Criminal Law - Blackpool

Crime

Of course none of us are ever going to get arrested by the police ! Even if it did happen it would all be some nasty misunderstanding and the nice policeman would listen to us and let us go straight away.

Sadly, life is not always like that. Rightly or wrongly people do get arrested. The first thing to realise is that a police officer will always believe that he has arrested the right person. That of course means that he views the person arrested as, at the very least, as being extremely likely to have committed an offence. Furthermore, he will expect claims of innocence which are not likely to count for very much.

On being taken to a police station an individual, under arrest, will have his case reviewed by a custody sergeant. That means the custody sergeant will authorise the suspects detention and if the individual is deemed to be fit (in the sergeant's eyes not too drunk, drugged, or dazed or some other reason) give the suspect his rights. Those rights are to have somebody informed of the arrest, to consult the regulations under which the police must deal with people in custody, and the right to consult a solicitor free of charge.

Many people do not ask to see a solicitor. No matter how innocent, you are in those early stages a suspect. The police station is a strange environment subject to rules of which you will have no knowledge and you will be dealt with by individuals whose inclination is to think that you have committed an offence.

Bearing in mind that the right to a solicitor is free of charge to everyone there is no reason not to take advantage or consulting your own solicitor or the duty solicitor "should the boys in blue feel your collar".

Contact Michael Woosnam - mcw@johnbudd.net

Legal Costs in Criminal cases

Legal Aid is available through the Criminal Defence Service Scheme to cover advice and assistance on most aspects of criminal work, subject to financial eligibility. The costs of attending at the Police Station to provide assistance to someone in custody is free under the scheme, regardless of means. The Magistrates Court Legal Aid (“Representation Order”) is not means tested and if granted, is also free.

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