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  • What Does A Police Station Representative Do?

    Introduction In the realm of criminal justice, the role of a police station representative is crucial. They are the first line of legal defense for individuals who find themselves in police custody. This post will delve into the responsibilities and duties of a police station representative, shedding light on their significance in providing legal advice during criminal proceedings. Understanding the Role of a Police Station Representative A police station representative, sometimes also known as a duty solicitor, plays an integral part in ensuring that individuals' rights are upheld during their interactions with law enforcement. They provide legal representation to those detained or questioned by the police, ensuring that their clients understand their rights and are treated fairly throughout the process. The primary responsibility of a police station representative is to offer immediate legal advice to individuals held at the police station. This could be someone arrested on suspicion of committing a crime or someone voluntarily attending an interview under caution. Providing Legal Advice One of the key tasks performed by a police station representative is providing legal advice to clients. This involves explaining complex legal concepts in simple terms so that clients can make informed decisions about how they wish to proceed. The advice given by these representatives can cover various aspects, such as whether or not to answer questions during an interview, understanding charges brought against them, potential outcomes if charged with an offense, and possible defenses they could use in court. Moreover, they also advise on matters related to bail and conditions imposed upon release from custody. In essence, they guide individuals through every step of their journey through the criminal justice system. Ensuring Fair Criminal Proceedings Another critical aspect of what a police station representative does involves ensuring fair criminal proceedings. They play an instrumental role in safeguarding clients' rights during interviews under caution - whether these take place at a police station following arrest or elsewhere voluntarily. The representative will be present during these interviews, ensuring that the police conduct them in accordance with legal guidelines. They are there to intervene if they believe their client is being unfairly treated or if the police breach any rules during the interview process. In addition, police station representatives also liaise with the police on behalf of their clients. This can involve negotiating for their release, challenging any conditions imposed upon them, or even making representations about the appropriateness of certain charges. Providing Legal Representation Aside from offering legal advice and ensuring fair proceedings, a police station representative also provides legal representation for their clients. This means they act on behalf of their client in all interactions with law enforcement and other legal entities. They may represent their client during court proceedings, arguing on their behalf and presenting evidence to support their case. They also handle all paperwork related to the case, including preparing statements and gathering evidence. Conclusion In conclusion, a police station representative plays a pivotal role in navigating individuals through the complexities of criminal proceedings. From providing essential legal advice to ensuring fair treatment during interviews and representing clients in court, they are a crucial part of the justice system. Their work ensures that everyone has access to legal representation when they need it most - at the point when they come into contact with law enforcement. So whether you find yourself at a police station voluntarily or under arrest, understanding what a police station representative does can provide reassurance and clarity during an undoubtedly stressful time.

  • 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. Robert Cashman is a Solicitor with Tuckers Solicitors who offers private and legal aid representation at the police station and in Court through Tuckers Solicitors. . If you wish to instruct him with regard to a criminal case please click on his image or phone 07535 494446

  • 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. C Contact us today on 07897 020130 if you need legal representation in Kent or South East London or even further afield (for further afield cases we would have to charge you private rates) We offer free advice consultations where we can meet remotely online via video chat, give advice on what steps you should take if you are to be interview and provide guidance on how to answer questions from the police during interview, We can represent you free or privately in the police station In Kent or South East London area when you are interviewed and have 25 years experience in all criminal cases.

  • 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? We provide police station representation for criminal solicitor firms and there clients. If you need a criminal solicitor in the Kent or south-east London area please contact us on (07535) 494446. 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. If you need police station representation in Kent Contact police station agent on 01732 247427 Now!

  • Inside a Voluntary Police Interview: What to Expect, Part 2

    Following on from our first post. Available here You will be cautioned. "You do not have to say anything". This means what it says. You do not have to say anything. You do NOT have to speak to the police officer if you do not want to. You can speak to them and answer there questions if you wish. The key thing is you do not have to.You can for instance sit in the interview and say to the police "No comment" to every question you are asked. (You can-not however stop them from interviewing you!) "But it may harm your defence, if you do not mention when questioned something which you may later rely on in court." This means if you do not mention in your interview a fact that you could reasonably expected to mention and you rely on later in court i.e. the details of an alibi the court can draw an adverse inference against you. An adverse inference could be, for instance, that the account that you have given at court is a lie. "Anything you do say may be given in evidence". This means that the police may either make a transcript of the interview and show it to the court later on or play the recording of the interview at Court. The police will usually check your understanding of the caution by asking you questions in the interview, for instance, Do you have to speak to us in the interview? What may the court think if you do not speak to us and it could be reasonably expected that you may mention a fact which you later rely on in court? How may the court see what's happened in the interview. They will do that to ensure that you do not, later on claim, that you did not understand the police caution and the significance of your replies. "I am investigating an offence of....." This is the point when they tell you what offence they are investigating and give a brief legal definition of it. If you have done the sensible thing and opted for a solicitor, or brought your own prior to this, this will not come as a shock! One of the advantages of having a solicitor is, it is the solicitors job, to obtain disclosure of as much evidence as he can from the police officer about the offence or offences prior to the police interview. If you have no solicitor the police are under no obligation at all to tell you anything prior to the interview as regards the evidence they hold pointing to your involvement with regards to an offence or details of it. They will not usually tell you anything at all if you have no solicitor, but will seek to spring it on you at interview to see your reaction or response. Instruction of a solicitor prior to any interview will mean the police will have to engage with the solicitor and give him details of the evidence against you. Please note the police do not have to tell your solicitor everything (according to the Court of Appeal) but have to tell them enough so they can advise you whether or not to answer police questions More coming shortly in part 3 - The Interview....Available soon 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. Representation can be by remote attendance if you are outside our local area or in person in Kent and South East London. .

  • Can You Get Free Legal Advice at the Police Station?

    Understanding Legal Advice Rights in England and Wales After Arrest Being arrested can be a traumatic experience, especially if you have no idea about what happens after. One of the common questions asked by individuals held in police custody is if they can receive legal advice free at the police station It's essential to know your legal rights in these circumstances, as they can impact the outcome of your case. This blog post aims to help you understand if legal advice is free in England and Wales after arrest and what it covers. The answer to whether legal advice is free if you're arrested in England and Wales is "yes." The police have a duty to ensure that you receive legal advice as quickly as possible if you're arrested and held in custody. This advice can be provided by your own criminal soliciitor or by the duty solicitor, a lawyer who is on call and available 24 hours a day. The cost of this advice is met by the state. The duty solicitor or your own criminal solicitor can advise you on your legal rights, the charges against you, and the options available. You'll also be advised on whether you should answer police questions, as anything you say may be used in evidence against you. It's worth noting that the solicitor may not necessarily represent you in court. If you're charged and decide to plead not guilty, you'll need to instruct a solicitor or barrister of your own choice. The Legal Aid Agency may provide funding to those who can't afford legal representation but meet certain eligibility criteria. Legal advice doesn't just cover criminal offences - it can also extend to the conditions of your custody. You have the right to be held in a safe and humane environment, and legal aid can help you enforce this right. For example, you may need legal advice if you're not receiving appropriate medication while in custody, or if you're being bullied by other detainees. Conclusion: Legal advice is available for free after an arrest in England and Wales, and it covers your legal rights, the charges against you, and the options available. The duty solicitor will provide this advice, and it's paid for by the state.n. Knowing your legal rights and taking advantage of legal advice can significantly impact the outcome of your case. If you need free legal representation at the police station in Kent please contact Police Station Agent on 01732 247427

  • Understanding the Role of a Duty Solicitor: Everything You Need to Know

    Understanding Duty Solicitors in England and Wales Hello to our readers in England and Wales! Today, we'll delve deep into the world of 'duty solicitors', understanding their role in police stations, courts, and the entire legal process. We'll also help dispel some myths surrounding them. 1. Police Station Duty Solicitor: A police station duty solicitor is a lawyer who provides free legal advice and assistance to individuals detained at a police station. This is a crucial phase, as what transpires in a police station can significantly impact the outcome of your case. What do they do? They offer advice on your rights while in detention. They can attend police interviews to ensure you are treated fairly and legally. They can help you understand the allegations against you. 2. Court Duty Solicitor: A court duty solicitor, on the other hand, provides legal representation for defendants in magistrates' courts who don’t have a solicitor of their own. What do they do? They advise and represent individuals at preliminary hearings. They can communicate on your behalf, argue bail applications, and help you navigate the early stages of court proceedings. 3. Are they free? Yes, both police station duty solicitors and court duty solicitors provide their services free of charge. They are funded by the Legal Aid Agency. 4. Are they in league with the police? No, duty solicitors are independent legal professionals. Their primary duty is to their client (you), not the police or prosecution. 5. Why should you have one? At the police station: Anything you say during an interview can be used as evidence against you. Having legal advice ensures you're aware of your rights and can navigate the process without inadvertently self-incriminating. In court: The legal system can be complex. A duty solicitor helps you understand the process, ensuring your rights are protected. 6. Voluntary interviews: You're entitled to free legal advice even during voluntary police interviews. While you're not under arrest, the implications of the interview can still be serious. 7. Why have a solicitor in court? It's beneficial to have professional representation to guide you through the court process, argue on your behalf, and ensure you receive a fair trial. 8. Can you have your own solicitor? Absolutely! While the duty solicitor is there to help if you don’t have your own representation, you're always allowed to hire a private solicitor or use one you've used previously. 9. Payment for your own solicitor: If you choose your own solicitor: At the police station: Your rights to free legal advice still stand. You can instruct your own who will be paid by the Legal Aid Agency. In court: Depending on your financial circumstances, you may qualify for legal aid to cover the costs. Otherwise, you might have to pay privately. Conclusion: The duty solicitor system in England and Wales ensures that individuals are not left without legal representation in crucial situations. If ever in doubt or feeling overwhelmed by the legal system, remember that these professionals are there to guide and support you, always acting in your best interest. If you need police station representation in Kent please call 01732 247427. Its free!

  • What is the Sex Offender Register?

    If you ever find yourself interviewed by the police in the United Kingdom regarding sexual offences, one thing that might come up is the sex offender register. But what exactly is it? How do you get placed on it? What sort of offences can lead to placement on the register? And what are the requirements and consequences of being on it? In this blog post, we'll explore all these questions and more to help you better understand the sex offenders register in the UK. In the UK, the sex offender register is a register maintained by the police that contains the names and details of people convicted, cautioned, or released from prison for sexual offenses. This register was introduced in 1997 and since then, has been an important tool in protecting vulnerable members of society. The criteria for being placed on the sex offenders register differ depending on the age of the offender and their sentence. If someone has been convicted of a sexual offense, they will be placed on the register for a certain period of time. This can range from a minimum of 2 years to a maximum of a lifetime, depending on the offence committed. There are three levels of registration: standard, intermediate, and notification. Standard registration lasts for the period of the sentence given, up to a maximum of 10 years for those over 18 and up to 5 years for those under 18. Intermediate registration is for those who have committed a more serious offense or re-offended, and the duration is up to a maximum of 8 years for those over 18. Notification registration is for those whose offenses involve children and is a lifetime registration. What are the requirements? Once placed on the register, there are certain requirements that the offender must adhere to - including notifying authorities of their address, any job changes or travel plans, and allowing the police to come to their address at any time to check on them. Failure to comply with these requirements can lead to serious consequences – including imprisonment. On registering with the police, an offender must provide specific information including: Their name (and any alias they may use) Their address and any other address where they stay Whether living with a child; or if staying in a household where a child lives for at least 12 hours a day Details of their conviction Details of bank accounts to which they have access Their date of birth Their national insurance number Details of any passports they may hold Sexual offenses that can lead to placement on the register include rape, sexual assault, indecent exposure, and possession of indecent images of children Can the public see the register? Get details of Offenders from it? The register isn’t public, but the police can and do share information with partner agencies when it’s necessary to safeguard children or other members of the public. How often must you re-register? At least annually or within 3 days of any of the above details changing. What happens if you don't register or re-register in time You may commit the offence of breach of your notification requirements. This is an offence that can be tried in either the Magistrates Court or Crown Court. The maximum penalty is 5 Years imprisonment. You may be arrested. Can you help me? If you are facing a police interview with regard to sexual offences or breach of sex offenders notification requirements in the Kent area and need representation at the police station when you are interviewed, free of charge please contact Robert Cashman of police station agent on 01732 247427.

  • Police Caution ? What's The Difference?

    What is a police caution? A police warning is something that the police can give you if you admit an offence and agree to it. It is not a criminal conviction, but it is a way of recoding a minor crime, such as writing graffiti on a bus shelter. It has to be given by a senior police officer. You can be charged if you do not accept it and the prosecution think there is enough evidence to take you to court. A police warning can show on standard and enhanced DBS checks. A DBS check is a way for employers to check your criminal record, to help decide whether you are a suitable person to work for them. This includes deciding whether it is suitable for you to work with children or vulnerable adults. A DBS check can show different types of information, depending on the level of the check: A basic DBS check shows any unspent convictions or conditional cautions that you have. A standard DBS check shows any spent or unspent convictions, cautions, reprimands or warnings that you have. An enhanced DBS check shows the same information as a standard check, plus any additional information that the police think is relevant to the job that you are applying for. A police warning can affect your chances of getting a job, especially if it is related to the role that you are applying for. For example, if you have a police warning for shoplifting, you may find it hard to get a job in retail. However, some employers may be more lenient and consider other factors, such as how long ago the offence happened, how serious it was, and what you have done since then. What is a caution before interview? A caution before interview is something that the police must give you before they question you about a suspected offence. This is also known as the right to silence. It is not a way of telling you off, but a way of informing you of your legal rights. The caution before interview usually goes like this: 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 you have the right to remain silent and not answer any questions that the police ask you. However, if you choose to do so, it may affect your chances of defending yourself in court later on. Anything that you do say to the police can be used as evidence against you in court. The caution before interview is based on the principle that no one should be forced to incriminate themselves. It also aims to prevent the police from using unfair methods or pressure to make you confess or give false information. The caution before interview applies to anyone who is arrested or voluntarily attends a police station for questioning. If you are given a caution before interview, you should think carefully about whether you want to answer any questions or not. You have the right to ask for legal advice from a solicitor before or during the interview. You also have the right to have someone else present during the interview, such as an appropriate adult if you are under 18 or have a mental disorder. A caution before interview does not affect your DBS check, as it is not part of your criminal record. It is only a way of making sure that you understand your rights and the consequences of your actions. How are they different? The main differences between a police warning and a caution before interview are: A police warning is given after you admit an offence, while a caution before interview is given before the police question you. A police warning can affect your DBS check, while a caution before interview does not. A police warning is a way of telling you off for a minor crime, while a caution before interview is a way of informing you of your legal rights. What are the consequences of failing to mention something in the police interview? One of the most important parts of the caution before interview is this: But it may harm your defence if you do not mention, when questioned, something which you later rely on in court. This means that if you decide not to answer any questions or give an account of what happened, and then later try to use an explanation or evidence in court that could have been mentioned earlier, the court may draw an adverse inference from your silence. An adverse inference is when the court thinks that your silence suggests that you are guilty or lying. For example, suppose that you are accused of stealing money from your employer’s cash register. The police ask you why there was money missing from the register when only you had access to it. You decide not to answer this question or give any explanation. Later in court, you try to say that someone else must have taken the money when you were not looking, and you have a witness who can confirm this. The court may think that this is a made-up story, because you did not mention it when the police asked you. The court may then use your silence as evidence against you, and find you guilty of theft. Therefore, it is very important that you consider the consequences of failing to mention something in the police interview. If you have a reasonable explanation or evidence for what happened, you should tell the police as soon as possible, or at least consult a solicitor before deciding whether to speak or not. Otherwise, you may harm your defence and make it harder for yourself to prove your innocence in court. Summary In summary, a police warning and a caution before interview are two different things that have different purposes and effects. A police warning is given after you admit an offence and agree to be told off, and it can show on your DBS check. A caution before interview is given before the police question you about a suspected offence, and it does not affect your DBS check. However, if you fail to mention something in the police interview that you later rely on in court, the court may draw an adverse inference from your silence and find you guilty. If you require free police station representation in Kent contact Police station agent on 01732 247427

  • Police Voluntary Interview Questions

    Title: An In-Depth Look at Police Voluntary Interview Questions: What to Expect and How to Prepare Introduction: When it comes to understanding the criminal justice system, the police voluntary interview process is a crucial aspect that deserves attention. Whether you're a witness, suspect, or simply curious about the procedure, it's essential to know what to expect and how to prepare for it. This article will provide a comprehensive analysis of the questions you might encounter during a police voluntary interview, along with practical tips to help you navigate this experience confidently and effectively. Understanding the Police Voluntary Interview Process A voluntary police interview, sometimes referred to as a "caution plus three" or "PACE" interview, is a formal discussion between you and the police, conducted under caution, but without the need for an arrest. Although voluntary, these interviews are recorded and can be used as evidence in court. They generally cover a range of topics, from witness accounts to suspected involvement in criminal activities. Common Questions in a Police Voluntary Interview Though the specific questions asked during a voluntary interview will depend on the circumstances, here are some typical categories to expect: a) Personal Information: You will be asked for basic personal details such as your name, address, date of birth, and occupation. b) Incident Overview: The interviewer will inquire about the incident in question, including your knowledge, perspective, or involvement. They may ask you to recount specific events or provide details about other individuals involved. c) Alibis and Timelines: To establish a clear timeline of events, you may be asked where you were during the incident, whether you were alone or with others, and if anyone can confirm your whereabouts. d) Evidence and Contradictions: Police may question you about any inconsistencies in your story, physical evidence (e.g., fingerprints, DNA), or digital evidence (e.g., text messages, emails) that could link you to the incident. e) Motive and Opportunity: In some cases, the interviewer will explore potential motives for your involvement in the incident or ask how you might have had access or opportunity to participate in the alleged crime. Tips to Prepare for a Police Voluntary Interview a) Understand Your Rights: Familiarize yourself with your rights during a voluntary interview, including the right to remain silent, the right to consult a solicitor, and the right to leave at any time. b) Seek Legal Advice: Consider consulting a solicitor before the interview. A solicitor can provide guidance on the questions you may face and how to respond effectively, without incriminating yourself. c) Be Honest: It's crucial to be truthful during the interview. Providing false information can lead to criminal charges, and inconsistencies in your account may raise suspicion. d) Stay Calm and Composed: Maintain a calm demeanor and take your time when answering questions. It's better to pause and think before responding than to provide a hasty, inaccurate answer. e) Take Notes: After the interview, jot down the questions you were asked and your responses. This information can be useful if the case proceeds to court. Conclusion: Police voluntary interviews can be a daunting experience, but with proper preparation and an understanding of the process, you can confidently navigate this important aspect of the criminal justice system. Familiarize yourself with the frequent questions, know your rights, and consider seeking legal advice to ensure you're well-equipped to handle any situation that may arise. Can you be more specific? The questioning must be relevant. Let's take an example of an allegation of a theft from a shop. Clearly any questioning about a theft from a shop would not cover topics like who won the FA cup last week. The questioning must be relevant. It must be about the offence in question. For instance, if the offence happened in Sainsburys what would be relevant is what happened in Sainsburys that day. Not what event happened three months ago at your home address involving your partner. 2. It should be legal. Again, take the offence above - shop theft. Now theft is defined in law as "The dishonest appropriation of property with the intention of permanently depriving the owner of it". So , I would expect questions in a voluntary interview or otherwise like: Did you take the item? - relevance Appropriation. Why did you take the item? - relevance Intention. Did you intend to return it? - relevance Permanently depriving the owner Whose item, was it? relevance - Owner etc etc You should be aware that most voluntary interviews cover several offences. It is therefore important to know the legal definitions of the offences concerned and to get disclosure from the police officer of what evidence the police have got - see our previous blog posts about police disclosure. Oh, by the way! You need a criminal solicitor or police station accredited representative. If you want to know why again look at our previous blog posts. 3. Questioning should be fair. Presently U have a book open on my table re Police questioning It sets out unfair questions and I'll just list them for you to show you how many there are! Questioning should not be: Irrelevant. Ambiguous. About other offences. Hypothetical. Concerning a co-suspect. Multiple. Based on dubious or nonexistent evidence. Amount to an inducement to confess. Be oppressive. Be bullied. Right so what are these then? Well frankly the only way you are going to know what is and what is not is if you are a criminal lawyer or police station representative. A word of advice. Get one for the interview! In England and Wales, it is free under the legal advice and assistance scheme. Ask the police to contact the duty solicitor on your behalf or contact a local criminal solicitor who does criminal legal aid work. It's free and may make the difference between you going to prison or you walking out of the station without a stain on your character. 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. Representation can be by remote attendance if you are outside our local area or in person in Kent and South East London.

  • 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. Think you are going to be arrested and in Kent? Contact police station agent on 07897 015550 for free advice and representation by a qualified criminal solicitor.

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