This is a thorny issue and has been the subject of a great deal of court cases and newspaper articles. The Police are required to follow stringent procedures when dealing with a suspected offender. On many occasions offenders are detained by the Police under their stop and search procedures, they can then, if they have a valid reason to suspect it, arrest you for having committed or being in the process of committing a crime. What it comes down to is evidence, if you have been caught during the commission of a crime then you can be arrested on the spot, charged at the police station and interviewed under caution. If they have only a suspicion and no evidence then they can interview you voluntarily or under caution, then charge you.
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Once you have been charged you must be produced before a magistrates court at the earliest opportunity where you can either be committed for trial (if you plead not guilty) or for sentencing (if you plead guilty), for minor offences the magistrates could sentence you there and then but their powers are limited and the majority of them seem to prefer the sentencing to be dealt with by a higher court, for more serious offences.
Sometimes people can be asked to attend the police station voluntarily to help with their enquiries. This will be done without a caution and you are free to leave at any time. If, from the result of your answers, they believe that you may have been involved in a crime, they must then caution you and proceed with a formal interview followed by charge if appropriate.
One point that must be stressed is that you are entitled to legal representation; it is highly recommended that you avail yourself of this right at the earliest time. Do not let yourself be fooled into believing that you don’t need a solicitor or have the right to remain silent. The act of staying quiet can be construed against you so, if in doubt, seek legal advice.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
What happens after I got to my plea dose the prosecutor fiscal then decide to speak to my witnesses?
I was arrested because the hotel do mistake and say the person who gone in room A1 was me and in that room was a gun. Police have arrested me and having take my phones and all my stuff what I had to hotel and put me on bail to not go To Westminster.and to divine every week police station
The problem it’s Who was the gun I know the guy and the guy coming on my room and put the gun on my safe who was open I take from safe and give back and put the guy outside from my room and the guy gone another room and 2 days I not had any connection with him And after 2 days I was arrested by police because The reception Doing mistake say I gone in the room where the gun was police have right to put on bail just because I know the guy and I see him with the gun?
I think its a cover up for something else as there has been lots of troubles with the neighbours over the covid period, the police were also not interested in the flat that is cultervating cannabis in our street. Any advise
The officer asked me to get into his car, when in there I was there for maybe 1 min, gave me a verbal telling off but mentioned Notice of Intended Prosecution. I was so nervous I didn’t ask but now I look over it I’m even more worried.
I have read up a bit, if I’m suspected of an offence, I’m meant to get the “caution” where you get told anything you say can be given as evidence.
Literally, got in his car, told me off, checked my details on his computer and sent me on my way.
Any idea what may happen or what to expect? Can’t sleep or eat I’m so nervous
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