Helpful Tips
Suspected of an Offence ?
- When receiving any calls or visits from the Police, always record the name and collar number of the officer concerned
- Don’t be tempted to speak to an officer until you have sought legal advice
- Contact a solicitor as soon as possible and provide the name and collar number of the officer so that the solicitor may make preliminary enquiries on your behalf - forearmed is forewarned !
- Avoid speaking to anyone who you think may have made a complaint to the Police about you - this may be construed as Witness Intimidation
At the Police Station
- Before speaking to the Police seek legal advice
- Don’t speak to the Police about the offence under investigation until a solicitor is present or you have had the opportunity to speak with them over the telephone
- If the Police cannot contact your nominated solicitor, insist on using the Duty Solicitor
- A Duty Solicitor is completely independent of the Police and his or her services will be free at the Police Station
- Having received legal advice before your Police interview, agree with the solicitor on their recommended course of action and stick to their advice !
- Where appropriate, draw the Police’s attention to any injuries that you might have received, any alibis that you wish to raise or the names and address of any witnesses that you wish them to speak to
At Court
- Always attend at Court early, at least 45 minutes before the stated Court appointment time on your Bail Notice - this will save waiting time later on
- Find a Court Usher, give them your name and find out which Courtroom your case is to be heard in
- If you haven’t already instructed a solicitor, ask one of the Court Ushers to introduce you to the Court Duty Solicitor who will be able to help you with your case
- Before going to Court, make a detailed note of as much relevant information as you can about the offence with which you have been charged, try to include contact details for witnesses and any photographs that you think might be relevant
- Make sure that you follow any instructions given to you by the Judge or Magistrates
Preparing your Case
- In order to apply for Legal Aid, provide your solicitor with as much relevant documentary evidence as you can regarding your income and expenditure - this will be needed
- Keep in regular contact with your solicitor or legal advisor
- Keep any appointments that are given to you by your solicitor
- Do your homework - consider the background of your case, try to identify and locate witnesses who may be able to assist you and provide their details to your legal advisor
- Where appropriate, you might wish to take photographs of any injuries that you have received or the scene where the incident was alleged to have occurred - keep this material safe and provide it to your solicitor as soon as possible
- If you have been injured, it is important to speak with your GP as soon as possible so that a note can be made that might be required by your solicitor later
- Be as co-operative as you can with your legal advisor, be open and honest about your position and do not keep anything from your solicitor
Bail
- Always observe each and every one of the conditions of bail given to you by the Court - failure to do so might lead to you being sent to Prison until the case is finished
Preparing for your Trial
- Attend at Court in plenty of time for the start of the hearing, allow 45 minutes before the stated start time so that you can speak with your solicitor or barrister to cover any outstanding issues before the case begins
- Ensure that all of your witnesses are aware of the date of your trial and attend at Court in plenty of time for the start of the hearing - they will have to be spoken to by your legal representative
- Don’t be nervous
- When questioned by the lawyers in Court, think carefully about your answers before slowly responding to the questions by looking directly at the Judge or Magistrates' - they are the people who you will have to convince of your version of events
- Don’t react and try to avoid becoming emotional by things that are said by other people - this is easier said than done in emotive circumstances but you must keep your cool
- Never speak out of turn - never shout or tut loudly because somebody says something that you disagree with - you will have your opportunity to state your case
- Dress appropriately - smart casual wear is generally considered to be suitable for a Court appearance
Preparing for your Sentence
- If the Court have ordered you to meet with the Probation Service prior to your Sentence Hearing, ensure that you attend promptly at any appointments that are given to you by the Probation Service and that you co-operate fully with the Probation Officer conducting the interview
- If you create a good impression on the Probation Service then they will be able to write a more favourable Pre Sentence Report for you
- Wherever possible, speak to friends and family members to see if they would be prepared to write a character reference for you - character references greatly impress the Magistrates' and may lead to a less severe sentence
- Follow any advice given to you at Court by your solicitor or legal representative
- Ask your solicitor or barrister about the prospects of success on Appeal, if the sentence that you receive is considered to be too harsh