The police investigate crimes and arrest suspects; they don’t decide guilt.
Being charged by the police is not the same as being found guilty.
Solomon is arrested — in order to make an arrest, the police officer must have reasonable grounds to suspect that an offence has been committed and that Solomon has committed it. This is a low evidential threshold. Solomon is referred to as a ‘suspect’.
Innocent until proven guilty.
Solomon is charged — To charge a suspect, the custody officer, in consultation with the Crown Prosecution Service, must decide whether there is sufficient evidence to charge (i.e., whether there is enough evidence to provide a realistic prospect of Solomon’s conviction). This is a slightly higher standard than what is needed for a lawful arrest. In making this decision, the contents of Solomon’s interview with the investigating officer will also be considered. If he is charged, Solomon is called a ‘defendant’.
Burden of proof lies with the prosecution to establish guilt.
Silence does not imply guilt.
At an early stage in the proceedings, Solomon will be asked to enter a plea of either guilty or not guilty.
The court decides if you are guilty or not guilty.
As the burden of proof rests with the prosecution, the prosecution opens the case and calls its witnesses. Once all the prosecution evidence has been heard, the defence can make a submission of ‘no case to answer’, effectively saying that the prosecution has not presented an arguable case. If this succeeds, the case against the defendant ends without Solomon needing to put his side of the story. Only if there is a case to answer will the defence present its case, and the court will then decide whether Solomon is guilty or not guilty.
A police arrest is not proof of guilt.
The police may arrest an individual where they have reasonable grounds to suspect involvement in a criminal offence, and where it is necessary to do so. The conduct of the police during an investigation is governed by the Police and Criminal Evidence Act 1984 and its associated Codes of Practice.
At the conclusion of an investigation, a suspect may be released with no further action, released under investigation, released on bail pending further enquiries, or charged with a criminal offence. In more serious or complex cases, charging decisions are made by the Crown Prosecution Service.