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- Police Caution ? What's The Difference?
What is a police caution? A police warning is something that the police can give you if you admit an offence and agree to it. It is not a criminal conviction, but it is a way of recoding a minor crime, such as writing graffiti on a bus shelter. It has to be given by a senior police officer. You can be charged if you do not accept it and the prosecution think there is enough evidence to take you to court. A police warning can show on standard and enhanced DBS checks. A DBS check is a way for employers to check your criminal record, to help decide whether you are a suitable person to work for them. This includes deciding whether it is suitable for you to work with children or vulnerable adults. A DBS check can show different types of information, depending on the level of the check: A basic DBS check shows any unspent convictions or conditional cautions that you have. A standard DBS check shows any spent or unspent convictions, cautions, reprimands or warnings that you have. An enhanced DBS check shows the same information as a standard check, plus any additional information that the police think is relevant to the job that you are applying for. A police warning can affect your chances of getting a job, especially if it is related to the role that you are applying for. For example, if you have a police warning for shoplifting, you may find it hard to get a job in retail. However, some employers may be more lenient and consider other factors, such as how long ago the offence happened, how serious it was, and what you have done since then. What is a caution before interview? A caution before interview is something that the police must give you before they question you about a suspected offence. This is also known as the right to silence. It is not a way of telling you off, but a way of informing you of your legal rights. The caution before interview usually goes like this: You do not have to say anything. But it may harm your defence if you do not mention, when questioned, something which you later rely on in court. Anything you do say may be given in evidence. This means that you have the right to remain silent and not answer any questions that the police ask you. However, if you choose to do so, it may affect your chances of defending yourself in court later on. Anything that you do say to the police can be used as evidence against you in court. The caution before interview is based on the principle that no one should be forced to incriminate themselves. It also aims to prevent the police from using unfair methods or pressure to make you confess or give false information. The caution before interview applies to anyone who is arrested or voluntarily attends a police station for questioning. If you are given a caution before interview, you should think carefully about whether you want to answer any questions or not. You have the right to ask for legal advice from a solicitor before or during the interview. You also have the right to have someone else present during the interview, such as an appropriate adult if you are under 18 or have a mental disorder. A caution before interview does not affect your DBS check, as it is not part of your criminal record. It is only a way of making sure that you understand your rights and the consequences of your actions. How are they different? The main differences between a police warning and a caution before interview are: A police warning is given after you admit an offence, while a caution before interview is given before the police question you. A police warning can affect your DBS check, while a caution before interview does not. A police warning is a way of telling you off for a minor crime, while a caution before interview is a way of informing you of your legal rights. What are the consequences of failing to mention something in the police interview? One of the most important parts of the caution before interview is this: But it may harm your defence if you do not mention, when questioned, something which you later rely on in court. This means that if you decide not to answer any questions or give an account of what happened, and then later try to use an explanation or evidence in court that could have been mentioned earlier, the court may draw an adverse inference from your silence. An adverse inference is when the court thinks that your silence suggests that you are guilty or lying. For example, suppose that you are accused of stealing money from your employer’s cash register. The police ask you why there was money missing from the register when only you had access to it. You decide not to answer this question or give any explanation. Later in court, you try to say that someone else must have taken the money when you were not looking, and you have a witness who can confirm this. The court may think that this is a made-up story, because you did not mention it when the police asked you. The court may then use your silence as evidence against you, and find you guilty of theft. Therefore, it is very important that you consider the consequences of failing to mention something in the police interview. If you have a reasonable explanation or evidence for what happened, you should tell the police as soon as possible, or at least consult a solicitor before deciding whether to speak or not. Otherwise, you may harm your defence and make it harder for yourself to prove your innocence in court. Summary In summary, a police warning and a caution before interview are two different things that have different purposes and effects. A police warning is given after you admit an offence and agree to be told off, and it can show on your DBS check. A caution before interview is given before the police question you about a suspected offence, and it does not affect your DBS check. However, if you fail to mention something in the police interview that you later rely on in court, the court may draw an adverse inference from your silence and find you guilty. If you require free police station representation in Kent contact Police station agent on 01732 247427
- Whats A Duty Solicitor?
Understanding Duty Solicitors in England and Wales Hello to our readers in England and Wales! Today, we'll delve deep into the world of 'duty solicitors', understanding their role in police stations, courts, and the entire legal process. We'll also help dispel some myths surrounding them. 1. Police Station Duty Solicitor: A police station duty solicitor is a lawyer who provides free legal advice and assistance to individuals detained at a police station. This is a crucial phase, as what transpires in a police station can significantly impact the outcome of your case. What do they do? They offer advice on your rights while in detention. They can attend police interviews to ensure you are treated fairly and legally. They can help you understand the allegations against you. 2. Court Duty Solicitor: A court duty solicitor, on the other hand, provides legal representation for defendants in magistrates' courts who don’t have a solicitor of their own. What do they do? They advise and represent individuals at preliminary hearings. They can communicate on your behalf, argue bail applications, and help you navigate the early stages of court proceedings. 3. Are they free? Yes, both police station duty solicitors and court duty solicitors provide their services free of charge. They are funded by the Legal Aid Agency. 4. Are they in league with the police? No, duty solicitors are independent legal professionals. Their primary duty is to their client (you), not the police or prosecution. 5. Why should you have one? At the police station: Anything you say during an interview can be used as evidence against you. Having legal advice ensures you're aware of your rights and can navigate the process without inadvertently self-incriminating. In court: The legal system can be complex. A duty solicitor helps you understand the process, ensuring your rights are protected. 6. Voluntary interviews: You're entitled to free legal advice even during voluntary police interviews. While you're not under arrest, the implications of the interview can still be serious. 7. Why have a solicitor in court? It's beneficial to have professional representation to guide you through the court process, argue on your behalf, and ensure you receive a fair trial. 8. Can you have your own solicitor? Absolutely! While the duty solicitor is there to help if you don’t have your own representation, you're always allowed to hire a private solicitor or use one you've used previously. 9. Payment for your own solicitor: If you choose your own solicitor: At the police station: Your rights to free legal advice still stand. You can instruct your own who will be paid by the Legal Aid Agency. In court: Depending on your financial circumstances, you may qualify for legal aid to cover the costs. Otherwise, you might have to pay privately. Conclusion: The duty solicitor system in England and Wales ensures that individuals are not left without legal representation in crucial situations. If ever in doubt or feeling overwhelmed by the legal system, remember that these professionals are there to guide and support you, always acting in your best interest. If you need police station representation in Kent please call 01732 247427. Its free!
- IS LEGAL ADVICE FREE AT THE POLICE STATION?
Understanding Legal Advice Rights in England and Wales After Arrest Being arrested can be a traumatic experience, especially if you have no idea about what happens after. One of the common questions asked by individuals held in police custody is if they can receive legal advice free at the police station It's essential to know your legal rights in these circumstances, as they can impact the outcome of your case. This blog post aims to help you understand if legal advice is free in England and Wales after arrest and what it covers. The answer to whether legal advice is free if you're arrested in England and Wales is "yes." The police have a duty to ensure that you receive legal advice as quickly as possible if you're arrested and held in custody. This advice can be provided by your own criminal soliciitor or by the duty solicitor, a lawyer who is on call and available 24 hours a day. The cost of this advice is met by the state. The duty solicitor or your own criminal solicitor can advise you on your legal rights, the charges against you, and the options available. You'll also be advised on whether you should answer police questions, as anything you say may be used in evidence against you. It's worth noting that the solicitor may not necessarily represent you in court. If you're charged and decide to plead not guilty, you'll need to instruct a solicitor or barrister of your own choice. The Legal Aid Agency may provide funding to those who can't afford legal representation but meet certain eligibility criteria. Legal advice doesn't just cover criminal offences - it can also extend to the conditions of your custody. You have the right to be held in a safe and humane environment, and legal aid can help you enforce this right. For example, you may need legal advice if you're not receiving appropriate medication while in custody, or if you're being bullied by other detainees. Conclusion: Legal advice is available for free after an arrest in England and Wales, and it covers your legal rights, the charges against you, and the options available. The duty solicitor will provide this advice, and it's paid for by the state.n. Knowing your legal rights and taking advantage of legal advice can significantly impact the outcome of your case. If you need free legal representation at the police station in Kent please contact Police Station Agent on 01732 247427
Other Pages (53)
- Police Station Rep FAQ
Police Station Rep FAQ The Importance of a Police Station Representative Why you need a Police Station Rep? Read More The Role of a Police Station Representative What a Police Station Reps role is? Read More What is a Police Station Representative What is a Police Station Rep? Read More
- Police Station Agent - Why Use Us As Agents
Why Use Us As Your Police Station Agent In Kent? Are you looking for a police station rep agency to represent your client in Kent? Look no further. Policestationagent.com is the perfect choice for criminal solicitors firms who need someone they can trust to provide professional and reliable representation at their client’s police station interviews. Here are five reasons why you should use our service: 1. Cost effectiveness – Our services are extremely cost effective, allowing you to allocate resources elsewhere while we take care of representing your client at the police station. 2. Price – We offer a a competitive initial fixed fee rate that make using our services an excellent option for both small and large legal firms alike. We are cheaper than any other known agency firm in Kent. 3. Availability – We are open late into the evening, so even if your client is facing an evening interview, you can count on us to provide quality representation on time. 4. Dependability – We cultivate long-term relationships with our clients and are dedicated to providing the best service possible each and every time. We want you to come back and use us again and again. 5. Professionalism – Our team of professional reps are highly qualified and well versed in police interview techniques, so you can be sure that your client will get the knowledgeable representation they need in a police station setting. At policestationagent.com we believe that our high standards of professionalism, dependability, availability, price and cost effectiveness make us stand out from other rep agencies when it comes to representing clients at their police station interviews in Kent. Get in touch today to find out more on 01732 24747 or text us on 07535 494446 View More
- Police Station Agent - Where we cover
Police Station Rep Coverage Police Station Reps As your police station agent, we can attend upon your police station client at any police station within the Kent area within LAA allocated guidelines. Police station agent can also cover your police station duty slot and once supplied with your DSCC allocated pin number can log your calls too. Police station agent offers a comprehensive service and should your client be remanded in custody have extensive links with local Kent firms who will be willing to represent your client on your behalf in the Magistrates Court the next day. Police Stations Covered As your police station agent, we can cover any police station in Kent. These are Ashford Police Station, Bluewater Police Station, Bromley Police Station, Canterbury Police Station, Coldharbour Police Station, Dover Police Station, Folkestone Police Station, Maidstone Police Station, Margate Police Station, Medway Police Station. North Kent Police Station, Plumstead Police Station, Sevenoaks Police Station, Swanley Police Station, Sittingbourne Police Station. Tonbridge Police Station and Tunbridge Wells Police Station. With a bit of notice we can also cover the surrounding counties. Where we are paid on a private basis we can cover England and Wales (Fees subject to negotiation and will be higher) Introductory Consultation Here at Police Station Agent we can adapt our services to help you. Get in touch to see what we can offer you. Police Station Agent - Police Station Rep services you can trust. View More Police station agent new video Play Video