Tag Archives: caution

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Released under Investigation by the police – an explainer

If you have found this article through an internet search then it is likely that you are one of many thousands of people who have been interviewed by the police under caution and then released under investigation.

It may be that you are having to search for an explanation because several weeks, or months, or even a year have passed and you have not heard anything from the police.  You might not know or be confused about what will happen now that you have been released under investigation.

What does released under investigation mean?

If this has happened to you then it should mean that any police investigation into your alleged behaviour is still ongoing.  The police should intend to notify you of the decision as to whether or not you will be prosecuted at some point in the future.

Often the effect of being released under investigation is that suspects will find that their lives are put on hold in many ways.  It might be that the original allegation is a serious one so it is hard to get on with your life as normal.  Your studies or career might be suffering while you are released under investigation due to a lack of knowledge of what is happening.

You might not know when property such as telephones or computers are to be returned.  Potential witnesses might be waiting to see if they will be spoken to by the police.

Until you hear from the police it will be hard to put the matter to the back of your mind and impossible to forget about it, even where you know that you were not in the wrong.

Why am I not given a fixed date?

Previously suspects in a criminal investigation were likely to be released on bail to return to the police station so that a decision on charge or further interviews could take place.

Adverse publicity of cases where suspects were on bail for what could be years meant that the system was reviewed.  The system created inconvenience where people would have to return to the police station many times only to find nothing was to happen and their bail was extended.

Police bail is now only used in a limited number of cases.  The ability to keep suspects on police bail for long periods is now overseen by the courts.

Unfortunately, the change to the law on police bail has meant that it has been replaced with an equally unsatisfactory system where the police don’t even provide the milestones that bail dates would give to permit a review of the investigation.

Will the police keep you informed of developments?

For those who have been released under investigation it is unlikely to be enough to hope that the police are carrying out a thorough and effective investigation into the allegations

It is often impossible to tell whether any delay is due to the investigation or because other cases have been prioritised by the officer in your case.

Instruct a criminal law solicitor to represent your interests

Even if you were interviewed without a solicitor before you were released under investigation it is still not to late to contact us for our help.

We will keep in regular contact with the police to make sure that they are continuing to investigate your case.  We will try and help you with a timetable for when certain steps will be taken and when the investigation is likely to conclude.

This may be of particular importance where the police are having items subject to forensic testing or having computers or mobile phones analysed.  This can take a long time, particularly in complex or serious cases.

We can help negotiate the return of property to you if it is no longer relevant to the investigation.

Having us instructed at that stage will mean that where further interviews under caution are to take place we will be able to arrange them at a time convenient to you and your solicitor.

Can I change solicitors once I’ve been interviewed?

If you had the duty solicitor in your first interview then VHS Fletchers will be able to represent you in any subsequent interview under caution and that advice will remain free of charge to you under the legal aid scheme.

If, however, you had selected your own solicitor but now wish to change to VHS Fletchers then you may have to pay privately.  Contact us and we will advise you as to that aspect of the case.

What should I do now?

With any criminal investigation it is always important to instruct a criminal solicitor from the outset.  Our advice will be free of charge to you and we are entirely independent from the police.

The advantages of seeking legal advice in a police interview under caution can be found here.

Our police station solicitors and accredited representatives are on call 24 hours a day, 7 days a week from our offices across the East Midlands to provide you with advice when you most need it.

The contact details for your nearest office can be found here.

If you are arrested and do not have the time to contact us before you are taken to the police station ask the custody staff to phone VHS Fletchers.

released under investigation
VHS Fletchers offices across the East Midlands

You can also contact us by using the form below:

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News

A prepared statement as an alternative to answering questions

A police interview under caution will be an opportunity for a suspect to provide the police with their defence to criminal charges.  There may be circumstances in which a suspect with a defence nevertheless exercises their right to silence.  You can read more about that option here.

Using a prepared statement instead of answering questions

An alternative to a suspect answering police questions will be to use a prepared statement.  If a suspect later faces trial for an allegation, Magistrates or a Crown Court jury might be asked to draw conclusions about the truthfulness of any account given.  This could happen where an accused relies on a fact in their defence at court that it was reasonable for them to mention in interview.

The benefit of seeking our free and independent legal advice in police interview is that we will advise you of the approach to take that is in your best interests having considered all of the circumstances.

Our advice is subject to legal privilege and therefore private

Any advice that we give to you and your instructions that allow us to give that advice are confidential and subject to legal privilege.  We can only disclose your instructions and our legal advice with your permission.

A written statement reduces the risk of adverse inferences

Following advice, a decision might be made that it is more appropriate for you to set out your defence in a written statement that can be read out by your legal adviser at the start of the interview.  Thereafter you would be advised not to answer any of the questions put to you.

Any fact mentioned in a prepared statement will be something mentioned in when questioned by the police.  As a result it may go some way to preventing any adverse inferences being drawn by the court at trial following a ‘no comment’ interview.  The effectiveness of the prepared statement is likely to depend upon how forthcoming you are in providing full instructions.

A prepared statement allows a suspect to control easily the amount of information that they disclose to the police.  It means that the police have less information to question a suspect on than if they answered questions.  Once questions are answered, it is far easier for an interviewing officer to probe for any problems or inconsistencies or to elicit further information.

When might we advise that you use a prepared statement?

Our solicitors and accredited representatives recognise that each case is different and our advice will depend upon the evidence the police hold and your instructions.

Such a statement might be appropriate where it is clear to your legal adviser that the police are not providing full disclosure of the evidence that they hold and may surprise a suspect during interview with new information.

Where in normal circumstances we might advise a client to answer questions in full, it may be that there are particular reasons for you to submit a prepared statement instead.  These might include:

  • Where a suspect is vulnerable and might not do themselves justice in interview were they to answer questions
  • A suspect may be unable to withstand the pressure created by the interview process
  • Circumstances in which a suspect is reluctant to speak candidly with their adviser
  • An interview may provide additional information to the investigating officer that will not assist the suspect
  • It may be appropriate to deny certain facts and avoid admitting others, particularly where this may disclose further offending

When should I hand in my prepared statement?

 You will receive advice as to when it is appropriate to make your prepared statement.  It might be after initial interviews in order that we know the case against you.  It might be at the end of all of the interviews.  There is a final opportunity to do so on charge.

In some cases the contents of the statement will not be disclosed to the police in any interview, but will dated, timed and signed by you and only produced if there is sufficient evidence to take your case to court.

Who drafts the statement?

Your solicitor or accredited police station representative will draft the statement for you in accordance with your instructions.  It will be designed to mention all of the necessary information to reduce the risk of an adverse inference. This is important as it is likely to be used at trial in one form or another if you are charged.

Always seek our free and independent advice in police interview

All the advice that we give you will be with your best interests as our sole consideration.  The only reason that we are there is to try and ensure the best possible outcome for you.

We have the experience to consider not only the immediate situation of your police detention but also what may happen should your case come to court.

We aim to make what might be difficult decisions easier for you and relieve some of the pressure that you will feel as a result of being interviewed.

As a result you can see that it is vital that you ask for our free and independent advice in police interview.  A number of other benefits to having legal advice can be found here.

We provide nationwide advice and assistance in the police station from our offices across the East Midlands.  You can find your nearest office here.  Our expert representation is available 24 hours a day, 7 days a week.

prepared statement
VHS Fletchers offices across the East Midlands

Alternatively you can use the contact form below:

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News

Newark Police Station – Sergeant persuaded to caution

Newark crime solicitor Ian Carter recently represented a client on relatively minor matter at Newark police station.

Although the arrest was for a low value shop lifting, Ian’s client had previous cautions for theft.  She had also previously been convicted and sentenced at court.

As a result, the police would usually make the decision that such a client should be charged and put before Nottingham Magistrates’ Court.

Representations avoid court proceedings

As Ian’s client had chosen to have a solicitor in the police station, Ian was able to speak with the sergeant at Newark police station who was to make the decision.  He was able to persuade the officer that although his client had a record, the convictions were limited.  His client had been out of trouble for eight months.  All of the previous offending had been when she was a youth.  This was her first offence as an adult.

The sergeant was persuaded that he could take a lenient view on this occasion.  He agreed to give her a first adult caution.  As her previous conviction was now spent, she would not have a record that would necessarily hold her back in her search for employment.

Free Police Station Representation

VHS Fletchers hold a contract with the government to provide advice and representation in the police station.  The advice is not dependent on your earnings.  The advice is therefore free of charge to everyone under the police station legal aid scheme.  It will not cost you anything to instruct a solicitor to help you secure a favourable outcome if interviewed by the police.

Contact a Newark Criminal Solicitor for Newark Police Station

If you are being investigated by the police or face court proceedings then please contact Newark criminal defence lawyer Ian Carter on  or email him here.  If you face police investigation or criminal proceedings elsewhere then you can find your local office here.