- Do not make any comments upon arrest. These can be used against you.
- When asked by the police if you would like a solicitor, please take up this offer. A solicitor is there to protect your legal rights and asking for a solicitor does not mean that you are guilty.
- Be patient, the police may take a little longer than usual to interview you. This could be because they are undertaking further lines of enquiry, such as searching your property and/or another location or be interviewing others who have also been arrested.
- Prior to the interview, you will have an opportunity to discuss the case with a solicitor in private. At this stage, you will have an opportunity to provide your side of the story to the solicitor, if you wish to do so. The solicitor will advise you in respect of the information provided by the police and your options in the interview. It may be the case that at this stage, you provide a short-written statement, setting out your defence. Please do remember, what you say or do not say at the police station interview, can have a real impact on how your case progresses.
- In the police interview, follow the advice given by the solicitor. Remember, you do not have to answer police questions, that is your legal right, though, a court can draw inferences from silence, in certain circumstances.
- The police may wish for you to provide your PIN number to a mobile or other electronic devices. Discuss this with your solicitor, and they will be able to advise you accordingly.
- Please do not provide any information to the police until you have discussed it first with your solicitor.
What will happen following the police interview
- The police have three options.
Firstly, they could decide that there is not enough evidence, and the matter could be concluded without any further action.
Secondly, they could release you on bail or under investigation, whilst they continue to investigate. The key difference between the two is that they can only attach bail conditions if they release you on police bail.
Thirdly, they could formally charge you and require you to attend court on a specified date and time. This could be done by remanding you into custody and producing you at court on the next available court session, or, releasing you on police bail to surrender to court on the specified date and time.
- In many cases, you are likely to be released under investigation or on police bail as mobile phones and other devices, take months to download and review. It is quite common for people to be under investigation for 12 to 18 months, before a decision is reached.
If I am charged, what will happen next?
- You will be summoned to attend the magistrates court, where it will be determined if the case should be sent to the crown court. Most of these cases will be tried at the crown court.
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The court will determine your role and the likely harm caused by your involvement. If you are found guilty or subsequently plead guilty, then these factors will determine the type of sentence that you will face.
What are the different roles the court may find?
These are classified under three categories, leading role, significant role or lesser role.
Leading role:
- Directing or organising buying or selling on a commercial scale.
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Substantial links to, and influence on others in a chain.
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Close link to the original source.
- Expectation of substantial financial or other advantage.
- Uses business as cover.
- Abuses a position of trust or responsibility.
Significant role:
- Operational or management function within a chain.
- Involves others in the operation whether by pressure, influence, intimidation or reward.
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Expectation of significant financial or other advantage.
- Some awareness and understanding of scale of operation.
Lesser role:
- Performs a limited function under direction.
- Engaged by pressure, coercion, intimidation, grooming, and / or control.
- No influence on those above in a chain.
- Very little, if any, awareness or understanding of the scale of the operation.
- Expectation of limited, if any, financial or other advantage.
In addition to the above, the court will also consider if there are any aggravating features, and these will be taken into account if you are to be sentenced, and these include the following:
- Previous convictions, including any similar previous convictions.
- Was a young person recruited to commit the offence? Was a young person or a vulnerable person exploited into committing the offence?
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Supplying near or in the vicinity of a school or supplying to young people.
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Committing offences on police bail.
- Were people exposed to serious harm, for example, through the production or the subsequent supply of drugs?
- Was violence or weapons used in the production or supply of the drugs?
What should I do if I am accused?
Firstly, do not panic. Help is at hand.
Secondly, if you are arrested, ask the police to contact Whiterose Blackmans Solicitors, or if you receive a call from the police asking you to attend a voluntary interview, then pick up the phone and speak to us. We are a team of award-winning lawyers that have many years’ experience in dealing with such offences. Our aim is to provide timely expert advice, always ensuring your best interests are at the centre of any advice given.
Thirdly, if you have already been interviewed, with or without a solicitor, please feel free to contact us. In many cases, we may be able to take over your case and advise/represent you moving forward.
AUTHOR
Tahir Mahmood
Solicitor-Advocate and Head of the Criminal Law Department
Whiterose Blackmans Solicitors LLP, Diamond House, 116 Brudenell Road, Leeds, LS6 1LS