Post Police Station Interview
After the police have interviewed you they will decide what to do. Usually you are returned to a cell whilst they make up their minds. They have the following basic options:
- To make further enquiries whilst you remain in their custody
- To release you without charge
- To give you police bail to return to the police station on a later date when they have made further enquiries
- To caution you for an offence if certain criteria are met
- To charge you with criminal offence to appear before a Magistrates court
The decision to prosecute is usually taken by the police although these days they will often consult with a lawyer from the Crown Prosecution Service first. Once the case has been started the responsibility for managing it passes to the Crown Prosecution Service who can decide whether to continue, change or drop the charges.
The police can only charge you if you are under arrest (this includes returning to the police station on police bail at which time you will be rearrested for the purposes of charging). The police may charge with one or more offences. The charging process is the start of the case against you.
The Custody Officer will read out the charges against you and will ask whether you have anything to say in response. You will be cautioned again on charge, so this is a further opportunity to put forward your account, and there are times when it is important to take advantage of that opportunity as it may affect the defence that you put forward later. Again, our lawyers are happy to advise you right up to the point of charge to advise you on this important aspect of the process.
Once charged you will be given a Charge Sheet setting out the allegations and informing you of the date that you are due in court. It is important to make a note of that date if you are bailed by the police because if you fail to go to court at the time on the day appointed you will be committing an offence for which you could be rearrested and kept in custody throughout your case. If we are with you at the police station we will do our best to remind you of the date when you need to go to court.
The police have three options following charge –
- they could release you on bail to appear at court without any conditions attached
- they could release you on bail to appear at court with conditions attached if there are good reasons for them, for example if they think you might commit another offence, or fail to come to court, or interfere with witnesses or obstruct justice.
- they could detain you in custody until the next court sits. They can only take this option if they think you will commit another offence, fail to come to court, interfere with witnesses or obstruct justice AND no conditions can be put in place to make sure that these things will not happen.
Our lawyers are very experienced at arguing for the release of people in custody. If you have not sought our advice earlier you could still do so even now, and we will do our utmost to arrange for your freedom to be restored. Once you have been charged you will not be released immediately, there are administrative steps which need to be undertaken, the most important of which are the taking of fingerprints, photographs and a DNA swab from inside your mouth. The police are entitled to carry out these steps and will do so by force if necessary, so you are advised to cooperate. Obviously if you are being bailed the sooner these processes are completed the sooner you will be released.
If we are not with you at the police station be aware that you should not discuss anything to do with the case outside of the taped interview as a police officer is entitled to make a note of your “off the cuff” comments and repeat them in court if necessary. When a police officer is taking fingerprints and filling in forms with you it is easy to slip into conversation; whilst there is no harm in being friendly please beware not to say something that might damage your case later.
[ 01-01-2007 ]