Maybe you are reading this, and you have never been involved with the Police before.
Or maybe you or someone you know has recently been arrested.
If the latter is the case, you may be feeling bewildered and unsure of what will happen next.
This blog sets out what usually happens after an arrest takes place and aims to provide an overview of the steps that can be taken so that the suspect has a fair chance at presenting their defence before charge.
Following an arrest, a suspect is usually interviewed under caution.
This means that the suspect's rights are read to them, namely the right to remain silent, the right to legal representation and the right to talk.
It makes sense that exercising the right to legal representation ensures the protection of the suspect's legal interests are protected.
Once the legal rights and the consequences of exercising them are understood, a police interview takes place which is recorded.
This is the ‘anything you say maybe used in evidence against you’ part. Interestingly, ‘anything you choose not to say’ can also be used against you, which is why legal advice is paramount.
After a police interview, the suspect may be released pending further investigation by the police.
Often, bail conditions will be imposed.
This blog focuses on the important part following a suspect’s release after the interview.
Pre-Charge Engagement is a procedure that is set out in the Attorney General’s Guidelines (with the exception of pleas in serious or complex fraud cases).
It is a voluntary process of engagement that can happen after the first police station interview. In simple terms, it provides the suspect with an opportunity to present evidence that points away from the prosecution case.
Advantages of Pre-Charge Engagement
- Pre-Charge engagement is formally stated and encouraged in the Crown Code for Prosecutors and can impact a decision to charge a suspect with an offence. Engagement can help to avoid a charging decision being made, that would later be stopped during court proceedings.
- Where innocence is maintained, this can also be identified early, which avoids a long-drawn-out investigation, as well as reducing the burden of costs on the public purse.
- The issues at hand can be narrowed so that unnecessary lines of enquiry are discontinued.
It is recommended that information regarding pre-charge engagement is given to the suspect after the police station interview; however, this recommendation is not necessarily being adopted in all forces, leaving individuals uninformed and at the peril of the prosecution case against them.
The Monan Gozzett Approach
We believe pre-charge engagement is essential for equitable justice and to uphold the rule of law.
Once instructed, we approach the officer in charge of the case and place ourselves on record, controlling the defence case so that our clients do not feel as if they are in the unknown and uninformed territory.
We make sure our client’s legal interests remain fully protected at all times.
This pre-charge protection involves conducting our own investigations and providing the police with any exculpatory evidence that points away from the prosecution’s case.
Our clients feel protected and reassured that we are fully alert to the progression of a police investigation, that we are communicating with officers and are fighting our client’s corner from the very beginning.
Take a look at our dedicated webpage on pre-charge engagement for more information, and if you wish to contact us for a discussion regarding a police station matter in the strictest of confidence, please telephone 020 7936 6329 or email info@monangozzett.com to speak to one of our dedicated team.
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved
If you would like to speak to our expert legal team about this, or any related subject then please contact our team by phone on 0207 936 6329, Email or by completing our Quick Contact Form below.
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved