I am going to be interviewed by the Police. I don’t need a Solicitor do I?

The answer to that question depends very much on whom you ask.

If you ask the Police Officer who is going to interview you, he is likely to say “No you don’t”.

If you ask a lawyer his answer is likely to be a resounding “Yes you certainly do!”

Almost every week we speak to clients who have been asked to “nip down to the Police Station to get this sorted” or who have been arrested and taken there, and who have been interviewed without the free and independent legal advice which is available regardless of their financial circumstances.

The aftermath of an interview without legal representation can be quite alarming.

The fact that the client is asking us for advice after the event often means that all did not go as they expected at the Police Station and that they now need help after all.

There are two reasons why it is of the utmost importance to seek legal advice before being interview under caution by the Police.

The first reason is that at the beginning of the interview, the Police Officer will tell the client that he does not have to say anything, in other words he has the right to remain silent or “go no comment”.

The client may think it advisable to maintain his right to silence.

But if, for example, a client arrested for assault fails to mention when questioned that he used no more force than was reasonably necessary in defence of himself or another, he may find that several weeks later when he stands trial at Court his argument of self-defence is rejected because it had not been advanced in his Police interview.

The second reason may be unpalatable to some, but our duty is to advise our clients in their best interests.

So for example, if the evidence against a client is weak or Prosecution witness(es) are unlikely to testify at Court, the client may well be advised to maintain his right to silence.

We have found many times that clients have made admissions to offence that could never have been proved without their confession evidence.

Every case depends on its own facts and before a Police interview begins we will have ascertained from the Police Officer how strong the evidence against the client is, and we will then advice the client accordingly as to whether he should maintain his right to silence or whether he should advance whatever defence he may wish to put forward.

Sometimes clients tell us that it was suggested to them that requesting legal representation would mean that there stay in the Police Station would be longer.

That is unlikely to be the case.

Our offices are less than 10 minutes’ walk from Doncaster Police Station and in any event we have a response time to any Police Station in South Yorkshire of 45 minutes from the Police indicating that they are ready for interview.

Due to a nationwide network of agents, we can even offer a response time of 45 minutes to any Police Station in England and Wales!

Surely it is worth waiting 45 minutes when that can make the difference between being charged and not being charged, or between being convicted and not being convicted at trial.

Very often there is delay between arrest and interview because the Police are completing their investigations, but once they are ready to interview we can respond very promptly.

There may be a misconception that those who have “done nothing wrong” don’t need the assistance of a Solicitor and that legal representation is a sign that they are guilty.

This is wrong.

Getting legal advice is the right thing to do to make sure that whatever is said during the course of an interview is an accurate and complete explanation of the client’s case and not an inaccurate or incomplete explanation which may come back to haunt a client at a later stage.

At Grainger Appleyard our experienced and professional team of Solicitors are available 24 hours a day 7 days a week to advise and assist clients in all aspects of criminal investigations and proceedings.

Our details are lodged with the Police and are available on our website including our dedicated out of hours number.

The next time you or anyone you know is in a situation where the Police need to carry out an interview about an allegation, don’t hesitate to contact us.

You can be assured that you will be properly looked after and afforded a professional service.

Our out of hours number is 07927 338920.