Should I answer police questions?

Always seek legal advice before answering police questions. While you have the right to remain silent, the court can draw adverse inferences if you later rely on something you could have mentioned when questioned. A solicitor can advise on the best approach for your situation.

This depends on the offence, your circumstances, and any previous convictions. Many offences don't result in immediate prison sentences, especially for first-time offenders. Your solicitor can advise on the likely sentencing range based on the specific charges and circumstances.

How do I get a criminal defence solicitor?

If you're arrested, you can ask for the duty solicitor (free at the police station) or request a specific solicitor. For court cases, you can choose any criminal defence solicitor. Many offer free initial consultations and can advise on legal aid eligibility.

What is the difference between being charged and being arrested?

Arrest is when police take you into custody for questioning. Charge is when they formally accuse you of an offence and the case will go to court. You can be arrested and released without charge if there's insufficient evidence, or charged and bailed to appear at court later.

Can I change my plea?

It's generally possible to change a not guilty plea to guilty, which may still attract some sentencing credit. Changing a guilty plea to not guilty is more difficult and requires permission from the court. Speak to your solicitor immediately if you're considering changing your plea.

Complete Guide to Criminal Defence in England & Wales | The Solicitor Directory

Your Rights When Arrested

If you're arrested in England or Wales, you have important legal rights. You must be told why you're being arrested and cautioned that you do not have to say anything, but that anything you do say may be given in evidence. You have the right to free legal advice at the police station, which you should always take advantage of.

Once at the police station, you're entitled to have someone informed of your arrest, access to legal advice (free of charge), see the codes of practice governing police powers, and receive medical attention if needed. The custody officer must explain these rights to you and record them.

The police can detain you for up to 24 hours without charge for most offences, or 36-96 hours for serious offences with court authorisation. During this time, they can question you, but you have the right to have a solicitor present during interviews. Your solicitor can advise you whether to answer questions, give a "no comment" interview, or provide a prepared statement.

The Criminal Court Process

Criminal cases are heard in either the Magistrates' Court or the Crown Court, depending on the seriousness of the offence. Summary offences (less serious) are dealt with in the Magistrates' Court. Indictable-only offences (the most serious) must be heard in the Crown Court. Either-way offences can be heard in either court.

In the Magistrates' Court, cases are decided by magistrates (volunteer members of the public) or a District Judge. There is no jury. Maximum sentences are limited, typically to six months' imprisonment for a single offence or 12 months for multiple offences.

The Crown Court handles more serious cases, with a judge presiding and a jury of 12 members of the public deciding guilt. Sentences can be much higher, including life imprisonment for the most serious offences. You have the right to trial by jury for either-way offences if you choose, even if the magistrates think they can deal with it.

Police Station Representation

Getting legal advice at the police station is crucial. A solicitor can advise you on the strength of the evidence against you, whether you should answer questions or give a no comment interview, and ensure the police follow proper procedures. This advice is free, regardless of your financial situation.

Your solicitor can sit in on police interviews and intervene if questions are improper or if you need a break. They can take notes and ensure an accurate record is kept. After the interview, they can advise on whether you're likely to be charged and what might happen next.

If the police want to search your property, take samples, or conduct an identification procedure, your solicitor can advise on whether they have the right to do so and ensure proper procedures are followed. Evidence obtained improperly may be excluded at trial, so having a solicitor present helps protect your rights.

Legal Aid for Criminal Cases

Legal aid is available for criminal cases, ensuring that financial circumstances don't prevent access to justice. At the police station, legal advice is free for everyone, regardless of income. For court cases, means-tested legal aid is available based on your income and assets.

If you're charged and the case goes to the Magistrates' Court, you can apply for legal aid through your solicitor. You'll need to pass both a means test (based on your income and capital) and a merits test (showing it's in the interests of justice that you're represented). Most people facing criminal charges qualify.

For Crown Court cases, legal aid is granted automatically based on the interests of justice. However, if you're convicted and your income is above certain thresholds, you may be required to contribute towards or repay the legal costs. Your solicitor will explain how this works before you apply.

Preparing Your Defence

Building a strong defence requires gathering evidence, identifying witnesses, and developing a clear strategy. Your solicitor will review the prosecution's evidence, identify weaknesses, and investigate your side of the story. This might include obtaining CCTV footage, instructing expert witnesses, or interviewing defence witnesses.

The prosecution must disclose evidence they intend to rely on and any evidence that might help your defence. Your solicitor will review this disclosure carefully, as prosecution cases sometimes fall apart when evidence is examined closely. If disclosure is incomplete, your solicitor can make applications to the court.

Your defence might involve challenging the prosecution's evidence (arguing it's unreliable or inadmissible), providing an alibi, or raising a legal defence (such as self-defence). In some cases, the best strategy might be to negotiate with the prosecution for reduced charges. Your solicitor will advise on the best approach for your circumstances.

Sentencing and Appeals

If you plead guilty or are found guilty, the court will sentence you. Sentences range from discharges and fines to community orders and imprisonment. The court considers sentencing guidelines, the seriousness of the offence, aggravating and mitigating factors, and your personal circumstances.

A guilty plea typically results in a reduced sentence, with the biggest reduction (up to one-third) for pleading guilty at the earliest opportunity. Your solicitor can present mitigation on your behalf, highlighting factors that might persuade the court to impose a more lenient sentence.

If you're convicted and believe there's been an error, you may be able to appeal. From the Magistrates' Court, you can appeal to the Crown Court for a complete rehearing or to the High Court on a point of law. From the Crown Court, you need permission to appeal to the Court of Appeal. Strict time limits apply, so seek advice quickly if you want to appeal.