Legal Representation at the Police Station. Police station representation is  free and provided by the Legal Aid Agency. The Police must obtain a solicitor to represent you if you so request.  You can have your own solicitor if he deals with criminal cases or a duty solicitor all of whom can be provided by police station agent. The Solicitor must and will be independent of the Police. All requests for a Solicitor go through the duty call centre. If you wish you can pay for your own solicitor. (d) You need Independent advice The Police are not Solicitors. Their function is to uphold the law. They owe no duty to you to advise you how best to deal with the situation you may find yourself in, in a police station. A Solicitor such as one like police station agent is independent and must always act in their client’s best interests. What Happens If I Am Invited In By Police For A Chat? (a) There is no such thing as being invited in by police for a chat! If you are asked to attend a police station to be interviewed with regard to a matter you are a suspect. You can be asked to attend a police station voluntarily. As such, if you agree, the necessity conditions to arrest you may not apply and as such the police may decide not to arrest you. You are still a Suspect! You can still be Charged! There is no such thing as a Chat! You need Legal Advice. It is still free and we strongly advise you to ask the police to arrange it. They must do so. This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

  • What's A Voluntary Police Interview?

    So you have received a phone call from the Police after that unfortunate incident last week? They want to have a little chat? Would you mind coming down to the police station on Thursday at 10.a.m....Just to get your side of the story..You ask? Do I need a Lawyer? Matter for you?..They say? Its only a voluntary interview? What should you do? You ask your friends and family. None of them quite know what is a voluntary interview? You ask members of your family? Surely if you were in trouble the Police would arrest you? Relieved! You turn up on the day...How wrong you were! What is a voluntary interview? A voluntary interview is where a police officer asks you to attend at a police station to be interviewed about a criminal offence. The first thing to realise is that your ARE a SUSPECT for that Criminal offence. Due to recent changes in the Criminal Law the police can only now arrest you for a criminal offence if they can show that it is necessary to do so i.e. to secure or preserve evidence or due to the fact that you will not attend the police station so that you can be interviewed voluntarily. A voluntary interview has the same status in law as one that has been conducted when you are under arrest. You have a free right to legal advice ! and the police must offer it to you at the beginning of any interview for a criminal offence. Frequently we find police officers do not make suspects aware that a voluntary interview means that they are suspected of having committed a criminal offence or they conveniently forget to point out to the attendee that they are entitled to free legal advice either through the local free duty solicitor scheme administered by the legal aid agency. Free legal advice is also available at the police station or anywhere where you are interviewed by a police constable in uniform from a criminal solicitor's firm. At the beginning of any interview you will be told that you are entitled to free legal advice either in person or on the telephone from the duty solicitor. We strongly advise you to not fall into the trap of thinking that such advice is not needed and that asking for such advice will make you appear guilty in the eyes of the police. The police's job is to enforce the criminal law and to bring, who they believe to have broken it before a court. They are not lawyers and have no duty to you to give you free independent advice about what you should do in a police interview and how to protect your legal position. A criminal solicitor representing you in interview can often make the difference between you being charged with an offence following an interview or not. Legal advice is available from the duty solicitor scheme 24 hours a day, seven days a week. 365 days a year including bank holidays, Christmas Day and Boxing Day and during all unsociable hours. It is free. It is not means tested. You do not have to pay a penny. Frequently the police will try and discourage you from having such advice stating it will take time for the solicitor to attend the police station. All criminal solicitors who are duty solicitors must attend the police station within 45 minutes of being informed that the police are ready to interview you. Waiting 45 minutes or less for a solicitor to attend on you at interview could make the difference between:- (1) Getting a criminal record or not. (2) Going to prison for a lengthy time or not. (3) No further action being taken against you by the police or the prosecution or not. (4) Being detained for an inordinate length of time while the police investigate the matter or not? Police station advice is free. You do not pay for it. Can you afford not to take it up? This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

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Reg Office Address: Greenacre, London Road, West Kingsdown, Sevenoaks, Kent, England, United Kingdom, TN15 6ER.

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