Proactive Defence: The Motoring Lawyers Approach.
An individual can find themselves under investigation for an alleged offence and be required to answer questions under caution during a police station interview. This can be via a voluntary interview procedure where the police contact you and require you to attend the police station at an appointed time and date to answer questions. Alternatively, the police immediately after an arrest, again under caution, will seek to put their case and provide an opportunity for you to give your side of the story and/or any potential defences.
The Caution
‘You do not have to say anything, but it may 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’.
This essentially means that
- You do not have to answer any questions asked by the police. That is your legal right.
- However, if you do not provide a potential defence at the first opportunity, as in during police interview, this may be held against you should the matter go to court.
- The police interview will be conducted under caution and will be recorded. This recording can either be played back of a transcript be provided should the matter go to court.
Do I need a solicitor at the police station?
Early legal intervention can significantly impact the outcome of a case. It is about ensuring that your rights are protected, that you have informed legal advice and are placed in the best possible position. Decisions made and actions taken at the police station can affect the entire route of a case, from influencing the decision to charge or to affecting the strength of the evidence in court.
Without understanding the nuances of law, defendants may inadvertently say something that could be used against them in court. We would ensure that our clients do not provide self-incriminating information and assess whether they have a defence based on the specifics of the case. Lostock Legal can offer tailored advice on how best to respond to police questions or whether to participate in an interview at all.
Pre-charge advice
Individuals facing investigations or potential charges, whether interviewed with or without the benefit of legal advice, can be bailed pending further enquiries and/or consideration by the Crown Prosecution Service as to a charging decision.
Recognising this critical phase Lostock Legal’s approach is about empowering the accused during one of the most vulnerable times in their lives. By adopting a proactive, engaged stance from the outset, we aim to mitigate the impact of investigations and avoid the escalation to court proceedings whenever possible. Lostock Legal offers not just legal representation but a strategic partner committed to safeguarding your interests from the very beginning.
Proactive defence: the motoring lawyers approach
The importance of this approach cannot be overstated. The period before any charges are authorised is a critical window for our defence team to influence the outcome of the investigation positively. The Motoring Lawyers strategy focuses on ‘pre-charge engagement,’ a concept underscored by the DPP’s Guidance on Charging and the Charging Standard. This entails a thorough monitoring of the investigation process, ensuring that all investigative actions comply with legal standards, and exploring every potential line of defence early on.
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