Criminal Law

At what point should I seek legal advice?

It is always best to seek legal advice while at the police station and you should not discuss the reasons for your arrest with the police prior to receiving advice.

The police may discourage you from seeking legal representation. It is unwise to accept the legal advice of a police officer as it is more than likely they will not have your best interests at heart.

You can instruct us directly while at the police station by notifying the custody sergeant of our firm’s name. You will not have to pay to do so.’ If you have received a summons or been notified by the police that you are due to be charged upon your return to the police station, you should seek advice immediately.

What do the police have the right to do while I’m detained?

The police have the right to take your fingerprints, your photograph, search you and to take samples which are described as non-intimate from your body. This can be done by force if necessary.

What happens during the police interview?

By law, interviews held a police station are required to be recorded on tape or DVD.

 Interviews can be very technical and it is important to have specialist legal advice to ensure you are aware of your rights and the consequences of what you may or may not say in interview, which should be a careful decision made having had obtained as much disclosure as to the allegations as possible from the police prior to interview. It is only possible to obtain disclosure in advance of the interview through your legal representative.

When being interviewed, the police will give you a caution. The terms of the caution are “you do not have to say anything, however it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

This means the police/prosecution have to prove your involvement in a criminal offence. If you choose to say nothing, you have the right to require the police/prosecution to produce evidence to implicate you in any alleged wrongdoing.

If you choose to remain silent during the interview, and the police/prosecution obtain sufficient evidence to make a case against you, the fact that no comment was made in interview may be put in evidence.

You may be advised that it is in your best interest to answer questions either fully or in part in a written statement which will be drafted by your legal representative, in order to avoid or minimise any adverse inferences which may affect your case at trial. Every case is specific to its own facts, the evidence available or that may come to light and your own unique personal circumstances and our advice will be tailored to meet your interests.

The police cannot force you to speak or give a statement and refusing to speak cannot be used by itself to convict you.

How long can the police detain me and how am I detained?

In most circumstances (although there are some exceptions) the police have the power to detain you up to 24 hours –  but this can be extended to 36 hours with authorisation from an inspector.

Detention at the police station means being detained in isolation in a locked cell for a number of hours until the police are in a position to interview you. During this time without the benefit of legal representation you are not likely to be kept informed of what the police may be doing to progress your case. Once instructed, we will keep in communication with the police on what is likely to happen and time frames in which this will happen and update you accordingly. Despite what the police may say, very often people detained will be released from custody sooner with the benefit of legal advice from an early stage.

Dealing with the media

Having the press publish details of your name and the details of your case will be distressing and it can be difficult to know how to respond. 

We are able to assist you in your dealings with the media and if appropriate, refer you to an expert in this matter.

How to deal with an interview under caution by a local authority

Local authorities also conduct recorded interviews under caution when investigating offences, (usually in relation to allegations of benefit fraud or breach of licences).

It is just as important that you receive legal advice in these interviews as it is if you were detained at a police station.

The main difference is that you will be attending voluntarily and are entitled to leave at any time.
Should you receive notification of such an interview, please contact us for advice immediately.

Importation, Production, Cultivation, Possession with intent to supply Class A, B and C drugs.

Offences such as importation, manufacture, cultivation or supply of controlled drugs are treated very severely by the Courts and the sentences for such offences reflect this.

If you are facing a drug-related allegation or charge you will need legal advice.

Hollingsworth Edwards are here and ready to help you with a wealth of experience in this area. Contact us on 020 3397 4795 or use the enquiry form on our contact page.

Murder, Manslaughter, Grievous Bodily Harm (GBH) and Actual Bodily Harm (ABH)

When facing a charge for a serious violent offence, where conviction may result in a life sentence, no stone can be left unturned. At Hollingsworth Edwards, we believe that this is equally true whatever allegation you are facing. We promise to pursue your case with equal determination, whether you are charged with conspiracy to murder or common assault.

Contact us on 020 3397 4795 and one of our experienced team can talk you through your options.

Death by dangerous/careless driving, driving with excess alcohol or whilst disqualified.

Road traffic offences such as speeding and drink driving are the most common offences which bring members of the public into contact with the criminal justice system. The consequences of these offences can often have significant implications for people such as the loss of their livelihoods following a driving ban or as a result of a conviction.

At Hollingsworth Edwards, we represent clients who face the full spectrum of road traffic offences and have a great deal of experience in this area of law. Please see our fees transparency section on our funding page for details of our charges in relation to summary only driving offences.

In the unfortunate event you face a such charge please call a member of our team on 020 3397 4795 to discuss your case.

Rape, sexual assault, possession of indecent images.

At Hollingsworth Edwards, dealing with sexual offences is one of our areas of specialism. If you are facing an allegation of this nature, you can rest assured that you will be treated with the utmost professionalism and discretion. We aim to create an environment in which you feel you can discuss your case comfortably and with a team that you feel supports the sensitivities surrounding your case.

Although with all criminal offences a defendant is innocent until proven guilty, even being investigated for an offence of a sexual nature carries social stigma that is acutely felt by those being alleged to have committed them. We understand that sensitivity is crucial to defending cases of this nature, but it is also important that everyone has the right to have their cases presented fearlessly.

No matter what stage your case has reached, should you wish to discuss it with us in confidence, please feel free to contact us on 020 3397 4795 or email us using the form on our contact page and we will be happy to assist you in any way we can.

Making a false representation, dishonestly failing to disclose information, abuse of position, obtaining services dishonestly.

With Hollingsworth Edwards, you can rest assured that you will be represented by a team of dedicated and experienced lawyers. It goes without saying that the more serious and complex the offence, the more important it is to appoint legal representation at the earliest opportunity. Representation at the police station may make the difference in being prosecuted or not.

Whatever the fraud offence you are facing, give one of our experienced team members a call on 020 3397 4795 or email us by using the form on our contact page, to discuss how we can help you. 

Affray, violent disorder, rioting.

The Public Order Act covers most of the offences concerning behaviour which disturbs the order in public spaces. These include: 

Affray, violent disorder, rioting
The Public Order Act covers most of the offences concerning behaviour which disturbs the order in public spaces. These include: 

Affray (implicates the activities of persons causing a theoretical individual at the scene (who doesn’t need to actually be there) to be scared by the manners of the people using or threatening violence

Violent disorder (applies when more than three individuals acting with a common purpose use of intimidate other people with violence and harassment)

Rioting (regards the behaviour of more than 12 individuals with a common purpose who use violence in public spaces

If you are suspected of any of the above offences, we can offer you professional guidance and support in front of the authorities. Call on 020 3397 4795 to discuss your case further with a member of our dedicated team.