Police Station Bail Back Advice
Do I need a solicitor?
Yes, the Law is designed to ensure that you can be legally represented at the police station and it is foolish not insist on your legal rights. A solicitor or accredited police station representative are qualified to represent your interests at the police station.
We suggest you call MJP solicitors to represent your interests at the police station and we can cover serious cases throughout England and Wales and recommend local solicitors for less serious matters.
Do I have to attend?
Yes, you must attend the police station at the date and time specified otherwise you could be committing an offence and your right to future bail maybe lost or affected. If you get a police record for not appearing at a police station, it affects whether you are granted bail in the future.
What if they tell me not to attend?
The Custody officer at a police station can tell you not to attend if an interview is being postponed or if there is no further action on the case.Be careful that you properly understand what the police are saying to about returning at a future date. It is best to have a solicitor who can verify what is happening for you. Its your legal right.
Do I have to comply with conditions?
If you are given bail from the police station with conditions, for example,
- to reside at a particular address
- not to approach a witness
you certainly need representation as they must consider that you might disappear or abscond and they have to state have reasons for condition on bail going back to the police station.
Can I vary the conditions on bail?
Yes, you can apply to vary conditions imposed on your bail to return to the police station. There are legal procedures to follow and you will need a solicitor to do this.
What happens in an interview at a police station?
The police, HM Revenue and Customs, SOCA, Local Authority, DWP officer ask you questions and your answers will be used as evidence against you. What you say is not evidence against anyone else, but is intelligence in the investigation. You are cautioned that:-
- you have right to remain silent
- but if you do not answer their questions, and you are charged with an offence, you silence my be used against you in Court (why wasn't that explained in the interview?)
- what you do say may be used in evidence.
It is not simple or straight forward you need legal advice in an interview under caution.
Who decides whether I will be charged?
For most offences, the Crown Prosecution Service (prosecution lawyers) are consulted before a decision is made to charge any offence that carries a potential custodial sentence. The police, HM Revenue and Customs, SOCA, are the investigators in the case and the Crown prosecution service are the prosecuting solicitors. MJP solicitors are legal defence solicitors
Do I need a solicitor if I am to be charged?
Yes, you need advice before charge because anything that you say at the time of charge is admissible evidence against you. You need to have the charges explained to you and you need a solicitor to represent you who knows about your case.
Futher Offence Advice
Futher advice on offences can be found at MJP solicitors dedicated websites: -