Why you need a criminal solicitor in the police station
Key Takeaways
- Your solicitor has the right to disclosure under Code C, paragraph 11.1A
- Disclosure must be sufficient to enable proper legal advice
- You can refuse to answer questions if disclosure is inadequate
- Always request a solicitor before any police interview
Why you need a criminal solicitor in the police station
This comprehensive guide provides expert information about why you need a criminal solicitor in the police station in Kent, UK. Understanding your rights and legal options is crucial when dealing with the police.
Your Legal Rights
Under the Police and Criminal Evidence Act 1984 (PACE), you have important rights when dealing with the police:
- Free legal advice from an accredited solicitor
- The right to have a solicitor present during interview
- The right to disclosure of the case against you
- The right to understand the allegations
Why Legal Representation Matters
Having an experienced solicitor present ensures:
- Your rights are protected throughout the process
- You understand the legal implications
- Police procedures are followed correctly
- You receive expert advice before making decisions
Free Legal Advice
Legal advice and representation at the police station is free under Legal Aid, regardless of your financial circumstances. This is a fundamental right under PACE 1984.
The Importance of Early Legal Advice
Seeking legal advice before your interview is crucial because:
- You may not understand the legal implications of what you say
- The police may use leading questions
- You may inadvertently admit to something you didn't do
- Your words can be used as evidence in court
What a Solicitor Does for You
An experienced criminal solicitor will:
- Obtain disclosure of the case against you
- Advise you on the strength of the evidence
- Help you prepare your response
- Protect your rights throughout the process
The Importance of Pre-Interview Disclosure
Before any police interview, your solicitor should obtain disclosure from the investigating officer. Under Code C, paragraph 11.1A, you are entitled to be informed of the nature of the suspected offence and why you are suspected of committing it. This information must be sufficient to enable your solicitor to provide proper legal advice.
What Should Disclosure Include?
Proper disclosure should include the details of the allegation, any evidence gathered such as CCTV, forensic evidence, or witness statements, the circumstances of your arrest if applicable, and any other material facts relevant to your interview. Under the Criminal Procedure and Investigations Act 1996, section 3, the prosecution has ongoing disclosure obligations.
Challenging Inadequate Disclosure
If the police provide insufficient disclosure, your solicitor can make representations to the custody sergeant under Code C. Where disclosure is inadequate, your solicitor may advise you to make no comment in interview until proper disclosure is provided. This protects your position while ensuring fairness in the investigation.
Further Information
For more information about police station representation and your legal rights, visit our Duty Solicitor Services page. If you have been invited for a voluntary interview, see our guide on Voluntary Interview Advice. For local services, check our Kent Police Stations guide.
Frequently Asked Questions
Can the police refuse to give disclosure?
The police must provide sufficient information under Code C, paragraph 11.1A. If they refuse, your solicitor can advise you on the implications and whether to answer questions without full disclosure.
What if I answered questions without a solicitor?
Any answers given may still be used as evidence. However, the court will consider whether you were properly advised of your rights under section 58 of PACE when assessing the weight of that evidence.
Is disclosure the same at police station and court?
No. Police station disclosure is more limited. Full prosecution disclosure occurs after charging under the Criminal Procedure and Investigations Act 1996.
Disclaimer: This article is for general information only and does not constitute legal advice. For advice specific to your situation, contact a qualified solicitor. Legal Aid is available for police station representation regardless of your financial circumstances.
References
- Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2015, Code C, paragraph 11.1A
- Criminal Procedure and Investigations Act 1996, section 3
- Police and Criminal Evidence Act 1984, section 58
- R v Argent [1997] 2 Cr App R 27