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Criminal Law FAQ: Your Rights and Legal Representation in Kent
Key Takeaways
- Voluntary interviews are governed by section 29 of PACE
- You are free to leave at any time as you are not under arrest
- You have the right to free legal advice even for voluntary interviews
- Anything you say can still be used as evidence against you
Frequently Asked Questions: Criminal Law in Kent
As Kent's leading police station representative, I regularly receive questions about criminal law procedures, rights during arrest, and police station interviews. Here are the most common questions and their answers to help you understand your legal position.
What happens when I'm arrested in Kent?
When arrested at any Kent police station, you must be informed of your rights immediately. These include the right to remain silent, the right to free legal advice, and the right to have someone informed of your arrest. The police must also tell you why you're being arrested and caution you that anything you say may be given in evidence.
Do I need a solicitor for a voluntary interview?
Absolutely. Even though it's called 'voluntary', you're still under investigation for a criminal offence. Having legal representation ensures you understand the implications of your answers and protects you from inadvertently incriminating yourself. Our service covers all voluntary interviews across Kent police stations.
How long can police hold me without charge?
Generally, police can hold you for up to 24 hours without charge. This can be extended to 36 hours for serious offences, and up to 96 hours with magistrates' court approval. For terrorism-related offences, detention can be longer. We monitor all detention periods to ensure your rights are protected.
What should I do if I'm invited for a police interview?
Contact us immediately on 07535 494446. Don't attend any police station interview without legal representation. We provide free initial advice and can attend with you at any Kent police station. Early legal intervention often leads to better outcomes.
For immediate legal advice regarding any criminal matter in Kent, call 07535 494446 - We aim to respond as quickly as possible. If detained, ask custody staff to contact a solicitor. 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 I refuse to attend a voluntary interview?
Yes, you can refuse. However, the police may then arrest you under section 24 of PACE if they have reasonable grounds to suspect you of an offence. It is usually better to attend with legal representation.
Do I have to answer questions in a voluntary interview?
No. You have the right to remain silent. However, under section 34 of the Criminal Justice and Public Order Act 1994, adverse inferences may be drawn if you fail to mention facts you later rely on in court.
Is a voluntary interview recorded?
Yes. Under Code E, paragraph 3.1, all interviews about indictable offences must be audio-recorded. This protects both you and the police by providing an accurate record.
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, section 29
- Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2015, Code C, paragraph 3.21
- Police and Criminal Evidence Act 1984, section 58
- Criminal Justice and Public Order Act 1994, section 34
- Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2015, Code E, paragraph 3.1