Solicitor for police interview

The Importance of Having a Criminal Defence Solicitor for Police Interviews

If you have been asked to attend a police interview under caution, also known as a PACE interview, it will be essential to have an experienced criminal defence solicitor by your side. Facing allegations of criminal conduct can be a daunting and stressful experience, and it is essential to have strong guidance and support during this difficult time.

Your criminal defence solicitor will provide expert advice, protect your rights, and guide you through the process, working to achieve the best possible outcome for your case. They will review any evidence against you, advise you on how to respond to questioning, and ensure that you have the support and representation you need throughout the interview and beyond. Don’t face a police interview alone – contact an expert criminal defence solicitor today for immediate assistance.

What Happens During a Police Interview?

A police interview is a formal questioning process conducted by the police to gather information about a suspected crime. The interview will be recorded, and anything you say can be used as evidence in court. It is important to remember that in most cases you have the right to remain silent and the right to have a solicitor present during the interview.

During the interview, the police will ask you questions about the alleged offence and your involvement in it. They may also present evidence or witness statements to you and ask for your response. It is crucial to have a solicitor present to advise you on how to respond to these questions and to ensure that your rights are protected throughout the process.

The Benefits of Having a Criminal Defence Solicitor

Having a criminal defence solicitor present during your police interview can provide numerous benefits, including:

Legal Advice

A solicitor can advise you on your legal rights and the potential consequences of the allegations against you. They can also help you understand the evidence presented by the police and advise you on how to respond to questioning. The police are unlikely to provide you with details of the allegations and the evidence they say substantiates the allegations unless you are represented.

Protection of Your Rights

A solicitor will ensure that your rights are protected throughout the interview process, including your right to remain silent. They will ensure that the police follow the rules throughout the interview process. They will know what steps can be taken if the police do not follow the applicable rules.

Representation

If your case proceeds to court, having a solicitor who has been involved from the beginning will  provide continuity and ensure that you have the strongest possible defence.

What Happens after the Police Interview?

After the police interview, there are several possible outcomes:

No Further Action

If the police do not have sufficient evidence to charge you with a crime, they may take no further action. The police can also “release you under investigation” while they carry out their enquiries.

Bail

You may be released on bail, which means you will be required to return to the police station at a later date, to allow the police sufficient time to make enquiries. Your solicitor can advise you on any conditions attached to your bail and ensure that you comply with them.

Charge

If the police have sufficient evidence, they may charge you with a crime. Your solicitor can advise you on the strength of the evidence against you and the potential consequences of a conviction.

How We Can Help

We have many years of experience in representing clients facing criminal allegations. Our team of expert criminal defence solicitors are dedicated to providing a robust defence and achieving the best possible outcome for our clients.

We understand the importance of having strong guidance and support during this challenging time, and we will work tirelessly to ensure that your rights are protected and your case is handled with the utmost care and attention.

If you have been asked to attend a police interview, we strongly advise you to speak to one of our solicitors straight away. We will provide clear and practical advice and ensure that you have the support and representation you need throughout the process.

To speak to an expert criminal defence solicitor, call us on 0121 309 0013, email us at info@ailegal.uk, or fill in our contact form. We are here to help you every step of the way.

FAQS

Do I need a solicitor for an interview under caution?

If you have been invited to an interview under caution, it is highly recommended to take a solicitor with you. An interview under caution means that you are suspected of committing an offence, and anything you say during the interview can be used as evidence against you. A skilled criminal defence solicitor will protect your rights, ensure that you understand the allegations against you, and provide essential guidance on how to respond to questions during the interview. They can also help you navigate the legal process, advise you on the potential consequences, and work to achieve the best possible outcome in your case. Attending an interview under caution without legal representation puts you at a significant disadvantage and may have serious implications for your future.

Should I take a solicitor to a police interview under caution?

If you have been asked to attend a police interview under caution in England, it is strongly advised to take a solicitor with you. Being interviewed under caution means that you are suspected of committing a crime, and anything you say can be used as evidence against you in court. A qualified criminal defence solicitor will safeguard your rights, explain the allegations against you, and provide crucial advice on how to respond to questions during the interview. They can also guide you through the legal process, discuss potential outcomes, and strive to achieve the best result for your case. Attending a police interview under caution without legal representation can put you at a serious disadvantage and may have significant consequences for your future.

How do I get a solicitor for a police interview?

If you need a solicitor for a police interview in England, you can request the duty solicitor at the police station, who will provide free legal advice and representation during the interview.

Alternatively, you can contact a local criminal defence solicitor directly or ask friends and family for recommendations.

Many solicitors offer a 24-hour emergency service and can attend the police station at short notice.

When choosing a solicitor, ensure they have experience in criminal law and police station representation.

You can also search for solicitors through professional bodies such as the Law Society.

Remember, you have the right to legal advice and representation, so don’t hesitate to ask for a solicitor before your police interview.

What happens after a police interview under caution?

After a police interview under caution in England, the police will review the evidence, including the information provided during the interview, and decide on the next steps.

There are several possible outcomes: the police may decide to take no further action, issue a formal caution, or refer the case to the Crown Prosecution Service (CPS) for a charging decision.

If the CPS decides there is sufficient evidence and it is in the public interest, they may charge you with an offence, and you will be required to attend court.

In some cases, the police may release you under investigation or on bail (with or without conditions) while they continue their enquiries.

If you have been released on bail, you will need to return to the police station at a later date.

It is essential to seek legal advice from a criminal defence solicitor throughout this process to ensure your rights are protected and to discuss the best course of action for your case.

Should I take a solicitor to a voluntary police interview?

If you have been invited to a voluntary police interview in England, it is strongly advised to take a solicitor with you.

Although the interview is voluntary, the police likely suspect your involvement in a criminal offence, and anything you say can be used as evidence.

A criminal defence solicitor will protect your rights, advise you on whether to attend and how to respond to questions, ensure the interview is conducted fairly, and help you understand the potential consequences.

Without legal representation, you may unintentionally say something that could harm your case. Therefore, it is always best to seek the assistance of a solicitor before attending a voluntary police interview.

What is the caution wording in an interview?

In England and Wales, the police caution given to suspects before an interview is: “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 caution ensures suspects understand their right to remain silent and that anything they say can be used as evidence in court. However, remaining silent may harm their defence if they later rely on information not mentioned during the interview. Suspects should listen carefully to the caution and seek legal advice from a solicitor before answering questions.

What happens if you say no comment in a police interview?

If you say “no comment” during a police interview in England, you are exercising your right to remain silent. While this can be an appropriate strategy advised by your solicitor, it’s important to note that remaining silent may have negative consequences. The police caution warns that failing to mention something during questioning that you later rely on in court could harm your defence. Therefore, it is crucial to consult with a legal professional before deciding to say “no comment,” as they can advise you on the best course of action based on your specific situation.

Why do police want to interview me?

The police may want to interview you for a few reasons. They might think you were involved in a crime or know something about one. They could also want to talk to you if you saw a crime happen or if you were the victim of a crime. If the police ask to interview you, it’s important to know your rights. You should think about talking to a solicitor before agreeing to speak with them. A solicitor can help you understand why the police want to interview you and give you advice on what to do.

Can a lawyer be present during interrogation UK?

Yes, you have the right to have a lawyer with you during a police interview in the UK. This is true whether you are a suspect or a witness. The lawyer can give you advice, make sure the police treat you fairly, and help you understand what’s happening. You can ask for a free lawyer called a duty solicitor, or you can choose your own lawyer. It’s always a good idea to have a lawyer with you during a police interview, so don’t be afraid to ask for one. They are there to help protect your rights.

What happens if a suspect refuses to be interviewed?

If a suspect refuses to be interviewed by the police in England, the police can’t force them to talk. This is because everyone has the right to remain silent. However, if the suspect doesn’t answer questions, it might make them look suspicious. The police could think that the suspect is hiding something. Later, if the case goes to court, the judge or jury might also wonder why the suspect didn’t want to explain their side of the story. So, while a suspect can refuse to be interviewed, it’s important to think carefully about this decision and take advice from a criminal defence lawyer.

Do police show all evidence in interview?

In England, the police don’t have to show you all the evidence they have during an interview. They might not disclose some information, especially if they think it could help them catch other suspects or if they’re worried about evidence being destroyed. However, the police do have to follow rules about sharing evidence. They can’t hide evidence that could help prove your innocence. If the case goes to court, the police must give all relevant evidence to the defence team. So, while the police might not show you everything during the interview, you or your solicitor should eventually have access to all the important information about the case.

Do police have to disclose all evidence at an interview?

No, the police don’t have to disclose all evidence at an interview in England. They can keep some information private. But the police must still follow rules about sharing evidence. They can’t hide anything that might help show you’re innocent. If your case goes to court, the police have to give all the relevant evidence to your defence team. So, even if the police don’t tell you everything during the interview, you or your solicitor should be able to see all the important information about your case eventually.

Is an interview under caution the same as a caution?

No, an interview under caution is not the same as a caution in England. An interview under caution means the police suspect you of a crime and want to ask you questions about it. They must tell you that you don’t have to say anything, but it might hurt your case if you don’t mention something you later rely on in court. What you do say can be used as evidence.

A caution is different. It’s a formal warning the police can give you if they have enough evidence to charge you with a crime, but they decide not to. A caution goes on your record but isn’t a criminal conviction. So, while both involve the police suspecting you of a crime, an interview under caution is part of the investigation, and a caution is a way of dealing with the crime without going to court.