CRIME

If arrested in the UK, you have the right to know why you’re being arrested, to remain silent, and to consult a solicitor for free. You also have the right to inform someone of your arrest and receive medical help if required. These rights must be explained to you via a “caution.”

The police and law reserve the right to detain you for up to 24 hours without charge, or longer for serious offences (although often, this requires special dispensation from the courts). It’s fundamental to exercise your right to legal advice before answering any police questions. A solicitor can ensure you’re treated lawfully and help prevent unintentional self-incrimination.

During a police interview, you have the right to legal advice, to remain silent, and to know the nature of the allegation. You are not obliged to answer questions, and anything you say can be used as evidence. The interview must be recorded and conducted in line with legal standards.

Generally, you will be offered free legal advice from the duty solicitor, but alternatively, you can request a solicitor of your choosing. Having a solicitor present is crucial; they can advise you when to speak and when to stay silent. Even if you believe you’re innocent, speaking without legal support can harm your case. Always request legal representation before the interview begins.

Yes, legal representation remains equally vital if you’re falsely accused. Even baseless allegations can lead to arrest, stress, damage to reputation, and a potential criminal record if not properly defended by a professional. A solicitor can help ensure your rights are safeguarded during questioning, gather evidence in your favour, and guide you through the legal process, in turn, alleviating the burden placed on you.

False accusations require a robust legal response, including possibly launching a counter-investigation or pursuing civil action for defamation. A lawyer can challenge the prosecution’s case, cross-examine witnesses, and advocate for your innocence more effectively than self-representation. If you have been wrongfully accused of an offence, contact us for legal advice. 

An “either way” offence is a particular type of offence that can be tried in either the Magistrates’ Court or the Crown Court, depending on the seriousness of the case and the defendant’s preference. The process begins in the Magistrates’ Court, where magistrates decide whether the case is suitable for them to hear based on its severity. If they accept jurisdiction and the defendant consents, the trial proceeds there.

However, if the magistrates decline due to the seriousness of the offence, or if the defendant chooses, the case is sent to the Crown Court for trial by jury. Either way offences include crimes such as theft or assault causing actual bodily harm (ABH), and the choice of court impacts the trial procedure and potential sentencing outcomes.

While you’re legally entitled to represent yourself in UK courts, it’s often inadvisable. Legal procedures, evidentiary rules, and courtroom etiquette are multifaceted and complex, and without professional legal qualifications, you might miss crucial opportunities to defend yourself.

Judges are expected to be impartial and cannot assist you the way a solicitor or barrister would. If it is imperative to self-represent, we strongly suggest seeking help from organisations like Citizens Advice or the Bar Pro Bono Unit for guidance. Even limited legal input can greatly increase your chances of a just outcome.

After arrest, police or a court will decide whether you can be released on bail or kept in custody (remanded) until your court date. Bail is more likely if you’re not considered a flight risk or a danger to the public, especially in the instance of a summary offence.

Bail conditions may be attached, such as reporting to a police station or staying at a certain address, which will be imposed right up until your court hearing. Breaching certain bail conditions (i.e., not surrendering to bail) is a prosecutable offence and can subsequently lead to re-arrest and remand you in custody. 

If bail is denied by police, you have the right to request a bail hearing in court. A solicitor can present evidence and arguments to increase your chances of release. The earlier you engage legal help, the better your position will be when applying for bail.

You can apply for bail at your first court appearance or later if circumstances change. Courts consider factors like flight risk, risk to the public, and the seriousness of the offence. Conditions may be attached to increase your chance of being granted bail.

To improve your odds, a solicitor can propose sureties, electronic monitoring, or other conditions. If bail is refused, you can make another application if there’s a considerable change in your situation.

Sentencing in the UK follows guidelines from the Sentencing Council, which aim to ensure consistency. Judges consider the severity of the offence, harm caused, the defendant’s culpability, and any mitigating or aggravating factors. For example, theft might carry a fine or a community order, while violent crimes could lead to imprisonment.

Each offence has a sentencing range, and prior convictions or guilty pleas can significantly affect the outcome. Understanding the guidelines helps in assessing the likely consequences of a guilty verdict, and a solicitor can help argue for a more lenient sentence based on your circumstances.

If you believe your conviction or sentence was unjust, you can appeal. In the Magistrates’ Court, you have the right to appeal to the Crown Court. From the Crown Court, appeals on points of law go to the Court of Appeal (Criminal Division). You usually need to apply for permission, and there are strict deadlines (usually 21 days from sentencing).

Legal advice is essential for assessing whether there’s a strong ground for appeal, such as procedural errors, new evidence, or misinterpretation of the law. If your appeal is successful, the court can quash the conviction or reduce the sentence.

You’re legally allowed to change your solicitor at any time during a criminal case, but if you’re using legal aid, the process must be approved by the Legal Aid Agency. You’ll need to show that there’s a valid reason, such as a breakdown in trust or poor representation.

If you’re funding your defence privately, changing solicitors is straightforward, though it can cause delays or additional costs. Always document concerns and attempt to resolve them first, but if necessary, notify the court and your current solicitor in writing about your decision to switch.