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Common Assault in English Law is "using or threatening unlawful violence" It can be sometimes made up of two separate and distinct offences. An Assault - where the defendant intentionally or recklessly causes another to apprehend immediate and unlawful violence and A Battery - where the defendant intentionally or recklessly inflicts unlawful force. Common Assault is an offence that is triable only summarily. This means it can only be tried in the Magistrates Court. The Maximum sentence for Common Assault is six months imprisonment (although the racially or religiously aggravated form of the offence caries more). The only real defence to Common Assault in English Law is self defence though you can consent to common assault i.e. in the course of sport. The Sentencing Council produces sentencing guidelines for Common Assault which you can find here . The Courts always take domestic assaults very seriously as do the Crown Prosecution Service. The Crown Prosecutions Service approach to Domestic Violence is here This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

As I have mentioned elsewhere being a Criminal Solicitor is rather a unique job. In the Magistrates Court, If you work as a successful defence criminal solicitor solicitor you will generally be providing the following services for your clients: 1. Dealing with First Appearences. This could mean that you are advising on the appropriate pleas to offences/ mode of trial - i.e helping your client to decide, where he has the option, which court the case will be tried in and the thorny issue of bail. As a Criminal Solicitor you will act as an Advocate for your client in Court. For instance in a bail application you may be putting forward suggested bail conditions to the magistrates; dealing with the prosecutions objections to bail and telling the magistrates about your clients personal charaterstics. You may be advising him whether to plead guilty or to opt for a trial. You will be recomending whether or not, if he/she has the option to take the case to the Crown Court or not. You will also advise him/her on possible sentence and hiis/her chances of being granted bail if he or she has been remanded into custody. 2. Dealing with second bail applications. If a defendant has been remanded into custody by the magistrates court, if his case continues to be heard in that court he is generally entitled to a second bail application as of right. You will be dealing with the prosecutions objections to bail and generally trying to convince the magistrates that your client should be granted bail. In certain circumstances you may with cases be seeking to persuade the magistatrates that there has been a "change of circumstances". This is usually when you feel your client is entitled to a new bail application and the two previous bail applications made as of right have been refused. 3. Dealing with Trials You will be representing the client as criminal solicitor when the court is deciding whether or not the defendant is guilty of a particular offence or offences. The general rule is that the prosecution bring the case; the prosecution must prove their case. This is to a high standard of proof "beyond all reasonable doubt", "so that the magistrates are satisfied so that they are sure". You will, as a criminal solicitor need to have a sound grasp of the rules of evidence; the criminal procedure rules; criminal advocacy and your clients case. Your clients future may depend on it as in the magistrates court he can be sentenced to up to 12 months in prison for two "either way" offences. 4. Dealing with sentence. As a criminal solicitor you will need to know the sentencing guidelines for offences and the associated case law and where to find them. You must be experienced in the powers of persuasion and applying the facts of a case and appropriate sentence to your client. You must be able to grasp details quickly and assimilate them from documents such as pre-sentence reports, medical reports and expert reports weaving them into a coherent and cogent argument with little notice. This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

At the moment we can cover easily the following police stations with ease with our police station reps: (in no particular order) Ashford Police Station Bluewater Police Station Canterbury Police Station Coldhabour (Road Traffic) Police Station Dover Priory Customs and Excise Folkestone Police Station Maidistone Police Station Margate Police Station Medway (Gillingham) Police Station North Kent (Gravesend) Police Station Sittingbourne Police Station Swanley Police Station Tonbridge Police Station Tunbridge Wells Police Station We can also attend at Clients homes in Kent. We offer other services by arrangement and negotiation. This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

A Criminal Solicitor in England and Wales is a unique job unlike any other. Unlike other jobs it is essentially an amalgam of different roles. In essence if you are a Criminal Solicitor (for the defence) you will generally provide the following services: Provide Legal Representation to Defendants in the Police Station. 2. Provide Legal Representation to Defendants in the Magistrates Court including Advocacy. 3. Undertake file work and case preparation for Criminal cases in both the Magistrates and the Crown Court. 4. Obtain instructions from Defendants at home, in police stations, Courts and Prisons. 5. If suitably qualified, as a Higher Court Advocate "HCA" represent Clients as an Advocate in the Crown Court. Being a Criminal Solicitor is not a "9 to 5 job" but can be physically and mentally demanding. Defendants can be arrested day or night, 365 days of the year. Most successful criminal solicitors are "Duty Solicitors" contrary to popular belief they are not employed by or in league with the police but are criminal solicitors who have done additional qualifications to enable them to give legal advice to unrepresented Defendants at the police station or at the Magistrates Court. Everyone who is arrested in England and Wales and who are to be interview by the police are entitled to use the duty solicitor. This will be a Criminal Solicitor who is on a rota willing to come out to the police station day or night to represent a unrepresented defendant. Their services are free and they partake in the duty rota according to the available slots. Most duty solicitors will do 24 hours on a rota and hence it can be physically and mentally demanding representing defendants with little notice and little sleep. Again contrary to popular belief being a criminal solicitor is not well paid. Most Criminal Solicitors are paid by the Legal Aid Agency who pay their criminal solicitors firm a set rate per police station. This can be despite the number of hours they attend; the seriousness of the case or the time of day. Some fees are as low as £208 for a whole case however many the attendances. This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

Released under Investigation Versus Bail The charges have been dropped, but the damage has been done. Your reputation is in tatters, you may have lost your job, and your family is struggling to cope. You were released under investigation (RUI) instead of on bail, but what does that mean for you? Is there any difference between the two? Unfortunately, the answer is not clear cut: When someone has been arrested by police, they will either be released under investigation (RUI) or bailed. Released under investigation means that the person is allowed to go free with no conditions but further investigations into their case may take place and the individual may still face prosecution or other action in due course. Bailed means that the person can also go free, but only on certain conditions laid down by police such as attending a police station regularly, abiding by set curfews and restrictions, or even staying out of specified areas. It's important to note that being released under investigation does not necessarily mean an individual is innocent or guilty - this simply means the police have insufficient evidence at the time of arrest to charge them. Released under investigation can also last much longer than police bail, with no automatic time limit. It may take months or even years for the police to decide if prosecution should go ahead or not, but the individual may still remain under investigation during this period. The decision of whether someone is released under investigation or bailed will depend on a variety of factors such as the severity and nature of the alleged crime and any previous convictions or criminal activity. It's also important to note that being released under investigation does not mean an individual can't be arrested again - they could be re-arrested at any time in connection with the same offence. It is therefore essential for individuals who have been arrested and either Released Under Investigation (RUI) or Bailed to seek legal advice and support as soon as possible in order to understand what is happening and protect their rights. This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

Navigating a police station interview can be a daunting experience. Whether you find yourself questioning or being questioned, there are common pitfalls that many individuals fall into when faced with this high-pressure situation. Understanding these errors and knowing how to avoid them can make a significant difference in the outcome of your interaction with law enforcement. Let's delve into the unseen errors that can occur during police station interviews. 1. Lack of Legal Representation One of the most crucial mistakes individuals make during police station interviews is not seeking legal representation. It's easy to underestimate the gravity of the situation and believe that you can handle it on your own. However, having a lawyer present can provide you with invaluable guidance, ensuring that your rights are protected and that you make informed decisions throughout the process. 2. Volunteering Too Much Information In the heat of the moment, it's common for individuals to feel compelled to provide as much information as possible in an effort to appear cooperative. However, this can often backfire, as divulging unnecessary information can inadvertently incriminate you or complicate the situation. It's essential to strike a balance between cooperation and protecting your interests. 3. Failure to Remain Silent One of the rights you have during a police station interview is the right to remain silent. Some individuals make the mistake of feeling obligated to answer every question posed to them. Remember, anything you say can be used against you, so exercising your right to remain silent until you have legal counsel present is crucial in safeguarding your interests. 4. Misunderstanding the Purpose of the Interview Many people walk into police station interviews without a clear understanding of why they are being questioned or the potential implications of their statements. It's essential to be aware that the primary goal of law enforcement is to gather evidence, and your statements could be used in ways you may not anticipate. Having this awareness can help you approach the interview more cautiously. 5. Agreeing to Searches Without Legal Consultation The pressure of the moment can sometimes lead individuals to agree to searches without fully understanding their rights or consulting with legal counsel. In conclusion, police station interviews can be complex and intimidating, but being aware of common mistakes can help you navigate them more effectively. Remember, seeking legal representation, knowing your rights, and approaching the interview with caution are key steps towards safeguarding your interests during this critical process. Don't let the unseen errors trip you up. Approach police station interviews with care, caution, and the knowledge needed to protect yourself in these high-stakes situations. Your rights and future may depend on it. This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

From Police Station Agent: The Police Caution is: "You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you may later rely on in Court. Anything you do say may be given in evidence" What does it actually mean? Well. The first bit is quite straightforward. You do not have to say anything. Other than giving the police your name and address i..e. enough details to identify yourself you are not actually obliged to say anything to the Police hence the words "You do not have to say anything. You can be silent, reply "No comment" or give an explanation. Its down to you. Get advice from someone like police station agent! The last bit is also straight forward and is especially important if you do give an explanation. "Anything you do say can be given in evidence". This means that anything you do say can be given in evidence to a court. Beware there is no such thing as a "off the record" chat with a Police officer or anyone who gives you that caution. There are many people in Prison today who decided to try and tell a investigating officer of some fact off the record. That fact can and will be given in evidence. The confusing bit is the middle for most people. "It may harm your defence if you do not mention when questioned something which you later rely on in Court." Well what does that mean? Police station agent states: "In essence if you later rely on a fact, eg "I wasn't there. I was at X's" at the time of the crime and do not mention it when questioned later on in the police station in a properly valid police interview it can harm your defence. i.e. The Court may think you are lying when you tell them later on in Court and it can damage your case. " Therefore You need a Solicitor in the Police Station. Its free for everyone who is going to be interviewed by the Police. Ask for Legal advice if you are going to be interviewed. Its free and the Police must arrange it. This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

Police station representation - By Police Station Agent - Police Station Reps Will I need it? I have just been invited in by the Police for a chat? (1). The short answer is Yes. Here’s why? (a) You are a suspect in a Criminal Case. The Police must arrest a person when they  have reasonable  grounds to suspect a person’s involvement or suspected involvement or attempted involvement in the commission of a criminal offence; AND they have reasonable grounds for believing that the person’s arrest is “necessary.” The arrest must be necessary for one of the 9 reasons mentioned below:- a) to enable the name (and address) of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person’s name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name); (b) … ; (c) to prevent the person in question- (i) causing physical injury to himself or any other person; (ii) suffering physical injury; (iii) causing loss of or damage to property; (iv) committing an offence against public decency (subject to subsection (6)); or (v) causing an unlawful obstruction of the highway; (d) to protect a child or other vulnerable person from the person in question; (e) to allow the prompt and effective investigation of the offence or of the conduct of the person in question; (f) to prevent any prosecution for the offence from being hindered by the disappearance of the person in question. (b) The outcome of the case could have a dramatic effect on your career and/or your life in the near future. If the Police or Crown Prosecution service believe that you have committed a Criminal offence there is a whole array of disposals that could apply to your case. Some of the options include a fixed penalty, a Caution (warning) if you are an adult, a charge (a direction that you must appear at court to answer an allegation on a specific date) or you may be charged and remanded to appear at the next available court. If you are a Youth the options are even more varied. Utilising free Police station representation and being legally represented at the Police Station by someone like police station agent and their solicitors and accredited police station representatives , can assist you through the minefield of possible disposals and the best way to deal with your case. (c) It’s Free! In England and Wales, there is no charge for Legal Representation at the Police Station. Police station representation is  free and provided by the Legal Aid Agency. The Police must obtain a solicitor to represent you if you so request.  You can have your own solicitor if he deals with criminal cases or a duty solicitor all of whom can be provided by police station agent. The Solicitor must and will be independent of the Police. All requests for a Solicitor go through the duty call centre. If you wish you can pay for your own solicitor. (d) You need Independent advice The Police are not Solicitors. Their function is to uphold the law. They owe no duty to you to advise you how best to deal with the situation you may find yourself in, in a police station. A Solicitor such as one like police station agent is independent and must always act in their client’s best interests. What Happens If I Am Invited In By Police For A Chat? (a) There is no such thing as being invited in by police for a chat! If you are asked to attend a police station to be interviewed with regard to a matter you are a suspect. You can be asked to attend a police station voluntarily. As such, if you agree, the necessity conditions to arrest you may not apply and as such the police may decide not to arrest you. You are still a Suspect! You can still be Charged! There is no such thing as a Chat! You need Legal Advice. It is still free and we strongly advise you to ask the police to arrange it. They must do so. This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

Top Ten Tips For A Police Station Rep & Tips For The Newly Qualified Police Station Rep (1) Read the Custody Record Thoroughly. If you are an experienced police station rep you will know that the custody record can be a useful source of information obtainable from the police that may not be recorded elsewhere. Often it will list the client property and this may lead to you pursuing additional lines of disclosure which otherwise you may not have been aware of. It may record the client's mental health position; whether or not the client was intoxicated and many other useful bits of information. Always read it! You never know how useful it could be until you've examined it thoroughly. (2) DDO's can be a useful source of information. Often the DDO (designated detention officer) will know more about your client than the custody sergeant or the officer in the case. After all, he/she may have been caring for them and dealing face to face for many hours. Many DDO's are highly experienced and have been in the job for some time. As such they will often be able to tell you who are the "old lags" and who have only been arrested for the first time recently. (3) Don't rely on what the client tells you for information. Many years ago as one of a number of newly qualified police station reps I made the unfortunate decision to rely on what a client had told me as to her previous convictions. This client who was very criminally experience had obviously spotted me as a "new face". In consultation, she told me she had no previous convictions. This was a shop theft case. I made representations to the custody sergeant following interview in which she admitted the offence he might want to consider the possibility of the caution. The quick retort came back "Have you looked at your client 17 pages of previous convictions?" A valuable lesson was learned that day............. (4) Its not what the Officer tells you it's what he does not say In all police forces that I have represented clients in it has been standard police practice to withhold important pieces of information from the police station representative. This is according to the police at least so that they can "test the clients account in an interview". Always be on the alert for what the officer could be hiding from you in terms of disclosure. It is particularly prevalent with newly qualified or probationer police officers. Often you will get a standard phrase "That is all I am prepared to disclose at this present time". Or "I believe that I have given you sufficient disclosure in order that you can advise your client". Quite often, the police do not seem to understand that the legal representative's role is to protect and advise their client. Sometimes disclosure is so inadequate your only option is to advise the client to go " no comment" in an interview. Do not be afraid to say this on tape when it comes to the police interviewing your client or intervening when they come up with new pieces of information. (5) Don't be afraid to intervene in the interview. Ed Capes Defending Suspects At Police Stations is the book to consult with regard to what type of questions to object to in police interviews and why. Read it! Don't be afraid to intervene in police interviews if you feel that the questioning is unfair. You are not there simply to act as an observer. Remember the Cardiff six case. (6) If you're going to have a disagreement with a police officer make sure it's been recorded. Where humanly possible if you know you're going to have a disagreement with a police officer try and ensure that it is recorded. The best place to do this is in the police interview.  You will find that even the most disagreeable, arrogant and difficult officer will struggle when you explain politely and on tape what your request is. As it is recorded the whole interaction can be referred later to in court. (7) Disclosure, Disclosure, Disclosure Like it or not your job is to get the most disclosure that you can for your client that you can possibly can.  Police officers will often try and hold as much as they can back.  Withholding of disclosure is especially prevalent with newly qualified or probationer police officers.  Often they seem to have been taught by rote. You may need to explain to them that the less you know about the alleged offence the more likely that you will have to advise your client that you do not have enough information and that he should go "No comment". Do not be afraid to do a prepared statement in these circumstances. (8) Let clients know their chances of bail. It is important to be realistic with clients as to their chances of bail especially if they are likely to be charged.  You will do yourself no favours or the client if you mislead him as to his chances. Be realistic. Often this is the first and only thing on the client's mind. Give a reasoned explanation as to why/why not he may not get bail on this occasion and you will keep the client for life. (9) Be realistic with outcomes Never lie to a client as to the possible outcome of a case. Often you will not have enough information to say what could happen. Tell the client the possibilities in a calm and measured way and be realistic. Don't fall into the trap however and saying what the client wants to hear! (10) Police stations will be ready at inconvenient times. Police stations are rarely ready at 9 a.m. on Monday mornings when you have nothing else to do. They will be usually ready late at night, on evenings when you have things planned, on bank holidays and at weekends. Remember this is a way of life, not a job. I always have my bag packed, full of forms with me as you can never tell when the next police station will be ready! This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

You know the problem. Your stuck in the office by yourself.... You work in a criminal solicitor's practice and you've just had that urgent call from the duty call centre................. the police are ready to interview your client at the police station. You can't go yourself. There is this important client coming in five minutes with this document for the Crown Court which you must just complete today. Should you turn the call down? Give it back to the duty call centre? Cancel your important meeting with that important client and lose that client that you have worked so hard to keep? or instead consult OUR FREE POLICE STATION REPRESENTATIVE DIRECTORY it's free! and with one phone call you can instruct that local police station representative to cover that important call. He or she is a fully accredited after all or even a criminal duty solicitor. Unlike your staff he or she will work pass 5:30 pm until such time as the case is finished. They are available at unsociable hours; on evenings and weekends and bank holidays too! And for a fraction as to what an agency will cost you! You might decide to instruct them every day. Click on the picture below for the site. This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

I want to become a Police Station Rep? - by Police Station Representative Directory What do I need? (a) Boundless energy and enthusiasm! (b) Willing to work at unsocial hours. Most, good (but not all) Police Station Reps work very antisocial hours similar to the force area that they work in. Interviews usually take place according to their shift patterns ie In the area where I work, i.e. Kent. Police shifts run from 7 am to 2 p.m, 2 p.m. to 10 p.m. and 10 p.m to 7 a.m. (c) Ability to get on with a wide variety of people from all kind of different backgrounds. In my 25 years of doing this job I have dealt with all types of people, from drug addicts to High Court Judges. Clients may be aggressive, rude, difficult, demanding and can also be a joy to work with. You will hear stories of great suffering and great tragedy. Everyone has a story. In many cases you may not agree with their reasons for what they may have done but you will soon realise that everyone has a story. You will also need to get on with police officers who assume everyone is guilty just because they have been arrested. (d) Empathy You will need quite often to put yourself in the client's shoes. To be able to see the world from their viewpoint. (e) A belief in Social Justice Believe me! This helps. You must believe that everyone irrespective of race, creed or colour or indeed anything else, has a duty to be treated with dignity and respect whatever they are accused of doing. That even the worst mass murderer in history, whatever your personal feelings, should be treated according to the law and as a fellow human being. (f) Police Station Accreditation A little about that later......Warning! You have to pass exams! and then you can register on our police station representative directory. (g) Contacts with Local Criminal Defence Firms You won't be very good if no one wants to instruct you. and last of all (h) A very thick skin You will be constantly asked by Friends, family and neighbours ,questions like How can you represent someone if you know he did it? Is he/she guilty? The answer to that is: The court decides if he/she is guilty, not me. And I can't tell you because what my client has told me is confidential and I cannot and will not reveal it. The principle of client confidentiality is paramount. Not even a court can force you to say what your client told you in confidence. This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/

How To Become a Police Station Representative? (1) Find out what it is like The best way of becoming a police station representative is to actually find out what it is like. Whilst at this stage you will not actually be able to experience going to a police station and advising a suspect the easiest way of finding out what it entails is actually to go and find someone who actually does the job on a day to day basis. Contact a police station representative and actually have a chat with them. Most police station representatives are by their very nature quite nice and approachable. Be polite and remember they may be very busy at certain times and their clients come first. However, if you leave a telephone number and/or email address they will usually come back to you. Don't expect an immediate reply! They may be very busy dealing with clients at the very moment you ring. (2) Find that every elusive supervising Solicitor! Without that supervising solicitor, you cannot complete your portfolio. He/She has to sign the portfolio off at the end and should be available during your training period to both give feedback on what you have done and how you can improve. He/She should also be available if you go to a police station on your own. Every one of us gets situations which are thrust upon us which as a new rep you may not know the proper way of dealing with. To find him/her ask friends or family if they know anyone who practices criminal law as a solicitor and who may be ready to help you. Most police station rep sites will let you put free adverts on their sites. Write to criminal practices asking if you can shadow a criminal solicitor in your holidays. You may only get one reply but you only need one supervising solicitor. (3) Be enthusiastic Everybody likes someone who is enthusiastic and is passionate about what they are doing. Be ready for the fact that being a police station rep will be a 24 hour 7 day a week job. Accept the fact that if you are to be successful this is not a 9 a.m. to 5 p.m. job. You can't knock off in the middle of a police station interview and leave. Sometimes you may be at the police station for hours if not days. The average police station attendance is three hours. If you are doing something serious like a murder or a terrorism case it will be days. Clients and firms (let alone the police) will not be impressed if they see a new face. Remember it is the clients liberty and sometimes the rest of his or her life that will be affected. (4) Register with an assessment organisation You have to pass Part A of the portfolio and pass the written exam. Without this, you cannot apply for your pin no. Check the regulations you may be exempt from the exam if you have done and passed recently a law degree. Check the regulations as they can change quite frequently. Remember you have to pass everything (portfolio, exams etc within a year). Remember very few people pass the first time so give yourself lots of time in case things go wrong. (5) Learn, Learn, Learn! Get hold of some criminal texts and learn criminal law to a high standard. Get hold of a copy of the definitive book - Ed Capes Defending Suspects at Police Stations. A copy of Blackstone's Criminal Law or Archbold may not go amiss. Subscribe to Legal websites and remember a little learning goes a long way. Keep up to date with sentencing and Criminal Practice. (6) What Do I Need? Next post coming soon for the characteristics you will need as a police station rep! This article is written by Robert Cashman, a practicing criminal solicitor with a national firm of Criminal Solicitors. It does not purport to be a exact statement of English law but for guidance only and you should always get independent legal advice about your specific situation. Robert can be contacted via   https://www.policestationagent.com/