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FAQ: Your Rights at the Police Station

The police have asked me to go to the Police Station. What will happen?

Anyone can be asked to go to a police station to meet a Police Officer. Sometimes the Police will treat you as being a volunteer – i.e. you have attended voluntarily and you may be helping them with their enquiry: You still have the right to have a lawyer and should follow the steps given here.

However often the Police will fail to mention that when you get there they are going to arrest you and take you into the Custody Block. There you will be searched, fingerprinted, photographed and a DNA sample taken from you. If there is any delay to you being spoken to you will often be placed in a cell.

It is important to realise that even when attending as a volunteer you can still be arrested when you get there.

The Police may try to persuade you not to have a lawyer by saying ‘you will have to wait ages for a Solicitor’. This simply isn’t true! If you instruct us we will attend the Police Station quickly. It is still best to have contacted us beforehand so we can attend with you and make sure there isn’t any delay.

Do I qualify for legal aid?

Many of our clients are eligible for legal aid. The earlier we talk about your funding, the better, as if you want to apply for legal aid you need to produce proof of your income and capital with the application. If you don’t qualify or you do not want legal aid then we will give you a good idea of overall cost at the outset. We will discuss how you can pay for your court case.

Do I need legal advice before going to court?

Try to talk to us as soon as you know you are going to Court as we may need to take urgent action in order to defend you. We will tell you how to prepare for the hearing and what you can expect. Sometimes the Court will expect you to indicate what your intended plea is and whether you intend to be represented.

How do I get legal representation (legal aid)?

If you have been charged with a criminal offence, we can help you apply to the court for legal representation. We will need to collect information from you and will usually need proof from you of your income and savings. If you live with a partner then we will also need information and documents from them. We will discuss with you whether you need to bring your partner to our first meeting. If you can’t we will discuss your options.

Sometimes the Court will ask for a financial contribution from you. If this is likely to be the case we will discuss this with you when we apply for funding.