No need for a solicitor at the police station?

It never ceases to amaze us why so many people are prepared to go into a Police or other interview without legal representation when they are to be questioned about their suspected involvement in a criminal offence.

1. Is it perhaps because they think it will cost them money?

If so they are wrong. Legal Aid is available free of charge to anyone who is to be interviewed by a Police Officer, whether at a Police Station or anywhere else. Legal Aid is also available, subject to means, to anyone who is to be interviewed by an Officer of another organisation, such as the Department for Work and Pensions or the Local Authority.

2. Is it perhaps because they think it will take too long?

If so they are wrong. Solicitors are required by the Legal Aid Agency to have a Police Station response time of no more than 45 minutes from when the interviewing Officer is ready to commence. During office hours our response time to Doncaster Police Station is normally about 10 minutes. Although we are based in Doncaster we have access to a network of agents throughout the country and the response time of 45 minutes or less can usually be met, wherever an interview is to take place.

3. Is it because they think it will make no difference?

If so they are wrong. Some people may have been told that the best way to deal with a Police interview is to maintain their right to silence or “go no comment”. Occasionally that may be appropriate but, if someone has a defence to advance, it is usually far better if they put their account forward at the earliest opportunity. The formal caution contains the warning that “it may harm your defence if you fail to mention when questioned something which you later rely upon at Court”. That means exactly what it says. Someone who maintains their right to silence in interview and then advances a defence at Court may well find that the Court are sceptical about that defence, wondering why, if the account is true, it was not put forward at the first opportunity.

At the end of the day we have a duty to protect our clients’ interests. When we attend to represent a client in interview we first discuss the case with the interviewing Officer and obtain disclosure of the allegation(s) and the evidence to support the allegation(s). Sometimes the case against a client is weak, or based on the evidence of a witness or witnesses who may be reluctant to testify. In any event we then take instructions from the client. If the account the client would advance in interview would incriminate him or her in the alleged offence(s) or indeed in some other offence(s) we will discuss with the client whether or not in the circumstances he or she might be well advised to maintain their right to silence.

So, if you are to be interviewed about an alleged offence remember:

1. Usually it will cost you nothing to be represented (and you can check that with the Solicitor by telephone before he or she attends).
2. Usually it will take between 10 and 45 minutes for a Solicitor to get there (and a small wait at that stage may make all the difference later).
3. Being represented by a Solicitor can often make matters very much better at the end of the day.
4. Our out of hours telephone number is 07927 338920 but if you forget that just remember our name. Grainger Appleyard.