Do I really need legal advice at the Police Station?

At the last count, there were 1.2 million persons arrested by the police for recorded crimes in 2011 to 2012.

People are arrested and interviewed by the Police when they are under suspicion of having committed a criminal offence.

The Police may arrest you or seek to interview you by prior appointment. Interviews can take place at a police station, your home or place of work, or other location such as a prison if you are already in custody or on occasion the Police may ask that you come to the police station voluntarily just to be spoken to.

However, you should be aware that there really is no such thing as having ‘a brief chat’ with the Police.

It should be remembered why the Police exist; one of their core purposes and reasons for existing is to arrest, charge and then have people punished. Whilst some may argue to the contrary, the Police are not always your friend and they never act in your best interests.

We are often told by those encountering the Police that Police officers sometimes say that things will be quicker for them without a solicitor – that if they just have a brief chat then they will be out of the Police Station quickly but the reality simply is that this is rarely true, in fact the opposite is the case, once we know about your detention we can actually start to act to speed things up for you and ensure that any Police investigation is carried out sooner rather than later.

You should always remember that legal advice and assistance at any Police station is always free of charge and we always have police station representatives and solicitors available, day or night, 24 -7 to cover any and all cases.

If you are then arrested, or are asked to speak to the police at any time, you have the right to speak to a solicitor and it is always in your best interests to do so and at the earliest opportunity.

You should however note that in a small number of cases where for example there is not going to be any police interview for example say in relation to a drink driving offence or say for example whereby you are arrested on a court warrant or breach of bail the rules are different and you will be offered advice by ‘CDS Direct’ – this is a government funded advice centre staffed by police station qualified representatives who will provide immediate legal advice over the telephone. If you are offered this service only, you are best advised to accept that legal advice but we would recommend that you make it known that they should contact Kyles Legal Practice immediately so that we know of your arrest and can assist further should the need arise.

Police investigations are sometimes dealt with speedily, at other times the investigation can last many months and during that time you will be usually given police bail to re-attend the police station. It is important that whatever the outcome be it being charged with offence or bailed that you do then keep in touch with us. If the Police contact you directly then let us know immediately – do not assume that they will contact us as well – they like it when we are kept out of the loop as our job is to protect you.

You have lots of rights and protections in the police station – it is our job as your police station representatives to ensure that your legal rights are acted upon, so do not miss out.

If you are ever interviewed or spoken to by the Police then such an interview is more than likely to be then carried out under caution.

An interview under caution is usually sanctioned in order so that the investigating officer can put evidence or questions to you in order to determine whether any criminal wrongdoing has occurred from what account is provided by you.

On occasions it is entirely appropriate to answer questions and at times entirely appropriate to simply answer “No Comment” as you are legally entitled to do. Of course, going “No Comment” comes with some consequences that require consideration and if we are called upon our police station advocates will always advise you as to the appropriateness or otherwise of co-operating with the investigation during the life time of your case.

Ultimately people are charged with offences when the Crown Prosecution Service or sometimes the Police alone believe that there is a realistic prospect that they will be convicted of a crime, and that it is in the public interest to prosecute them.

That does not however mean that you are guilty of an offence, or that you will be convicted of an offence if it goes to trial. The evidence at that moment is untested and the accounts can change as a case develops.

Being charged with an offence simply means that it is alleged that you have committed an offence, this does not mean any more than that, although we appreciate that this will be a worrying and stressful time if that were to occur.

At Kyles Legal Practice, we would always recommend to someone that they ask for legal advice and assistance at the police station at the earliest opportunity. Such legal advice will always be free of charge regardless of your case and regardless of your income and savings and any other financial assets.

Should you ever find yourself in the position whereby the Police simply want to chat or you find yourself then being arrested, when asked, ask for Kyles Legal Practice to attend and we will help you with your case when you need it the most.

So if you are to be interviewed under caution or spoken to at any time by the Police, then we would always recommend that you ask for legal advice and that you ask for in particular Kyles Legal Practice to attend.

Our Police Station representatives work 24-7 and in all cases can be contacted upon 07403 162 388 for legal advice and help upon such matters.