Arrested?
Exactly what are you being accused of?
The police may arrest a person if there are reasonable grounds to suspect they have committed a criminal offence and the arrest is necessary. The police must genuinely suspect the person is involved (this is the subjective test), and there must also be sufficient information for a reasonable person to agree with that suspicion (the objective test).
When the police investigate — whether it is you or someone you care about — they can talk to anyone if they think a crime has happened. They can ask questions, gather information, and speak to witnesses, neighbours, friends, or anyone who might help them understand what happened.
Being arrested can feel unjust, but resisting only risks injury and, worse, additional charges. The police are entitled to use reasonable force where necessary to carry out an arrest.
The police must tell you:
· what crime they think you committed?
· why they are arresting you?
· who they are?
· where they are taking you?
They will tell you that you do not have to answer questions.
At this stage, do not answer any questions until you speak to us.
The police must take you to a police station as soon as possible.
At the Police Station.
You may be searched if the police suspect you carry a weapon, stolen goods, or illegal drugs. Once at the police station, further searches may take place, and items can be seized. These items often tell a story of their own.
A sergeant will look at your case and decide whether your detention is lawful and necessary. You do not have to give personal details. If you choose to do so, only your name, address, and date of birth are necessary. If you refuse, you may be kept longer.
They can keep you for up to a day. After that, they must release you or charge you.
If you refuse to have your photograph or fingerprints taken, the police may use reasonable force. Other samples require consent.
You can ask the police to notify someone that you’ve been arrested.
At this stage, you should say:
“I am represented by Lord & Solomon.”
This tells the police to contact us. They will contact us.
Police questions
As part of their investigation, the police will interview you.
“The questioning of a person regarding their involvement or suspected involvement in a criminal offence.”
The purpose of the interview is to gather evidence about the allegation against you.
Anything said in the interview may later be used in court.
You will be cautioned: “You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
You do not have to answer police questions.
Lord & Solomon will attend the police station and request information about the allegation.
Lord & Solomon will review the facts and assess the strength of the case if the disclosure is incomplete or the evidence appears weak.
Lord & Solomon will advise you that silence buys you time.
The police and the Crown Prosecution Service must prove the case with evidence.
That evidence may undermine what any witness says.
We challenge any questions that are inappropriate, unfair, or misleading, to ensure nothing you say is taken out of context or misused.
You should not admit guilt at the police station.
You do not receive credit for a guilty plea at this stage.
For a case to proceed, the Crown Prosecution Service must decide:
There is sufficient evidence.
Prosecution is in the public interest.
Released?
No Further Action.
The police decide not to continue with the case.
This can happen when:
There is not enough evidence.
No further investigation is needed.
There is no realistic prospect of conviction.
At this stage:
You are not charged.
The investigation stops.
You do not go to court.
This does not determine guilt or innocence.
Freedom is precious.
Released Under Investigation.
You are released, but the investigation continues.
This can happen where:
Further evidence is needed.
Enquiries are ongoing.
No final decision has been made.
At this stage:
There is no set timeframe.
You are not charged.
You do not attend court.
You may be contacted again.
Being involved in a police investigation can be overwhelming.
Police Bail.
You are released but must return on a set date. Conditions may apply.
This can happen where:
Enquiries are ongoing.
Evidence is still being gathered.
Risk needs to be managed.
No decision has yet been made.
At this stage:
You are not charged.
You must return to the police station.
Conditions may restrict who you contact or where you go.
Failing to comply may lead to arrest.
Charged with an Offence.
The police issue a charge sheet setting out the allegation.
This can happen when:
There is evidence that could lead to a conviction.
Prosecution is in the public interest.
At this stage:
You are charged.
You must attend court.
You may be released on bail.
Bail conditions may apply.
Failing to attend court is a separate offence.
Law is unforgiving.
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Harassment is when someone repeatedly acts in a way that causes another person worry, fear, or stress. It can also include pressuring someone to do something they don’t have to do, or stop them from doing something they are allowed to do. It is against the law and can lead to a fine or up to two years in prison.
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This is when someone tries to scare or threaten a witness, juror, or anyone helping with a criminal case. Doing this is illegal. If you are found guilty, you could get a fine or go to prison for up to five years.
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This is when someone tries to interfere with the justice system. Examples include lying, hiding evidence, stopping the police from doing their job, or trying to influence witnesses. It is a very serious offence and can carry a life sentence in prison.
Remanded in Custody.
If the police believe you pose a risk, you may be kept in custody.
This can happen when:
The offence is serious.
There is a risk of further offending.
There is a risk of interfering with witnesses.
Previous convictions increase risk.
Bail conditions are not sufficient.
There is a risk you may not attend court.
You will appear before the Magistrates’ Court at the earliest opportunity.
Being charged by the police is not the same as being found guilty.
The right to a fair trial applies to every person. The law must treat everyone the same. No one is allowed to be judged unfairly. You must be given a real chance to tell your side of the story. You must be able to understand what you are accused of. You must be able to speak to a lawyer. The court must listen to the evidence properly before making a decision. No one is allowed to punish you unless the court has heard the case fairly.