Police Station FAQs
I have been arrested, what do I do?
If you are arrested, stay calm and exercise your right to legal representation. Ask for The National Law Firm immediately. At The Law Firm, our Police Station team is available 24/7 to attend the police station and provide support.
What is a voluntary interview?
A voluntary interview is one where the police request to speak with you without formally arresting you. You are not obliged to attend, but you have the right to legal representation if you choose to go. Contact The Law Firm if you have been invited for a voluntary interview and wish to have legal representation with you.
What happens at the police station if I'm arrested?
At the police station, you may be fingerprinted, photographed, and interviewed about the alleged offence. The police will also record personal information. You have the right to have a solicitor present during all questioning to protect your legal rights.
What do I say if I've been arrested?
Do not answer any questions about the offence, sign any documents or talk to the police. You can simply state: “I wish to speak to The National Law Firm.” Your solicitor will advise and support you during the interview.
What is an Appropriate Adult?
An Appropriate Adult is a responsible adult who supports a child (under 18) or a vulnerable adult during police interviews and other procedures. Their role is to ensure that the individual understands what is happening, that their rights are protected, and that they are treated fairly. The Appropriate Adult does not act as a solicitor but works alongside legal representatives to safeguard the person’s interests.
What happens after the police station?
Following your attendance at the police station, several outcomes are possible:
- Bail: You may be released with or without conditions while the investigation continues.
- Released Under Investigation (RUI): The police may continue their enquiries before deciding on the next steps.
- Charged: You may be formally charged and required to attend court.
- Remanded: In serious cases, you may be remanded in custody pending a court appearance.
- No Further Action (NFA): The police may decide not to proceed with the case.
Do I need to pay for representation at the police station?
No. Everyone is entitled to free legal advice and representation at the police station, regardless of income. Our solicitors will attend immediately to ensure your rights are protected.
Magistrates Court FAQs
What happens at my first hearing in the Magistrates’ Court?
Your first hearing, often called the plea and directions hearing, is when you will be formally asked to enter a plea—guilty or not guilty. The court will also consider case management issues and set future dates if your case requires a trial.
What happens during my first hearing?
During this hearing, the Magistrates will:
- Confirm your identity and the charges against you.
- Ask for your plea.
- Decide if your case can be dealt with in the Magistrates’ Court or if it should be sent to the Crown Court.
- Set dates for further hearings if necessary.
Who will be there for me?
You will be supported by your solicitor, who will advise you throughout the hearing, represent your interests, and help you understand the proceedings. The prosecution will also be present, as well as the Magistrates or District Judge overseeing the case.
What happens at a Magistrates’ Court trial?
If your case goes to trial, the Magistrates will hear evidence from witnesses and examine the facts of your case. Your solicitor will cross-examine witnesses, challenge evidence, and present your defence to achieve the best possible outcome.
What sentence can the Magistrates’ Court impose?
The Magistrates’ Court can impose sentences including fines, community orders, or imprisonment for up to 12 months for a single offence. More serious offences are sent to the Crown Court for trial and sentencing.
What is an indictment?
An indictment is a formal written charge for serious offences that are to be tried in the Crown Court. It outlines the charges you will face and is prepared when a case is “sent up” from the Magistrates’ Court.
Do I have to come to the Magistrates’ Court?
Yes. If you are required to attend, failing to appear can result in arrest or additional charges. Your solicitor will advise you on what to expect and ensure you are fully prepared.
Do I have to pay a solicitor to represent me at the Magistrates’ Court?
If you qualify for Legal Aid, your representation may be free. Otherwise, private funding arrangements can be made with your solicitor. In all cases, having professional legal representation is strongly recommended to protect your rights.
Crown Court FAQs
What happens in a Crown Court trial?
Crown Court trials deal with serious offences that cannot be tried in the Magistrates’ Court. During the trial, evidence is presented by both the prosecution and defence. Witnesses may give testimony, and your solicitor will challenge evidence, cross-examine witnesses, and present your case to achieve the best possible outcome.
Who are the jury and why are they needed?
The jury is a group of 12 impartial members of the public who listen to the evidence and decide whether you are guilty or not guilty. Their role is to provide a fair, unbiased verdict based on the facts presented in court.
What sentence can the Crown Court impose?
The Crown Court can impose any sentence, including long-term imprisonment, fines, community orders, or other measures. The type and length of a sentence depend on the seriousness of the offence and mitigating or aggravating factors.
Do I have to pay for representation at the Crown Court?
If you qualify for Legal Aid, representation may be free or partially funded. Otherwise, private arrangements can be made with your solicitor. In serious cases, having professional legal representation is essential.
What is a Pre-Trial Preparation Hearing (PTPH)?
A PTPH is a hearing before the trial where the court and parties discuss case management, timetable, and any outstanding legal issues. It ensures the trial is prepared efficiently.
What is a Defence Statement?
A Defence Statement sets out your version of events, your legal arguments, and any defences you intend to rely on at trial. It helps clarify issues and allows the prosecution to understand your defence.
What is a Basis of Plea?
A Basis of Plea is an agreement between the prosecution and defence on the facts you admit before pleading guilty. It can lead to reduced sentences by avoiding unnecessary trial time.
What are special measures?
Special measures are arrangements to support vulnerable witnesses or defendants during the trial, such as giving evidence via video link or behind a screen, to reduce stress or trauma.
What is bad character?
“Bad character” refers to previous convictions or behaviour that may be relevant to the current case. The court has strict rules about when it can be introduced as evidence.
What is a committal for sentence?
If you are convicted in the Magistrates’ Court but the offence carries a sentence beyond its powers, your case may be committed to the Crown Court for sentencing.
What is unused material?
Unused material is evidence gathered by the prosecution that is not relied upon in the case. It may still be disclosed to the defence if it could assist or undermine the prosecution’s case.
What is disclosure?
Disclosure is the process by which the prosecution provides the defence with relevant evidence, including statements, reports, or other material, to ensure a fair trial.
What does credit mean?
Credit refers to sentencing discounts you may receive if you plead guilty. The earlier you do so, the greater the reduction: typically, a guilty plea at the first opportunity can reduce the sentence by up to one-third. If you plead guilty later in the process, the reduction decreases on a sliding scale. This encourages early admissions of guilt while rewarding cooperation and can significantly affect the overall sentence.
What sentence will I get?
It is not possible to give a definitive answer about your sentence, as each case is unique and depends on the specific allegations, evidence, and circumstances. The best course of action is to contact The Law Firm for personalised advice. Our solicitors can assess your case and guide you on likely outcomes and options to achieve the best possible result.
What should I do if I have further questions?
If you have additional questions or need personalised advice, contact The Law Firm directly. Our team is here to provide guidance, explain your options, and support you throughout your case.