It can be very frightening hearing a knock on the door or looking at your ring door bell and seeing police officers at your home address. This fear further intensifies when the police inform you that they are looking to arrest you or would like to interview under caution on a certain date.
Below is a guide of what will happen prior and during the interview to hopefully ease some of that anxiety.
What happens if I am arrested?
After being informed of the reasons for the arrest which includes the offence(s) you will be cautioned and anything you state after the caution will be recorded by either the body cameras the officers carry or the police will make a record in their notes.
You will then be driven to a local police station where you will be taken to the custody suite and spoken to by the custody sergeant. The custody sergeant will take your details, go through the reasons for arrest and your rights. One of those rights is representation during your interview. You will be asked if you have a solicitor or whether you would like to instruct a duty solicitor who will be on call at that time. We would always recommend anyone in this position to have a solicitor.
After speaking to the custody sergeant you will be placed in a cell until the police are ready for interview.
When we are informed that one of our clients has been arrested we will immediately make enquiries with the police and make attempts to speak to the client. When the police are ready for interview we will then head over to the police station.
What happens if I am asked to attend a voluntary interview?
This sometimes the police refer to as a ‘chat’ which is incorrect. It is a formal interview which will be recorded and anything you state during that interview could be potentially used against you in court if you are charged with an offence.
We would always advise clients to contact a solicitors firm and ask for representation during the interview no matter how minor the offence is and no matter whether you feel you are innocent or guilty of the offences under investigation.
If I bring a solicitor to the interview will it make me look guilty?
The only impression that it will give is that you are prepared to exercise your rights. It will not make you appear guilty if you bring a legal representative and from our experience the police expect people to ask a legal representative to represent them during their interview.
Do I have to attend a voluntary interview?
The decision is entirely yours however we would ordinarily advise you to attend. The police can use a failure to attend a voluntary interview as a ground to arrest.
What happens when the legal representative arrives at the police station?
At the police station we will meet with the officer in charge (OIC) of the case and obtain disclosure. Disclosure is a summary of the allegation and can include a summary of the evidence the police have which has prompted the interview. This can range from witness statements, police notes of body camera footage, CCTV footage and forensic evidence.
At this stage if we believe that the arrest was unnecessary or there is little or no evidence which requires you to be interviewed (if you have attended a voluntary interview) appropriate representations will be made to the OIC.
Once we have received disclosure you will be taken to a room where your legal representative will be waiting for you. Anything you discuss with your legal representative is confidential. We will discuss the disclosure with you, advise you of the law and the strength of the evidence and we will take your instructions. Based on your instructions we will give you advice on how to respond to the questions during the interview. You will be advised that you can either;
- Respond to the questions being asked and give a full account
- Respond to the questions ‘no comment’
- Prepare a statement which is read out during the interview and you will be advised to answer the questions ‘no comment’
When you are ready to be interviewed you will be taken to an interview room where the interview will be recorded. Your legal representative will be seated next to you making a note of the questions being asked and your responses. They will also ensure that the OIC is following the PACE codes which are the rules that govern how the police should treat you.
After the interview your legal representative may put forward any representations to the OIC to try and resolve the case sooner.
If you have been arrested after the interview you will be:
- Released on bail and this could be with conditions
- No further actioned (this is the end of the investigation and no court proceedings would be started)
- Released under investigation
- Charged with a date to attend court in the future
- Charged and remanded (appear before a Magistrates Court when next available)
- Cautioned or given another out of court disposal
Will I receive my property back?
If the property the police have seized requires examination such as mobile phones, iPads or laptops etc this will only be released when the police and/or Court case has concluded.
How can Stephensons assist?
Our criminal offence solicitors have combined over 150 years of experience successfully representing people at the police station and court if they are charged. They have represented people for the most serious offences including murders through to the minor such as a shoplifting.
It is important to obtain legal advice during your interview as what you state during your interview will be recorded and could either be beneficial to your defence or used against you by the prosecution during the trial.
If you have been asked to attend an interview under caution or you suspect the police are looking for you please contact the department on 0161 696 6188 or complete an online enquiry form.
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