Interview under caution; Do I need a Solicitor?
An interview under caution at the police station is also known as a ‘Caution + 3’ interview, or a voluntary interview. You will usually be contacted by a police officer who will ask you to come to the police station at a certain time because they want to talk to you about an offence, usually a fairly minor one or something that happened a while ago. Sometimes they will tell you they just ‘want a quick chat’.
Interview under caution; your rights;
Anybody who attends the police station for an interview under caution is entitled to free and independent legal advice. We will attend the police station with you at an agreed time. You won’t have to wait for a solicitor.
You are free to leave at any time, although if you leave before the interview there is the danger that you could be arrested. If you attend the police station as a volunteer you should not be arrested, unless the officer can show that one of the grounds for arrest exists. You probably won’t be searched and you won’t have your DNA and fingerprints taken. You will not have to go into a cell.
Why should I have a solicitor?
Well why wouldn’t you? For a start, it’s free. To everybody, no matter how much or how little they earn. That should probably be a good enough reason in itself, but many people still choose not to have a solicitor.
Before you are interviewed, the police officer will give your solicitor ‘disclosure’. They will tell us what you have been arrested for, and give us a summary of the evidence. We will then speak to you in private before you are interviewed. Your lawyer will tell you what you are going to be questioned about and what evidence the police have. We will advise you on the law and if you should be answering the questions or not.
Even if you are not under arrest, what you say or don’t say in your interview is still important. If you end up in court many months later, the Judge and jury, or magistrates, will know what you said or didn’t say in your interview and will pay close attention to it. If you do the right thing in your interview, you might not even get to court. You might be given a caution or your case might be dealt with in another way that means you don’t have to go to court. You might not even be charged. It can make a big difference to the outcome of your case, so you should still have a solicitor.
It doesn’t make you look guilty;
If you were ill you would go to a doctor. If your car breaks down you go to a garage. You get help from someone who knows what they are doing and is there to help you. The same applies to someone attending an interview under caution.
Just because you feel you haven’t done anything wrong, doesn’t mean you don’t need a solicitor;
In fact, it makes you need one even more. If you say or do the wrong thing, you might end up getting charged with something you didn’t do.
If you are in being interviewed in the police station, there is no such thing as ‘not very serious’;
A conviction for even a ‘minor’ offence can have a significant impact on your life. It might stop you getting a job, or it might stop you travelling to places like America, and that is before you have to pay a fine, have a curfew or do unpaid work, or even go to prison. Calling us to come and represent you is not ‘bothering us’. It is what solicitors are there for.
What happens after the interview?
Following your interview under caution, you will be free to leave. Sometimes the officer will be able to tell you straight away what is going to happen. Usually, the Police or the Crown Prosecution Service (CPS) will have to consider the case and then decide how to proceed. Should they decide there is sufficient evidence against you and that you should go to Court, then you will get a summons in the post. The summons will detail the charge against you and will give you the date to attend Court.
If you have any questions or you want us to assist you in arranging a voluntary interview, please contact us on 0207 388 1658 or email lawyers@jfhlaw.co.uk, and ask to speak to one of our experienced criminal lawyers.
John Howey, senior solicitor
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Should I have a solicitor in the police station?
Why should I have a solicitor at the police station?
Why wouldn’t you? For a start, it’s free. To everybody, no matter how much or how little they earn. That should probably be a good enough reason in itself, but many people still choose not to have a solicitor.
What happens in the police station goes a long way to deciding the outcome of the case
If you end up in court many months later, the Judge and jury, or magistrates, will know what you said or didn’t say in your interview and will pay close attention to it. If you do the right thing in your interview, you might not even get to court. You might be given a caution or your case might be dealt with in another way that means you don’t have to go to court. You might not even be charged.
It doesn’t make you look guilty
If you were ill you would go to a doctor. If your car breaks down you go to a garage. You get help from someone who knows that they are doing and is there to help you.
You won’t have to wait hours for a solicitor; at least not for one of our solicitors
When you are arrested there is usually a lot of work for the police to do before you are interviewed. It is that work that takes time, not waiting for a solicitor. If you say you want a solicitor as soon as you get to the police station, we will be contacted by the police and can arrange to attend when the police are ready to deal with you. If you are attending by appointment (often called an interview by appointment or caution +3), we will meet you there.
Just because you feel you haven’t done anything wrong, doesn’t mean you don’t need a solicitor
In fact, it makes you need one even more because if you say or do the wrong thing, you might end up getting charged with something you didn’t do.
If you are in a cell in the police station, there is no such thing as ‘not very serious’
Calling us to come and represent you is not ‘bothering us’. It is what solicitors are there for.
You can call us during office hours on 020 7388 1658 or 24 hours a day on 07939958767. Or email lawyers@jfhlaw.co.uk
John Howey, Senior Solicitor
Read MoreInterview under caution; What does it mean? Should I go? Do I need a Solicitor?
A police interview under caution at is also known as a ‘Caution plus 3’ interview, or a voluntary interview. You will usually be contacted by a police officer who will ask you to come to the police station at a certain time because they want to talk to you about an offence, usually a fairly minor one or something that happened a while ago. Sometimes they will tell you they just ‘want a quick chat’. Even if you are not under arrest, what you say or don’t say in your interview is still important. It can make a big difference to the outcome of your case, so you should still have a solicitor.
Interview under caution; your rights
We will make arrangements for you to attend the police station at an appointed time. Everyone is entitled to free and independent legal advice, so we will attend the police station with you. You still have the right not to answer any questions. However, what you say in your interview can be used at Court, if your case gets that far.
You are free to leave at any time, although if you leave before the interview there is the danger that you could be arrested. If you attend the police station as a volunteer you should not be arrested, unless the officer can show that one of the grounds for arrest exists. You probably won’t be searched and you won’t have your DNA and fingerprints taken. You will not have to go into a cell.
Before the interview
Before you are interviewed, the police officer will give your solicitor ‘disclosure’. They will tell us what you have been arrested for, and give us a summary of the evidence. We will then speak to you in private before you are interviewed. Your lawyer will tell you what you are going to be questioned about and what evidence the police have. We will advise you on the law and if you should be answering the questions or not.
During the interview
Even if you are not under arrest, what you say or don’t say in your police interview is still important. If you end up in court many months later, the Judge and jury, or magistrates, will know what you said or didn’t say in your interview and will pay close attention to it. If you do the right thing in your interview, you might not even get to court. You might be given a caution or your case might be dealt with in another way that means you don’t have to go to court. You might not even be charged. It can make a big difference to the outcome of your case, so you should still have a solicitor.
After the interview
Following your police interview, you will be free to leave. The Police or the Crown Prosecution Service (CPS) will then decide how to proceed. Should they decide that there is sufficient evidence against you and that you should go to Court, then you will be sent a summons in the post. The summons will detail the charge against you and will give you the date to attend Court.
If you have any questions or you want us to assist you in arranging a voluntary interview, please contact us on 0207 388 1658 or email lawyers@jfhlaw.co.uk, and ask to speak to one of our experienced criminal lawyers.
John Howey, senior solicitor
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Legal aid in extradition cases; Do I qualify?
Many of our clients ask whether there is legal aid for extradition cases. The answer is yes, there is. It is actually now called a ‘representation order’, although most people still talk about legal aid. All extradition cases begin in Westminster Magistrates’ Court and you may be eligible at this stage. You can apply with any firm of your choice, so long as they have a criminal contract.
Means testing
There is a means test for legal aid for extradition cases at the Magistrates’ Court. This means that your income, your partner’s income and family circumstances will be taken into consideration. You must provide proof of your income and outgoings. The application will be made by your solicitor of choice to the Legal Aid Agency (LAA) where an assessment will be made on your disposable income. You will not have to pay any fees for your extradition hearing if you are granted legal aid.
When application is refused and you are still unable to afford a lawyer, you can make a hardship application to the LAA for them to reconsider.
Merits testing
There is a merits test for legal aid for criminal cases. However, all extradition cases automatically pass that test.
Can I change my solicitor?
If you have been successful in obtaining legal aid for extradition with a firm of solicitors and wish to instruct another firm to represent you instead, you may face difficulties. If you want to transfer, you must make an application to the Court. You must explain the reasons why you want to transfer. Therefore, it is important that you only apply for representation with a firm you feel confident in from the start.
Extradition Appeals
All appeals against extradition in the High Court qualify for legal aid. There is no means test in the High Court. This means that you will not have to provide any proof of your income and outgoings. If you instruct a firm to lodge your appeal on this basis, then you will not have to pay for the Court fees for lodging the appeal. Your solicitor will help you with the forms and all fees involved in the appeal.
Please contact us on 0207 388 1658, or email jhowey@jfhlaw.co.uk if you wish to discuss your extradition matter with us further, or to find out whether your would be eligible for legal aid for extradition matters. We have a dedicated team of lawyers specialising in extradition who are here to help you.
If you want to know more about extradition proceedings, read our guide to the basics here.
John Howey, Senior Solicitor
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