By Geoff Wordsworth, Mackesys Criminal Law Specialists.
As a result of many changes to criminal offences since Labour came to power, many more people are finding themselves in contact with the Police.
Under the POLICE AND CRIMINAL EVIDENCE ACT (PACE), the RIGHTS of all persons under arrest are strictly regulated.
The most IMPORTANT RIGHT IS FREE AND INDEPENDENT LEGAL ADVICE. This is free IRRESPECTIVE OF A PERSON’S MEANS.
A person under arrest has always been entitled to a RIGHT OF SILENCE, the Police had to prove the case against the person under arrest. The Police would have to
CAUTION the person under arrest that he/she had a right of silence and were NOT obliged to answer any questions that would in any way incriminate themselves.
HOWEVER, there has been an amendment to this. The new CAUTION is as follows:
You do not have to say anything, BUT it may harm your DEFENCE if you do not mention now something that you may later rely on in court. ANYTHING you do say will be recorded and may be used against you in Court.
In simple terms, this means that, although you have a right of silence, if there is something relevant to your defence, you should mention it in interview now. If you fail to do so and you later raise it in your defence, a judge could direct a jury that an adverse inference could be drawn (suggesting that you have had time to make up this defence and that the jury should not necessarily accept the defence).
For this reason alone, a solicitor should always be called to assist you if you find yourself arrested, All solicitors and their representatives have had to go through an ACCREDITATION procedure which involves having their knowledge of PACE tested, a portfolio of cases assessed and a verbal test of reactions to various scenarios.
The solicitor/accredited representative will attend FREE OF CHARGE. They will get the disclosure of the alleged evidence against you and a advise as to the strength of this evidence and how to deal with the interview.
IF it is assessed that there is little evidence, you will be advised to make NO COMMENT,
HOWEVER, if there is a case to answer and you have a DEFENCE, you could be advised to answer questions or we could help you to provide a PREPARED STATEMENT.
IF the evidence is strong, you could be advised to make a comment in order to GAIN CREDIT from the Judge when you attend Court.
You need the EXPERTISE of a Criminal Lawyer. The service is FREE.
DON’T believe the Police if they say it will take too long for a solicitor to attend. All criminal lawyers are obliged by our contract with the Legal Services Commission to attend a police station within 45 minutes of the call to attend for interview. WHY BELIEVE THE OFFICER? HE IS TRYING TO PROVE YOU ARE GUILTY OF AN OFFENCE!!!
At MACKESYS CRIMINAL LAW SPECILAISTS WE OFFER A FREE 24 HOUR SERVICE TO CLIENTS AT THE POLICE STATION. WE HAVE A TEAM OF OVER 20 SPECIALIST DUTY SOLICITORS AND 15 ACCREDITED POLICE STATION REPRESENTATIVES. SHOULD YOU BE CHARGED, OUR REPRESENTATION WILL CONTINUE ON LEGAL AID (SUBJEST TO YOUR FINANCIAL MEANS).
WE CAN ATTEND all POLICE STATIONS within LONDON/M25, KENT & SURREY.
You can nominate MACKESYS when you are arrested. We can also be instructed on your behalf by members of you family/friends via our dedicated 24 hour answering service 0800 696 999 or via our website www.mackesyscrime.co.uk
