Frequently Asked Questions

Our normal office hours are 09.00 – 17.00, Monday to Friday. Outside theses hours, you can contact us on 07493 032827, if there is an emergency or email us. We have lawyers on standby to deal with emergencies and we often attend Police Stations 24/7.

Stay calm! The Police have to tell you the grounds of arrest and why your detention is necessary. You will be cautioned, and the Police will record everything that’s said and done. It’s really important to stay calm and cooperative and say as little as possible. When you arrive at the Police Station you will be told that you have the right to have someone told of your arrest, speak to a Solicitor, free of charge, any time day or night, and consult the Codes of Practice, which governs Police powers and procedure. If you or someone you know has been arrested, you can call us for advice and assistance using our emergency number: 07493 032827.

A voluntary interview is usually conducted by appointment. You will be invited to attend the Police Station for an interview under caution which is recorded. A voluntary interview does not involve arrest or detention and usually, as soon as the interview is finished, you will be free to leave. Although this is a voluntary arrangement, if you fail to attend, the Police could decide to arrest you or arrest you if you decide to leave the station.

At the start of an interview, you will be cautioned. The caution is – You do not have to say anything. But it may harm your defence, if you don’t mention when questioned, something which you later rely on in Court. Anything you do say may be given in evidence.

This means that you have the right not to say anything during the interview. You can remain silent or answer ‘no comment’. However, if you don’t say anything and the case goes to Court and you raise a defence, the Court can ask why you didn’t answer questions in interview. This wouldn’t make you guilty of the offence, but the Court can draw an adverse inference from silence. In other words, they may wonder why you didn’t answer questions, and hold that against you.

Following an arrest, the Police have a number of options. They can release a person under investigation, release them on bail to return to the Police Station, charge or take no further action.

Release under investigation means that you have been released pending further enquiries by the Police. You will not be on bail, there is no restriction on your movements and there is no date to return to the Police Station or attend Court. At the end of the investigation, the Police will contact you with their decision. If this involves going to Court, you should call us to arrange representation.

If you are released on bail, you will have a date to return to the Police Station. You must attend, otherwise you will be committing a separate offence for which you could face a fine or imprisonment. There are strict time limits on Police bail governed by the Police and Criminal Evidence Act. Initially the Police can release you on bail for 28 days, but this can be extended up to 3 months. If the Police want an extension of more than 3 months an application has to be made to the Magistrates’ Court.

In some cases, the Police decide not to take any further action. This means the case won’t go to Court and you’re not required to go back to the Police Station. However, if any new evidence or information comes to light, the Police may get back in touch with you and they may wish to speak to you about that matter. If that happens you should call us for further advice.

At all times, whether you are on bail or released under investigation, you must not interfere with the Police investigation, speak to witnesses and must comply with any bail conditions imposed.

Yes, we are proud to offer legal aid to all our eligible clients. This can cover a wide range of work including attendances at the Police Station, interviews under caution, representation in the Magistrates’ Court, Crown Court and Court of Appeal. The process involves making an application to the Legal Aid Agency and, if granted, legal aid will pay for a lawyer to deal with your case from start to finish and could include the cost of instructing experts, forensic scientists and barristers. We will be paid directly by the Legal Aid Agency, at the end of the case, although you will be liable for any fine and prosecution costs if you lose your case.

We have a page which explains the difference between legal aid and private funding in more detail. The biggest difference with private funding is that you set the limit on how much work you want us to do, the level and experience of lawyer you wish to employ and have more control over the management and preparation of your case.

Legal aid is a very valuable resource and we are dedicated to providing all our clients with an exceptional service. However, some boundaries exist with legal aid work, for example, it may not be possible instruct a KC in cases which are deemed to be less serious and complicated, you may have to deal with different lawyers, and it may not be possible to have more than one lawyer working on your case.

Solicitors are lawyers who deal with everyday legal problems and will either have a general practice or specialise in particular areas of law. Solicitors usually practice in the lower Courts and instruct Barristers for advice and representation in more complex cases.

Barristers practice in all Courts and Tribunals and are recognisable by their distinctive wigs and gowns. Barristers can be instructed to give advice on legal matters, appeals and draft legal documents.

Kings Counsels (‘KC’), also known as ‘silks’, are leading barristers, recognised for their specialist knowledge and expertise in law. KC’s and Junior Barristers often work together in complicated cases.

Almost all criminal cases start in the Magistrates’ Court. Lay Magistrates and District Judges deal with cases which can range from driving offences, assault, theft and burglary to drugs and criminal damage. The Magistrates’ Court also deals with the collection of fines, issuing warrants, council tax and some family cases.

The Crown Court deals with serious and complicated criminal cases such as murder, rape, robbery, firearms and cases involving multiple defendants. Cases are sent to the Crown Court from the Magistrates Court and can also include cases committed for sentence and appeals against conviction and sentence. There are many Crown Courts around the country but probably the most well-known is the Central Criminal Court based at the Old Bailey in Central London.

A list of all the Crown Courts and their contact details can be found here:

https://www.gov.uk/find-court-tribunal

Lay Magistrates are members of the local community who volunteer to deal with cases for several days a year. They have legal training but are not lawyers and normally sit together as a tribunal of 2 or 3.

District Judges sit alone and are experienced Solicitors or Barristers who will have spent at least 5 years in practice. There is no jury; the Magistrates and District Judges decide all issues of law and fact in the case and decide what the sentence should be, if a person is found guilty.

Unlike the Magistrates’ Court, in the Crown Court the Judges are always qualified lawyers and have many years’ experience in criminal law. Judges make case management decisions, give legal rulings and deal with sentencing, if a person is convicted of a crime.

A jury is drawn from the local community and consists of 12 people, chosen at random, to sit on atrial and decide whether the defendant is guilty or not guilty. The jury will be assisted by the prosecution and defence barristers, who present the case, and will be guided on the law by the Judge.An important distinction is that the jury decide all matters of fact in a trial and the Judge decides any issues of law.

If a person pleads guilty or is found guilty of a criminal offence, the Court has to decide what sentence to pass by reference to the ‘Sentencing Guidelines’. The law states what the maximum sentence is for a criminal offence and the guidelines help the Court decide where the starting point of the sentence should be and whether the sentence should increase or decrease after taking into account the plea, aggravating and mitigating factors.

See the Sentencing Guidelines here.

A person who is unhappy with their conviction or sentence in the Magistrates Court, has an automatic right of appeal to the Crown Court. A Notice of Appeal must be lodged within 21 days of the final hearing and the appeal in the Crown Court is by way of a fresh hearing in front of a Judge and two Lay Magistrates.

An appeal against conviction or sentence from the Crown Court is made to the Court of Appeal. The usual grounds are that the conviction is ‘unsafe’ or the sentence is ‘manifestly excessive’ or ‘wrong in principle’. There is no automatic right of appeal, and appellants have to apply for ‘permission to appeal’. A Single Judge sifts the applications and, if permission is granted, the Full Court of Appeal then looks at the conviction and sentence.

Sometimes there may be a new or important legal point which requires scrutiny by the High Court or Court of Appeal. In that case, an appeal can be made by way of a ‘Case Stated’, ‘Judicial Review’ oran appeal in relation to a preparatory decision in the Crown Court.

The Court of Appeal deals with all appeals in England Wales against both civil and criminal judgements from the Crown Courts, High Court, and County Courts. In rare cases, an appeal is sent to the Supreme Court for consideration by senior Judges.

When the Court of Appeal and Supreme Court make decisions, their judgments become law and are often referred to as ‘precedents’ or ‘case law’. This is an important decision-making process as these Courts interpret the law and clarify unusual topics, which can affect the lives of the parties involved in the proceedings and lives of the public generally.

We sincerely hope that you never need to make a complaint about our service or fees. In the unlikely event that you’re unhappy with any aspect of our work, please call Ali Hussain on 07493 032827 or email ali.hussain@ahslaw.co.uk to discuss. We will always do our best for you and try and resolve any complaints and rectify any problems with you directly and informally. If you are still unhappy you have the right to complain to the Solicitors Regulation Authority or Legal Ombudsman Service. If the complaint is about your personal data, you have a separate right to complain to the Information Commissioner. Please see our ‘Complaints page' for more details.