Getting Arrested:

The Police Interview

"The best criminal solicitors in London…. the prosecution dropped all the charges!"

After you have been arrested and processed, the police will take you to a room to question you.

If you have been accused of a crime, you will have either

o   A voluntary interview before an arrest

o   An interview under caution after arrest

Before the police interview, you have the right – and should insist – on speaking to a solicitor about your case and what you plan to say.

Solicitor representation

You have the right to be represented by a solicitor, even if you do not have the funds to pay for one. Under UK law, everyone is entitled to free representation by qualified criminal law advisors. They will be able to advise you when you should remain silent and if you should answer a question.

We would advise paying for the best legal counsel you can afford at this time - having the right advice at the police station can make all the difference between being charged and avoiding prosecution or winning your case. 

Criminal prosecutions can be long and drawn out, take a real toll on the accused, and cost a fortune in lost income if things go badly. It is worth someone you trust finding the highest rated solicitors you can afford, particularly at this crucial stage.

BSQ’s lawyers are recognised as some of the leading criminal solicitors in the UK, and we are well versed in advising clients facing serious criminal allegations, making pre-charge interventions that often lead to all charges being dropped.

Our criminal law solicitors take the same tough, uncompromising, pro-active approach to every case we are instructed in. Immediately on taking conduct of your case, our lawyers will put themselves on record with the police and insist that any further contact from the authorities takes place through us.

Preparing you thoroughly for a police station interview, we will advise you of your rights, the strengths and weaknesses of the evidence and the best tactical and strategic approach to adopt and accompany you during any questioning.

What to expect during a police interview

The officers may initially ask you more general questions to put you at ease, but this is also a tactic to get your guard down.

You can expect the following during a police interview:

o   To be cautioned again if you’ve been arrested

o   The police to ask you questions

o   More than one officer to be present

o   To be told that the interview will be recorded in written form, as well as audio and sometimes video

o   To be told if someone has directly accused you of committing a crime, and who they are

o   The questioning to take 30 minutes to 1 and a half hours

o   A translator to be present if you do not speak English as a first language

o   A solicitor to be on hand to advise you

You have the option to answer the allegations with the following:

o   “No comment”, which means you are not going to answer the question

o   A comment in which you give your account of what happened

o   A prepared statement, which you should create with the help of a solicitor

 

Right to silence

If you are accused of a crime, you have a right to silence and to not answer any questions.

However, if you deliberately withhold information in the knowledge that it will cause someone to be harmed, then you may be charged with additional offences.

If the case goes to court, and you then do give an answer to a question in court that you refused to tell the police, it may call into question your account.


Can you be questioned without legal advice?

Once you’ve asked for legal advice, the police can’t question you until you’ve received it. However. the police can make you wait for legal advice in serious cases if a senior officer agrees.

The longest you can be made to wait before getting legal advice is 36 hours after arriving at the police station or 48 hours if you are being held as a suspect in a terrorism case.

Waiting for a long time can sometimes cause people to lose their patience and to agree to be interviewed without having sought legal advice. We would not advise anyone to ever agree to an interview before speaking to a criminal lawyer to avoid any risk of implicating yourself in a crime unintentionally.

Part four: Released, Charged, Bailed or Held on Remand

Please note: this is a general guide to the powers of the police if you are arrested. It does not constitute legal advice. If you require legal advice on your case, please contact a qualified solicitor.

 
 

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