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What does it mean? So you have had a phone call from the police officer following your voluntary interview at the local police station. They have told your files been marked "No Further Action" or "Refused Charge". What does that mean? 1. At this moment in time, your case will no longer be proceeded with. There is insufficient evidence to charge at this time a criminal offence However, you should be aware there is nothing to stop you being arrested or invited in for an interview should new evidence come to light, even if this is years or decades in the future. There is no statute of limitations in England and Wales. This means there is no time bar to any future prosecution or arrest in the future. 2. You should get any item or property back, provided the police cannot prove that it is criminal property or could be the subject of legal proceedings. Often the police will ask you to sign a disclaimer disclaiming all rights to the property. You should know that if you do so, you will lose all ownership to the property. This means you will not get it back. It does not mean should evidence come to light that it was not yours in the first place that you will not be arrested, charged and prosecuted. You should also be aware that it does not stop the police or anyone else taking civil proceedings against you with regard to the property. It just means that at this time the police believe that they cannot prove the case against you "beyond all reasonable doubt" so that the jury or magistrates are satisfied so that they are sure that you have committed the offence. 3. It does not mean that any property initially seized by the police is automatically yours and you cannot be sued for the return or damage to that property, Seizure and return of property by the police does not mean that property is not "stolen". Just that the police, at this time, cannot prove that it is. It does not stop civil claims being instituted against you by the "owner". Any civil claim will be considered by a civil court on the balance of probabilities, i.e. is it more likely than not that it is the claimants. This is completely different to the criminal burden of proof. If you require police station representation in the Kent area, please call Robert Cashman on 07897 015550

A Criminal Solicitor in England and Wales is a unique job unlike any other. Unlike other jobs it is essentially an amalgam of different roles. In essence if you are a Criminal Solicitor (for the defence) you will generally provide the following services: Provide Legal Representation to Defendants in the Police Station. 2. Provide Legal Representation to Defendants in the Magistrates Court including Advocacy. 3. Undertake file work and case preparation for Criminal cases in both the Magistrates and the Crown Court. 4. Obtain instructions from Defendants at home, in police stations, Courts and Prisons. 5. If suitably qualified, as a Higher Court Advocate "HCA" represent Clients as an Advocate in the Crown Court. Being a Criminal Solicitor is not a "9 to 5 job" but can be physically and mentally demanding. Defendants can be arrested day or night, 365 days of the year. Most successful criminal solicitors are "Duty Solicitors" contrary to popular belief they are not employed by or in league with the police but are criminal solicitors who have done additional qualifications to enable them to give legal advice to unrepresented Defendants at the police station or at the Magistrates Court. Everyone who is arrested in England and Wales and who are to be interview by the police are entitled to use the duty solicitor. This will be a Criminal Solicitor who is on a rota willing to come out to the police station day or night to represent a unrepresented defendant. Their services are free and they partake in the duty rota according to the available slots. Most duty solicitors will do 24 hours on a rota and hence it can be physically and mentally demanding representing defendants with little notice and little sleep. Again contrary to popular belief being a criminal solicitor is not well paid. Most Criminal Solicitors are paid by the Legal Aid Agency who pay their criminal solicitors firm a set rate per police station. This can be despite the number of hours they attend; the seriousness of the case or the time of day. Some fees are as low as £208 for a whole case however many the attendances. Robert Cashman is a Solicitor with Tuckers Solicitors who offers private and legal aid representation at the police station and in Court through Tuckers Solicitors. . If you wish to instruct him with regard to a criminal case please click on his image or phone 07535 494446

Common Assault in English Law is "using or threatening unlawful violence" It can be sometimes made up of two separate and distinct offences. An Assault - where the defendant intentionally or recklessly causes another to apprehend immediate and unlawful violence and A Battery - where the defendant intentionally or recklessly inflicts unlawful force. Common Assault is an offence that is triable only summarily. This means it can only be tried in the Magistrates Court. The Maximum sentence for Common Assault is six months imprisonment (although the racially or religiously aggravated form of the offence caries more). The only real defence to Common Assault in English Law is self defence though you can consent to common assault i.e. in the course of sport. The Sentencing Council produces sentencing guidelines for Common Assault which you can find here. The Courts always take domestic assaults very seriously as do the Crown Prosecution Service. The Crown Prosecutions Service approach to Domestic Violence is here NB The Author Robert Cashman can defend people accused of domestic violence through his links with Tuckers Solicitors. Robert is contactable on 07897 020 130

At the moment we can cover easily the following police stations with ease with our police station reps: (in no particular order) Ashford Police Station Bluewater Police Station Canterbury Police Station Coldhabour (Road Traffic) Police Station Dover Priory Customs and Excise Folkestone Police Station Maidistone Police Station Margate Police Station Medway (Gillingham) Police Station North Kent (Gravesend) Police Station Sittingbourne Police Station Swanley Police Station Tonbridge Police Station Tunbridge Wells Police Station We can also attend at Clients homes in Kent. We offer other services by arrangement and negotiation. Call us on 07451 245075....

Title: An In-Depth Look at Police Voluntary Interview Questions: What to Expect and How to Prepare Introduction: When it comes to understanding the criminal justice system, the police voluntary interview process is a crucial aspect that deserves attention. Whether you're a witness, suspect, or simply curious about the procedure, it's essential to know what to expect and how to prepare for it. This article will provide a comprehensive analysis of the questions you might encounter during a police voluntary interview, along with practical tips to help you navigate this experience confidently and effectively. Understanding the Police Voluntary Interview Process A voluntary police interview, sometimes referred to as a "caution plus three" or "PACE" interview, is a formal discussion between you and the police, conducted under caution, but without the need for an arrest. Although voluntary, these interviews are recorded and can be used as evidence in court. They generally cover a range of topics, from witness accounts to suspected involvement in criminal activities. Common Questions in a Police Voluntary Interview Though the specific questions asked during a voluntary interview will depend on the circumstances, here are some typical categories to expect: a) Personal Information: You will be asked for basic personal details such as your name, address, date of birth, and occupation. b) Incident Overview: The interviewer will inquire about the incident in question, including your knowledge, perspective, or involvement. They may ask you to recount specific events or provide details about other individuals involved. c) Alibis and Timelines: To establish a clear timeline of events, you may be asked where you were during the incident, whether you were alone or with others, and if anyone can confirm your whereabouts. d) Evidence and Contradictions: Police may question you about any inconsistencies in your story, physical evidence (e.g., fingerprints, DNA), or digital evidence (e.g., text messages, emails) that could link you to the incident. e) Motive and Opportunity: In some cases, the interviewer will explore potential motives for your involvement in the incident or ask how you might have had access or opportunity to participate in the alleged crime. Tips to Prepare for a Police Voluntary Interview a) Understand Your Rights: Familiarize yourself with your rights during a voluntary interview, including the right to remain silent, the right to consult a solicitor, and the right to leave at any time. b) Seek Legal Advice: Consider consulting a solicitor before the interview. A solicitor can provide guidance on the questions you may face and how to respond effectively, without incriminating yourself. c) Be Honest: It's crucial to be truthful during the interview. Providing false information can lead to criminal charges, and inconsistencies in your account may raise suspicion. d) Stay Calm and Composed: Maintain a calm demeanor and take your time when answering questions. It's better to pause and think before responding than to provide a hasty, inaccurate answer. e) Take Notes: After the interview, jot down the questions you were asked and your responses. This information can be useful if the case proceeds to court. Conclusion: Police voluntary interviews can be a daunting experience, but with proper preparation and an understanding of the process, you can confidently navigate this important aspect of the criminal justice system. Familiarize yourself with the frequent questions, know your rights, and consider seeking legal advice to ensure you're well-equipped to handle any situation that may arise. Can you be more specific? The questioning must be relevant. Let's take an example of an allegation of a theft from a shop. Clearly any questioning about a theft from a shop would not cover topics like who won the FA cup last week. The questioning must be relevant. It must be about the offence in question. For instance, if the offence happened in Sainsburys what would be relevant is what happened in Sainsburys that day. Not what event happened three months ago at your home address involving your partner. 2. It should be legal. Again, take the offence above - shop theft. Now theft is defined in law as "The dishonest appropriation of property with the intention of permanently depriving the owner of it". So , I would expect questions in a voluntary interview or otherwise like: Did you take the item? - relevance Appropriation. Why did you take the item? - relevance Intention. Did you intend to return it? - relevance Permanently depriving the owner Whose item, was it? relevance - Owner etc etc You should be aware that most voluntary interviews cover several offences. It is therefore important to know the legal definitions of the offences concerned and to get disclosure from the police officer of what evidence the police have got - see our previous blog posts about police disclosure. Oh, by the way! You need a criminal solicitor or police station accredited representative. If you want to know why again look at our previous blog posts. 3. Questioning should be fair. Presently U have a book open on my table re Police questioning It sets out unfair questions and I'll just list them for you to show you how many there are! Questioning should not be: Irrelevant. Ambiguous. About other offences. Hypothetical. Concerning a co-suspect. Multiple. Based on dubious or nonexistent evidence. Amount to an inducement to confess. Be oppressive. Be bullied. Right so what are these then? Well frankly the only way you are going to know what is and what is not is if you are a criminal lawyer or police station representative. A word of advice. Get one for the interview! In England and Wales, it is free under the legal advice and assistance scheme. Ask the police to contact the duty solicitor on your behalf or contact a local criminal solicitor who does criminal legal aid work. It's free and may make the difference between you going to prison or you walking out of the station without a stain on your character. If you have a voluntary police interview in England or Wales and want free legal representation either at a voluntary interview or if you have been arrested please contact police station agent on 07535 494446 for free police station representation by Robert Cashman a fully qualified criminal solicitor who works on behalf of Tuckers solicitors. Representation can be by remote attendance if you are outside our local area or in person in Kent and South East London.

The Police Interview. The Crucial Decision - Should you answer the police's questions? This is the crux of any interview. To decide on what to do you really need legal advice from a Criminal Solicitor or Accredited Police Station Representative. They will get "Disclosure" from the police officer and explain the police evidence to you in a pre-interview consultation. In deciding whether to advise you to answer questions or not they will need to hear from you, your version of events. Remember if you dont tell them the truth as to what has happened they will give you the wrong advice. The consultation with you is legally privileged. This means that no-one can use what you tell your solicitor in that consultation what you said without your permission. Even if the police were to accidentally hear it or record it, it cannot be used in court as evidence against you. The Criminal Solicitor or Police Station Representative will consider: The offence or offences you are suspected of committing. 2. The strength of the police case in relation to that offence. 3. Your explanation of what happened. 4. Legal defences that may be available. 5. Police powers and range of possible outcomes. Any police station criminal solicitor or accredited police station representative will probe the police for further details having received the officers disclosure. The police cannot lie in their disclosure but will frequently not provide information unless asked outright. For instance the police may say that they have a statement from the complainant but frequently leave out the fact that he or she are not supporting a prosecution. They may for instance imply they have a strong case against the person being interviewed but further probing may reveal that there are for instance no witnesses! This type of probing is the job of a legal representative. The Criminal Solicitors or police station representative first duty is to act in your best interests. This is not the same as the police's. They will then advise you as to whether or not to answer the police's questions. They will advise you as to what will happen in the police interview, the legal implications of the police's procedures, the police caution, timescales and range of outcomes. They will also monitor the interview to check that the police are conducting it legally and lawfully intervening as necessary when they think that the police are doing things that they should not be doing. If you have a voluntary police interview in England or Wales and want free legal representation either at a voluntary interview or if you have been arrested please contact police station agent on 07535 494446 for free police station representation by Robert Cashman a fully qualified criminal solicitor who works on behalf of Tuckers solicitors. Representation can be by remote attendance if you are outside our local area or in person in Kent and South East London.

The Police Interview The police interview is the crucial part of the investigation - at least as far as the police are concerned. Everything up to this point had been to make sure that from now on all the questions and the answers that you give are admissible in a court of law. Why are police interviews crucial as far as the police are concerned? Why do they always want to interview you? In a properly conducted police interview anything that you say which is against your interests is assumed to be true. Let me give you an extreme example. There is a robbery. You are arrested. The robber is alleged to have had a knife. You say in your interview "I did not do the robbery, but yes I do carry a knife" (thats illegal by the way). The statement is called a exculpatory statement. The prosecution can seek to admit it to prove that you indeed carry a knife. Despite your denial you have made an admission. Admissions help the police to prove a case against you and help the deciders of fact decide if you have done an offence. They can be devastating at trial. In extreme cases they can prove the whole of the prosecution case against you. How long should a police interview last? There is no set time for a police interview to last. Though the codes of practice suggest that breaks should be given at regular intervals i.e. 90 mins. Neither is there any guidance as to what questions should be asked. Why should I have a solicitor? Won't the police think I am guilty if I do? A solicitor is a basic legal right in all police investigations where the police are interviewing a suspect. Criminal Solicitors and Criminal police station reps or representatives are experts in criminal law. To give you a idea, to become a criminal solicitor most criminal solicitors in England and Wales will have successfully passed a law degree. They will then have embarked on a legal practice course which is at least two years in duration and spent two years undertaking a training contract in a solicitors practice. To become a police station criminal duty solicitor you will have to pass a portfolio demonstrating your competence at advising clients at police stations; a critical incident test and complete a specified number of police station attendances both on your own and being supervised by your training solicitor. To be a criminal solicitor at court you will also need to be tested on advocacy; produce a portfolio and prove your competence. Criminal solicitors and police station representatives are experts on criminal law. The police are not. Their job is to deter crime. This means ultimately investigating and obtaining convictions. A Criminal Solicitor can tell you whether you are guilty in law. The police cannot. Frequently in police interviews the police will try and drive a wedge between you and your solicitor by saying things like." Your solicitors advice is only advice. You dont have to take it. You will be the one before the court". My reply to that is think why the police are saying this. You would not take advice from a person you have just met to fix your car who has no mechanical qualifications. The police do not practice law. Their job is to police. Their interests are not your interests. A criminal lawyers first duty is to his client; you. The police's first duty is to protect the public. They have no duty to you to give competent legal advice whatsoever. More coming in part 4 - The Police Interview (Continued) If you have a voluntary police interview in England or Wales and want free legal representation either at a voluntary interview or if you have been arrested please contact police station agent on 07535 494446 for free police station representation by Robert Cashman a fully qualified criminal solicitor who works on behalf of Tuckers solicitors. Representation can be by remote attendance if you are outside our local area or in person in Kent and South East London.

Following on from our first post. Available here You will be cautioned. "You do not have to say anything". This means what it says. You do not have to say anything. You do NOT have to speak to the police officer if you do not want to. You can speak to them and answer there questions if you wish. The key thing is you do not have to.You can for instance sit in the interview and say to the police "No comment" to every question you are asked. (You can-not however stop them from interviewing you!) "But it may harm your defence, if you do not mention when questioned something which you may later rely on in court." This means if you do not mention in your interview a fact that you could reasonably expected to mention and you rely on later in court i.e. the details of an alibi the court can draw an adverse inference against you. An adverse inference could be, for instance, that the account that you have given at court is a lie. "Anything you do say may be given in evidence". This means that the police may either make a transcript of the interview and show it to the court later on or play the recording of the interview at Court. The police will usually check your understanding of the caution by asking you questions in the interview, for instance, Do you have to speak to us in the interview? What may the court think if you do not speak to us and it could be reasonably expected that you may mention a fact which you later rely on in court? How may the court see what's happened in the interview. They will do that to ensure that you do not, later on claim, that you did not understand the police caution and the significance of your replies. "I am investigating an offence of....." This is the point when they tell you what offence they are investigating and give a brief legal definition of it. If you have done the sensible thing and opted for a solicitor, or brought your own prior to this, this will not come as a shock! One of the advantages of having a solicitor is, it is the solicitors job, to obtain disclosure of as much evidence as he can from the police officer about the offence or offences prior to the police interview. If you have no solicitor the police are under no obligation at all to tell you anything prior to the interview as regards the evidence they hold pointing to your involvement with regards to an offence or details of it. They will not usually tell you anything at all if you have no solicitor, but will seek to spring it on you at interview to see your reaction or response. Instruction of a solicitor prior to any interview will mean the police will have to engage with the solicitor and give him details of the evidence against you. Please note the police do not have to tell your solicitor everything (according to the Court of Appeal) but have to tell them enough so they can advise you whether or not to answer police questions More coming shortly in part 3 - The Interview....Available soon If you have a voluntary police interview in England or Wales and want free legal representation either at a voluntary interview or if you have been arrested please contact police station agent on 07535 494446 for free police station representation by Robert Cashman a fully qualified criminal solicitor who works on behalf of Tuckers solicitors. Representation can be by remote attendance if you are outside our local area or in person in Kent and South East London. .

voluntary interview with police So, you have just had a unexpected phone call from the police. They have asked you to come to the police station next tuesday at midday for a little chat! Something about a voluntary interview? They have asked you if you want a lawyer? What should you expect? Whats going to happen? Surely nothing at all...Right? Afraid you are wrong! Obtain free legal advice now.........! There is no such thing as a cozy chat with the police in England and Wales. If you have been asked to attend at a police station in England and Wales for a voluntary interview you are undoubtedly a suspect for a criminal offence. Due to recent procedural changes in police rules police now have to show that there is a necessity to arrest a suspect to interview them about any criminal offence. To arrest someone to question them they must show: Arrest is necessary to secure or preserve evidence by questioning or Evidence cannot be obtained by any other way. This means that more and more the police are inviting suspects in for voluntary interviews. What actually happens at a voluntary interview? and do you need legal advice? What actually happens at a voluntary interview? The police will, when you arrive at a police station, usually invite you into a private room and undertake a risk assessment on you. They will ask you things like have you had any drugs or alcohol prior to your attendance, do you suffer from any medical or mental health problems and is there any reason why you cannot be interviewed now? This is important from their point of view now as you might claim later in court you were not fit to be interviewed. They will also ask you if you want legal advice. Say yes! Legal advice in England and Wales is entirely free when you are interviewed by the police. Ask for your own solicitor if he undertakes criminal work or the duty solicitor if you do not have one. It is usually a good idea if you know in advance that the police wish to speak to you to contact a criminal solicitor in advance. Policestationagent.com can assist if you do not know of anyone with names of local firms. The police will then take you into a private interview room where there will be recording equipment of some kind. The interview will usually be video and audio recorded. This will be so that you cannot dispute later on saying something that the police said that you did in interview. The police will then switch the recording equipment on and ask you to say your name; your date of birth and your address. They will tell you that you are entitled to free and independent legal advice which includes the right to speak to a solicitor on the telephone. You can do it now or at any time whilst your at a police station. Do not make the mistake of asking the police should you ask for legal advice? The police represent the prosecution in any criminal matter. Their job is not to protect your legal interests but to prevent crime; arrest criminals and secure, by whatever legal means necessary convictions of those that break the criminal law. From their point of view, you having a free criminal solicitor in interview makes their job ten times hardier. After all they will give you independent advice on your legal position. You may not have committed the offence. The officer is committed to preventing crime and securing convictions. Anything that gets in the way of that is seen as a hindrance. Do not be dissuaded from obtaining free legal advice. It could make the difference between walking free from court later on or being sent to gaol. The police officer will then state they will give you a notice of rights and entitlements at the end of the interview! They will usually at this point inform you that you are not under arrest as its a voluntary interview and are free to leave at any time. Some officers will however then inform you that if you do decide to leave, they may have to arrest you to ensure the interview is carried out! They will then caution you. They will say: "You do not have to say anything. It can harm your defence if you do not mention when questioned something that you later rely on in court. Anything you do say may be given in evidence". Explanation and part 2 coming soon............ If you have a voluntary police interview in Kent and want free legal representation, please contact police station agent on 07535 494446 for free police station representation by Robert Cashman a fully qualified criminal solicitor who works on behalf of tuckers solicitors.

Have you a voluntary interview at Swanley Police Station? We can help! Police station agent through its links with Tuckers Solicitors and Police Station Duty Solicitor Robert Cashman can provide free legal advice and assistance on any criminal matter where you are being interviewed by police at Swanley Police Station. Located less than 30 mins away we can easily attend on you either remotely or in person when you are being interviewed by the police at this location. Legal advice and assistance is free and paid for by the Legal Aid Agency. Contact us on 07535 494446 to see if we can assist.

If you think you will be arrested by the police or you know that the police are looking for you there are a number of practical things you can do to improve your position: 1. Contact a Criminal Solicitor or Criminal Solicitors Practice immediately. Most Criminal Solicitor Practices/Criminal Solicitors/Police Station Reps operate a free 24 hours a day/7 days a week/ 365 days a year service for attendance at police station interviews. In England and Wales the services of one of the above to assist you when you are interviewed by the police are completely free and are paid for by the Legal Aid Agency provided that the representatives firm holds a contract with the Legal Aid Agency for Police station advice and assistance. 2. Obtain details of the police officer in the case who wishes to speak to you. Most Police officers if you are not in when then have attempted to arrest you will leave their details and a phone number asking you to call them. Record the information and pass it on to your legal representative. He or she will then be able to call the officer and find out what the matter is about. The more detail that you have, the easier it will be. Please note it is usually impossible to find out who wishes to speak to you without these details. Most police forces have a large number of officers and the specific investigating officers may be the only person who knows about your case. 3. Don't Delay. Ring your legal representative immediately. Delay may mean that the police arrest you sooner than you might wish. By ringing your legal representative now you will be enable him to speak to the officer concerned and arrange a arrest by appointment or a voluntary interview. If you leave it for a period of time the officer may arrest you in the meantime and the possibility of a voluntary interview at a time and date of your your convenience may be lost . 4. Don't think the matter will simply go away. If the police are looking for you they will find you. In serious cases you may be even getting someone else into trouble if they assist you to run away from the police. The police will keep searching for you until they arrest you. Simply because you have been hiding from the police does not mean that the matter will simply go away. 5. Speak to your lawyer as soon as possible. The more information you give to your legal representative, the quicker he can advise you about your case. You may have a complete legal defence. You may be not guilty of the offence you thought you were guilty of. Speak to him or her now. Need Police Station Representation in Kent? Call us now on 07535 494446.