Arrests & Interviews Under Caution
Arrests and Detention
Only the police, Customs Officers and Border Police have the power of arrest. If a crime is suspected then an arrest may be made, a suspect is then usually taken to a police station or detention centre where they are likely to be interviewed under caution. All suspects in this situation are entitled to speak to an independent lawyer free of charge.
The police may assist other law enforcement officers with their investigations by making arrests on behalf of Trading Standards Officers, Environment Agency Officers, Financial Conduct Authority Officers, Serious Fraud Office Officers and Health and Safety Executive Officers. Suspects arrested in these circumstances are still taken to a police station or detention centre; they enjoy exactly the same entitlement to speak to an independent lawyer free of charge.
Interviews under Caution
Not all interviews under caution take place whilst under arrest, in fact, it is more common for those considered to be a suspect in an allegation to be contacted and make an arrangement to speak to the investigators by way of a mutually arranged voluntary interview. The right to legal representation is exactly the same as under arrest and if a police officer is present, the right to legal advice remains free. Where the interview is conducted by non-police investigators, the entitlement to legal advice still exists but you will have to pay for that advice.
We recommend that anyone who is to submit to an interview under caution is legally represented. You will be questioned about very serious matters which may have a vital bearing on your future or that of your family. Being legally represented at an interview is not an admission of guilt or wrongdoing, it is merely the exercise of a fundamental right which forms part of the backbone of our criminal justice system to ensure that only those guilty of wrongdoing are ultimately convicted.
As part of any investigation, search warrants can be obtained by investigators. These may be for your home or professional address. We can be on hand to assist with this to ensure that law is complied with, that any legal professional privilege is not breached and that copies are preserved or obtained.
How can Blackfords LLP assist you with an Arrest or Interview under Caution
We have a team of highly specialised, expertly trained and qualified lawyers available 24 hours a day, 365 days a year, throughout the country. Contact can be made directly with our lawyers swiftly and easily. There will never be a good reason for not exercising this important right.
If you have already been interviewed without a lawyer and released with or without bail whilst the investigation continues, you are still strongly advised to seek legal advice from us.