Do I need a solicitor at my police interview?
You always need a solicitor if you’re going to be interviewed by the police.
And that’s the case whether you’ve been arrested or whether you’ve been asked to attend a voluntary interview.
In either scenario, you have the right to free and independent legal advice — and it’s important that you take it.
If you’re concerned that having a solicitor present might suggest you have something to hide, you can rest assured this is not the case. Most people who speak to the police are expected to have legal representation and, in fact, the process is more seamless with a legal representative.
Why do I need a solicitor?
Every case starts with a police station interview. Having a solicitor present will ensure you’re protected from the outset and have access to the robust advice you need. A solicitor will also protect and advance your legal rights — whether it’s a minor or serious offence.
What happens in a solicitor consultation?
Before the police interview, you’ll have a thorough private solicitor consultation, where you’ll be advised on the evidence provided and the law. You’ll be given the chance to provide your instructions in private and you’ll be advised on how to approach the interview.
For example, this might be to:
Answer all the questions put to you
Give a ‘no comment’ response to all questions
Provide a prepared statement at the beginning of the interview that outlines your position and addresses any relevant evidence.
Following your solicitor consultation, your solicitor will sit with you throughout your interview and ensure that the interview is fair.
Negotiating the police interview under caution
The police interview under caution happens at the beginning of the legal process, but it can have a substantial impact on the outcome, so it should not be taken lightly.
Before your interview you’ll be cautioned, which allows the police to make a record of everything you say.
Any comments can be used against you at a future trial, so taking your solicitor’s advice on what to say is essential.
Knowing your police interview rights
Police station interviews are governed by Police Criminal and Evidence Act 1984 (PACE) codes of practice. This document outlines your police interview rights — and you’ll be entitled to a copy, but it’s complex and many people find it difficult to understand.
Solicitors are well-acquainted with these codes of practice. They will already know your rights and can explain them to you before your police interview.
Handling your concerns
Your solicitor will deal directly with the police to make arrangements and raise any issues or concerns you may have.
They will also obtain the disclosure from the officers and ask any questions if further disclosure is required.
What happens after a police interview?
After the police interview you may be:
Charged and due to appear before the court
Bailed and required to attend the police station
Released under investigation
Released without charge.
Whatever the police interview under caution outcomes, your solicitor will advise you on the procedure going forward. They will then continue to liaise with the police, if required.
Do you need a free solicitor for a police interview?
Regardless of your income you’re entitled to a free solicitor for a police interview and free independent legal advice. And it’s advisable to take both.
Harewood Law can help by:
Advising you on the procedure
Obtaining disclosure from the police — sometimes in advance, if we want to speed things up
Advising you on the evidence and the law
Advising you on the best way to approach the interview
Advising you on the possible police interview under caution outcomes
Discussing what happens after a police interview.
If you’ve been called for a police interview, contact our offices. We will then speak to the police directly and make all the necessary arrangements.
About Harewood Law
Harewood Law is based in Leeds, but deals with cases nationwide.
You can contact our representatives at any time 24/7.
We can represent you via Legal Aid or on a private basis.
Contact Harewood Law
From 9.00am - 5.00pm, call: 0333 344 8377
After 5.00pm, call: 0333 344 8366
Email: info@harewoodlaw.com
Website: www.harewoodlaw.com