Police Station Agent is a private defence website operated by Robert Cashman — NOT Kent Police. Legal services are delivered through Tuckers Solicitors LLP (SRA number 592449).
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
I'm asked these questions all the time at Kent police stations. They cover criminal law procedure, rights on arrest and police 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 you are arrested, you must be told that you are under arrest and the grounds for it (PACE section 28), and you must normally be cautioned (Code C, paragraph 10.4). The caution tells you that you do not have to say anything. When you are brought to the police station, the custody officer must tell you about your continuing rights: to consult privately with a solicitor, with free independent legal advice available; to have someone told of your arrest; and to consult the Codes of Practice (Code C, paragraph 3.1). You must also be told about the offence and why you are being detained.
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 (PACE section 41). An officer of superintendent rank or above can extend this to 36 hours if the offence is an indictable offence and the other conditions are met (section 42). After that, only a magistrates' court can authorise further detention, up to a maximum of 96 hours (sections 43 and 44). Under the Terrorism Act 2000, detention can last up to 14 days (Schedule 8, paragraph 36). We monitor all detention periods to ensure your rights are protected.
What should I do if I'm invited for a police interview?
Use the custody check or the voluntary interview form on this site. 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, - We aim to respond as quickly as possible. If detained, ask custody staff to contact a solicitor. For more about police station representation, visit our Police Station Representation 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 decide to arrest you. An arrest under section 24 of PACE needs reasonable grounds to suspect you of an offence and reasonable grounds to believe that arrest is necessary for one of the reasons in section 24(5), such as allowing the prompt and effective investigation of the offence. Speak to a solicitor before deciding.
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, a court may draw an adverse inference if, when questioned under caution, you fail to mention a fact you later rely on in your defence and which you could reasonably have been expected to mention at the time.
Is a voluntary interview recorded?
Yes, usually. Under PACE Code E (2018), paragraph 2.1, an interview under caution about any offence must be audio recorded where an authorised recording device and a suitable room are available. Some interviews are also video recorded under Code F. The recording gives an accurate record for both you and the police.
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
- PACE Code C (2023), paragraphs 3.1, 3.21, 3.21A, 10.3 and 10.4 (brought into operation by SI 2023/1422)
- Police and Criminal Evidence Act 1984, section 28 (information on arrest) and sections 41, 42, 43 and 44 (detention limits)
- Terrorism Act 2000, Schedule 8, paragraph 36
- Police and Criminal Evidence Act 1984, section 58
- Criminal Justice and Public Order Act 1994, section 34
- PACE Code E (2018), paragraph 2.1
Sources
- GOV.UK — PACE Code C 2023 (accessible text)
- PACE 1984, section 58 — right to legal advice at the police station
- PACE 1984, section 76 — exclusion of confessions
- GOV.UK — Being arrested: how long you can be held in custody
- Home Office — Notice of Rights and Entitlements
- SRA register — Tuckers Solicitors LLP (592449)
General information only — not legal advice about any individual case. While every care is taken to keep information accurate, errors may occur and the law changes. Do not rely on this page instead of advice from a qualified solicitor. If you believe something is incorrect, contact us to report a content error. Statutory references and Code C paragraphs are summarised for readability; refer to the official published versions linked above.