introduction background people useful links faqs back to menu			Below are answers to some frequently asked questions, which should be used as a general guide and not as statements of fact. Click on a question to bring up the answer. Under Suspicion The Police suspect I am guilty of a crime. Do I need legal advice if I just want to explain my side of things? I know the police want to speak to me but I don't want to cooperate with the investigation or answer any of their questions. Why do I need legal advice? If I am arrested how long can I be kept in custody? Am I entitled to be present if my house or any other premises are being searched as part of an investigation? I have provided fingerprints, photos and a DNA sample, can these be destroyed if I am not prosecuted or are found not guilty? At Court If I plead not guilty how long will the case take? Will I get bail pending trial? Will I have to give evidence? In order to defend myself properly I will need access to confidential material held by other people. Will I be allowed access to these documents? Is it possible to plea bargain? I accept the evidence against me and want to plead guilty. Will this affect the sentence imposed? After the Trial If I am found not guilty can I bring proceedings for compensation?

			Q) The Police suspect I am guilty of a crime. Do I need legal advice if I just want to explain my side of things? A) Yes. If you are arrested this means the police believe they have grounds to suspect you of having committed a criminal offence and are considering whether you should be prosecuted. You are entitled to legal advice at the police station and a solicitor will be able to advise you about the police inquiry and what to expect. It is likely the police will wish to interview you and you will need professional advice on how to deal with this and other aspects of the investigation.  Back to top Q) I know the police want to speak to me but I don't want to cooperate with the investigation or answer any of their questions. Why do I need legal advice? A) You will still need professional advice about the consequences of this once the police have disclosed information about any evidence against you. Having a solicitor at the police station is the best way on ensuring your rights are protected.  Back to top Q) If I am arrested how long can I be kept in custody? A) Usually a suspect cannot be detained without charge for more than 24 hours. If the case is serious, detention can be extended to a maximum of 36 hours. Further detention, not exceeding 96 hours, can be authorised by a Magistrates Court.  Back to top Q) Am I entitled to be present if my house or any other premises are being searched as part of an investigation? A) No. You are not entitled to this but often you will be present and the police will record any comments you make during the search.  Back to top Q) I have provided fingerprints, photos and a DNA sample, can these be destroyed if I am not prosecuted or found not guilty? A) No. The police are now permitted to keep these indefinitely, regardless of the outcome of your case.

			Q) If I plead not guilty how long will the case take? A) This will depend on a number of factors such as whether you need to challenge the evidence against you. Serious cases involving complex evidence may take many months before the trial starts. This will give you and your solicitor time to examine the evidence in detail and fully prepare for the hearing, including, if necessary instructing expert defence witnesses.  Back to top Q) Will I get bail pending trial? A) Generally you can only be kept in custody if the court believes, if released, you will fail to attend court, will commit further offences or interfere with witnesses. Otherwise you will be granted bail which may have conditions attached.  Back to top Q) Will I have to give evidence? A) You cannot be forced to testify at your own trial and you will not need to make a final decision about whether to do so until the prosecution has presented its case to the court.  Back to top Q) In order to defend myself properly I will need access to confidential material held by other people. Will I be allowed access to these documents? A) If the prosecution or other persons holding such information will not release it voluntarily you can apply to the court for an order that the information be disclosed on the basis that it provides evidence to support your case.  Back to top Q) Is it possible to plea bargain? A) Formal plea-bargaining is not permitted in the UK, however in suitable cases the prosecution may consider comments about the nature of the evidence and agree to withdraw charges or substitute less serious charges which carry less severe penalties.  Back to top Q) I accept the evidence against me and want to plead guilty. Will this affect the sentence imposed? A) Yes. The court will give credit for this and may be more willing to take into account your personal circumstances and factors which explain why the offence was committed.

Q) If I am found not guilty can I bring proceedings for compensation? A) Sometimes it is possible to take proceedings for false imprisonment or malicious prosecution. Our personal injury department will be able to advise you further.

If you would like more assistance with a particular case call us on 0208 788 0005 or email helpdesk@russell-cooke.co.uk. If you query is out of office hours and relates to someone who has been arrested, is in detention and requires immediate advice our 24-hour emergency helpline number is 0208 246 6930