The Legal Process

Police Interviews

The police will conduct interviews in a number of ways to gather evidence. Remember, however friendly they appear, their job is not to help you. Their job is to gather evidence to bring charges by luring you to incriminate yourself or share evidence that might incriminate others.

If they have enough evidence or a strong enough suspicion, they will be able to obtain a warrant for your arrest and will use this mechanism to interview you.

If you have been arrested, the police have 24 hours, (in certain circumstances this may be extended to 36 hours by a senior police officer), to complete their interviews and raise charges, or they have to release you with or without bail.

If they do not have sufficient grounds for arrest, but hold suspicion as to your involvement in a case they are investigating, they may wish to interview you ‘under caution’ which is a interview you may attend on a voluntary basis. Despite being voluntary it is encouraged that you attend, with the representation of a criminal defence solicitor to ensure your rights are best protected. This type of interview is still eligible for legal aid support, subject to your individual circumstances.

Following a police interview, there are a number of possible outcomes, depending on the nature of the case, these could include any of the following:

• Police Caution – if the matter is not significant enough to attract criminal charges, the police may well offer you a caution, which will be listed on your criminal record.
• Charges – if the police believe they have sufficient evidence, they will seek the authority of the CPS (Crown Prosecution Service) to bring charges upon you. Once authorised, the police will issue charges for a single or number of offences.
• Bail – if the police do not yet have sufficient evidence to bring charges and are not willing or able to dismiss your involvement in the case, they will release you from their custody on bail. They have 28-days to complete their investigation and bring forward charges. (In certain circumstances this period may be extended by a senior police officer to a limit of three months). Release on bail is likely to come with one or a number of conditions to limit your ability to travel or reside in other premises – making it easier for the police to find and re-arrest you should they deem necessary, or to limit the potential for you to re-offend.
• Release without Bail – as the length of time the police may leave an individual on bail has been considerably reduced since April 2017, the police will often release individuals without bail if their investigations are likely to take some weeks or months.

“Remember, however friendly they appear, their job is not to help you. Their job is to gather evidence to bring charges”.

Seek the guidance and defence of a criminal solicitor immediately.

“A good solicitor will make representations on your behalf to the police to request bail and collect as much disclosure from the police on the details of the case and evidence they hold”.

Seek the guidance and defence of a criminal solicitor immediately.

Charges

If the time comes where the police are authorised by the CPS (Crown Prosecution Service) to bring charges upon you, the charges will be raised and read out to you by the Custody Sergeant in the police station.

This may happen almost immediately after your first arrest and interview, or if the case is more complex, at a further interview upon your bail return date or following a re-arrest.

Dependent on the nature of the case and your individual circumstances, you may or may not be granted bail upon being charged. If you are granted bail, this may come with certain conditions, along with a date to appear for your first hearing before the local Magistrates Court. If you are not granted bail, you will be remanded to police custody to appear before a Magistrate as soon as they are able.

A good solicitor will make representations on your behalf to the police to request bail and collect as much of a disclosure from the police on the details of the case and the evidence they hold, and will then help map out the likely next steps for you.

Magistrates Court

The first step in all criminal proceedings beyond being charged is an initial hearing before a Magistrates Court, however severe or minor the case.

Your solicitor will guide you on the process, and offer advice on the plea you should enter. Dependent on your plea and the nature of your case, you will proceed through the court process in a number of ways.

If your case is deemed within the jurisdiction of the Magistrates Court, and you enter a guilty plea, the presiding Magistrate or District Judge may be ready to pass sentence at the initial hearing. If they are not, they will retire to consider matters further, and you will be bailed (or remanded to / back into custody) for a further hearing to receive your sentence at a later date.

If your case is deemed a serious offence, it will be beyond the Court’s authority to pass sentence and be referred to a Crown Court. At this point you will be re-bailed or remanded / re-remanded into custody for appearance at a Crown Court at a later date.

“Remember, however friendly they appear, their job is not to help you. Their job is to gather evidence to bring charges”.

Seek the guidance and defence of a criminal solicitor immediately.

“Your Solicitor and Barrister will guide you on the process, the disclosure they have received and any negotiation they have conducted with the prosecuting Barrister, along with offering advice on your plea”.

Seek the guidance and defence of a criminal solicitor immediately.

Crown Court

If your case is deemed serious enough, having first had a hearing at a Magistrates Court, you will appear before a Crown Court.

The first hearing will usually take similar form to the hearing held by the Magistrate. You will be represented in court by a Barrister that your solicitor has appointed for you – or have helped you source. (Often in attendance together) your Solicitor and Barrister will guide you on the process, the disclosure they have received and any negotiation they have conducted with the prosecuting Barrister, along with offering advice on your plea.

You will have to plea to the Judge – guilty or not guilty. A guilty plea will trigger the Judge to prepare for your sentencing, which may or may not take place the same day. If it does not, the Judge will retire to consider sentence and adjourn the hearing until a later date.

The Judge will consider a number of factors in passing sentence, such as the speed with which you entered a guilty plea, any mitigating circumstances put forward by your Barrister and the sentencing guidelines. The sentencing guidelines will dictate to some degree whether a custodial or non-custodial sentence is appropriate and the sentence length band, which are subject to the nature of the charges.

If you enter a not guilty plea, the Court will make preparations for your case to proceed to a trial. You will then be given further advice and support by your Solicitor and Barrister on the trial process and strategy, and a date will be set in the future.