Help? The Police Have Contacted Me!
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
If the police have contacted you, it's important to know your rights and what to do. Under section 29 of the Police and Criminal Evidence Act 1984, the police can invite you to attend a voluntary interview, but you are not under arrest at this stage.
Don't Panic
The police may contact you for various reasons - you could be a witness, they may need information, or they may want to speak to you about an allegation. Under Code C, paragraph 3.21, if you are not under arrest, you are free to leave at any time during a voluntary interview.
Obtain the Officer's Details
Always obtain the officer's name, badge number, and contact details. This information is important if you need to follow up or if your solicitor needs to contact them. Under Code C, paragraph 2.3, police officers must provide their name and station when asked.
Contact a Solicitor Immediately
Before speaking to the police, contact a criminal solicitor or accredited police station representative. Under section 58 of PACE, you have the right to free legal advice. Your solicitor can contact the police on your behalf, obtain disclosure of the case, and advise you on the best course of action.
Your Rights
You have the right to free legal advice under Legal Aid, regardless of your financial circumstances. This is provided under Schedule 1, Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Your solicitor can help arrange a voluntary interview at a convenient time and ensure your rights are protected throughout.
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