Search Results

A Duty Solicitor is A Criminal Solicitor - independent of the Police or the Crown Prosecution Service who provides free legal advice and representation at Police Stations or Magistrates Court to people suspected or charged with a a criminal offence. 2. Usually works for a Criminal Solicitor's firm within the local area. The firm will be contracted by the Legal Aid Agency to provide those services at local courts and police stations at times and dates specified on a duty rota. Anyone who asks for legal advice assistance or representation during those times can request the services of the Duty Solicitor (subject to certain exceptions) 3. Is fully independent of both the police and the court service. Is duty bound to provide the best independent legal advice and assistance and representation to their particular client. (Note it is a common fallacy that if you ask for the Duty Solicitor they are working with the Police - they do not and incidentally most Criminal Firms who do private work have Duty Solicitors as well) 4. Will be Legally qualified and experts in Criminal Law. To be a police station duty solicitor will have passed a qualifying exam, a practical police station assessment and passed a portfolio assessment of at least 9 police stations. To be a Magistrates Court Duty Solicitor will have passed an advocacy test and a portfolio assessment. 5. Will be extremely experienced and may also have further qualifications in Criminal law - Could also be a Higher Court Advocate - qualified to represent clients in the Crown Court. Most solicitors will have a law degree and done two years training in a law firm and at least have one years practical experience on top before they become a duty solicitor. 6. Will be committed to social justice and what they do. Most Criminal Solicitors are not fat cats" and most earn less that £40,000 per year if that. This is for a 7 day week 24 hour a day job. It is a sad fact that your plumber will proabably earn three times the rate they do. The author of this article is Robert Cashman, a Criminal Solicitor and Higher Court Advocate who maintains the Police Station Agent website. He may be contacted on (07535) 494446. Robert practices in Kent Court and Police Stations on a daily basis for Police Station Agent and a major national criminal solicitors practice.

What does it mean? So you have had a phone call from the police officer following your voluntary interview at the local police station. They have told your files been marked "No Further Action" or "Refused Charge". What does that mean? 1. At this moment in time, your case will no longer be proceeded with. There is insufficient evidence to charge at this time a criminal offence However, you should be aware there is nothing to stop you being arrested or invited in for an interview should new evidence come to light, even if this is years or decades in the future. There is no statute of limitations in England and Wales. This means there is no time bar to any future prosecution or arrest in the future. 2. You should get any item or property back, provided the police cannot prove that it is criminal property or could be the subject of legal proceedings. Often the police will ask you to sign a disclaimer disclaiming all rights to the property. You should know that if you do so, you will lose all ownership to the property. This means you will not get it back. It does not mean should evidence come to light that it was not yours in the first place that you will not be arrested, charged and prosecuted. You should also be aware that it does not stop the police or anyone else taking civil proceedings against you with regard to the property. It just means that at this time the police believe that they cannot prove the case against you "beyond all reasonable doubt" so that the jury or magistrates are satisfied so that they are sure that you have committed the offence. 3. It does not mean that any property initially seized by the police is automatically yours and you cannot be sued for the return or damage to that property, Seizure and return of property by the police does not mean that property is not "stolen". Just that the police, at this time, cannot prove that it is. It does not stop civil claims being instituted against you by the "owner". Any civil claim will be considered by a civil court on the balance of probabilities, i.e. is it more likely than not that it is the claimants. This is completely different to the criminal burden of proof. If you require police station representation in the Kent area, please call Robert Cashman on 07897 015550

Frequently asked questions by members of the public. 6. Do I need a Solicitor at Court? Can I get Legal aid ? The answer to the first question is invariably yes. The Court, can depending on the case, potentially send you to prison. Most criminal solicitors will, if you contact them, advise whether or not you will be eligible for legal aid. If not, you may have to pay privately. In both cases they will advise you when the evidence is received from the prosecuting authority of the strength of that evidence. They will discuss with you, your explanation, if any and advise you on the appropriate plea and likely sentence. It is generally better to instruct a solicitor as quickly as you can. If the matter goes to the Crown Court he may instruct a Barrister or Higher Court advocate to advise on your case further and to undertake the advocacy in court. 7. I have just been bailed by the police. What does Bail mean? What is a release under investigation? There is a good explanation here with regard to bail. A release under investigation is where you are released by the police without a obligation to return to the police station. The investigation and evidence gathering by the police is however still ongoing. You should note that a release under investigation is not an end to the matter. You may be summonsed to court by the police, asked to reattend a police station voluntarily to be further interviewed or re-arrested. It is vital if you change address or contact details that your new details are given to the police officer investigating your case otherwise you may be summonsed to court without your knowledge or the police may put out a warrant for your arrest. You must not, if you are released under investigation do nothing that may jeopardise the police investigation of you. If you do you can be arrested again. 8. What powers do the police have to search me, my property or enter my home? How can they exercise these powers? This is a huge topic and a book by itself. It is always better to get specific legal advice from a solicitor about your specific situation. The list below does not claim to be comprehensive and you should seek legal advice from a competent solicitor. For instance Searches of premises can be authorized by a search warrant issued under section 8 of PACE 1984 for evidence of indictable offences section 26 of the Theft Act 1968 for stolen property section 23 of the Misuse of Drugs Act 1971 for controlled drugs schedule 5, paragraph 1 and 11 of the Terrorism Act 2000 for evidence relating to terrorism They may also be authorized under Section 17 of the Police and Criminal Evidence Act 1984 to: ·       execute an arrest warrant, arrest or recapture a person on any premises ·       save life and limb or prevent serious damage to property. or Section 18 of PACE where there is authority to enter and search the premises occupied or controlled by a suspect who has been arrested for an indictable offence. or Section 32 of PACE where there is authority To search an arrested person where the person has been arrested at a place other than a police station. If the offence is indictable, they can also enter and search any premises that the suspect was in at the time of their arrest, or immediately before arrest, for evidence. Powers to stop and search a person Section 1 of the Police and Criminal Evidence Act 1984 Section 1(2)(a) of PACE provides police officers with the power to stop and search any person, vehicle, or anything which is in or on a vehicle, for stolen or prohibited articles, points and blades, or fireworks. Prohibited articles include offensive weapons and articles with which a person is going equipped to steal or cause criminal damage. Section 23 of the Misuse of Drugs Act 1971 Section 23(2) of the MDA provides that a constable may search a person suspected of being in possession of a controlled drug and detain them for the purpose of the search. They may also search any vehicle or vessel in which they suspect the drug may be found, and can require the person in control of the vehicle or vessel to stop it for that purpose. Other stop and search powers Other powers which apply in specified circumstances include: section 47 Firearms Act 1968 section 7 Sporting Events (Control of Alcohol etc.) Act 1985 section 4 Crossbows Act 1987 section 2 Poaching Prevention Act 1862 section 12 Deer Act 1991 section 11 Protection of Badgers Act 1992 section 19 Wildlife and Countryside Act 1981 section 139B Criminal Justice Act 1988 The Psychoactive Substances Act 2016 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/

They May Want To Arrest Me? What Should I Do? Quite often Criminal Solicitors or Police Station Representatives are contacted by members of the public stating that the police have contacted them and that the Police may be looking for them. What should you do if you are in that situation? See our handy list below: (1) Don't Panic! Quite often the Police will contact people for purely routine reasons. You could a witness to a car accident, they may be making routine enquiries about a missing person. Your car may have been stolen or you may have some important information to give. Do not automatically assume that they have contacted you becasue they want to arrest you but if you think that they might want to.... go to No 2 below. (2) Obtain the Officers Name and Badge Number Most Police Officers conduct theiir own investigations. Often the only other person who will know about their investigation is their direct line supervisor. Ringing 101 will often not produce the desired result. The operator will often tell you that without details of the police officer concerned it will be impossible to find out whether you are wanted. Sometimes by presenting yourself at the police station and giving your name and address and date of birth the front desk officer is able to check the position by doing a Police National Computer check. However you may be wanted and a marker * may not be on on the Police National Computer yet. (* A marker is a mark on the police national computer stating that you should be arrested if the police come into contact with you.) (3) Contact a criminal solicitors firm, criminal solicitor or accredited police station representative Police station legal advice and assistance is free for all potential criminal offences where the investigating officer is a police officer. Contacting a criminal solicitor, accredited police station representative or criminal solicitors firm will mean that a representative will be able to contact the police on your behalf and potentially avoid the police arresting you where you could be extremely embarrassed i.e. at work, at an inconvenient time i.e. 3 a.m. in the morning or in an unnecessary situation i.e. when it can be arranged for you to come in to the police station by appointment and interviewed voluntarily. Having a legal representative acting on your behalf will mean that you may well be able to get disclosure of the case against you before you go to the police station. At the very least a legal representative has a duty to act in your own best interests and will do his utmost to discover the case against you from the police prior to your interview. He will be able to advise you as to your legal rights and what is the best thing to do or not to do in the interview in order to put yourself in the best legal position that is possible. Legal advice and assistance at the police station by criminal solicitors and accredited police Station Representatives who hold the necessary qualification and whose firm has a contract with the legal aid agency is entirely free. The police will often advise you that you "don't need a solicitor". They just want "a little chat". Be warned. Anything that you say to the police can and may be used against you in a court of law. For Representation at a Kent Police Station - 07535 494446

One of the most common things I am asked as a police station rep (albeit I am also a Criminal Solicitor) is what could a solicitor possibly do for me, if I am arrested for a criminal offence and taken to a Police Station? I answer always with one word: That word is disclosure! If you do not have the assistance of a police station representative/police station agent or criminal solicitor at the police station you will not have the benefit of knowing any part of the police case against you (or the possible strength or weakness of it) prior to your police interview. A police station agent or representative's job is to gather all the available information he can prior to the interview and advise you on the strength or weakness of the police's case. A competent police station agent representative will on arrival at the police station where you are detained immediately ask for and minutely examine your custody record (the police must keep a record of all the things that have happened to you when you were brought into custody and before). This will contain things like details of the property you had with you; what briefly you are alleged to have said or done; what time you were arrested and what for and many other details. Following scrutiny of the custody record significant details of the case against you may be revealed. The police station agent or representative will then ask the officer in charge of your case what evidence the police have got against you? Whilst the police do not have to tell your representative every single fact in their possession (and many try to disclose as little as possible) they will often give your police station representative or agent significant details of the case against you. Quite often the police station agent or representative will be able to find out if any actual witness statements have been given to the police by important witnesses! The lack of a important witness statement could mean that the police have in effect no evidence against you other than what you say in your interview. A police station agent or representative will therefore be in a position to advise you as to whether it is in your interests to answer police questions or not in interview. He or she will also be in a position pre-interview to advise you of the strength of the case against you and give you appropriate advice. In many cases asking for a police station representative before interview could make the difference between conviction and acquittal ; charge or release without charge. Police station representation is free to anyone arrested or interviewed under caution by a police officer in England and Wales. If you need it in the Kent area call police station agent on 07535 494446

Freelance Police Station Representative or Freelance Criminal Solicitor? Do you need more work representing clients at Police Stations for major Criminal Practices in England and Wales? Want to work in your local area covering your local police stations and sick of paying a cut to the agency and not getting a decent fee for the work that you do? Post your details free on our leading police station representative site and join our free community. The site if free and we charge you nothing for registering your details. Neither do we charge the firms for making your telephone number freely available. "There is such a thing as a free lunch..........."

How to get paid when a Criminal Solicitors Practice owes you money! 1. Send invoices as soon as the job is finished. It should almost go without saying. As soon as you have finished a particular job you should send an invoice straight away. Criminal firms cannot pay you until have received your invoice and papers. As a freelance police station rep, you want to get a good reputation. One of the ways of getting and maintaining that good reputation is to ensure that criminal firms get your notes well within the 24-hour period specified by the Legal Aid Agency. Make it a regular practice to email those notes in PDF form and send the original notes in the post as soon as possible. 2. Send statements at regular intervals. Criminal practices are busy places. Unfortunately, this may mean that your outstanding invoices may not get the attention that they deserve. Sending statements at regular intervals, say 7 or 14 days will ensure that the practice knows your bills are outstanding. If the practice knows that they are outstanding they are likely to pay them. 3. Ensure that they are sent to the right person. Invoices that go to the wrong person will usually not be paid. It is always a good idea to get the name of the person who has authority to pay your bills. In most criminal practices it will usually be one person. Cultivate your relationship with him/her. You will be paid so much more quickly. 4. Use a credit controller if necessary. Having a credit controller is a really great idea and it is not necessary to employ one full-time. Currently, I have a freelance credit controller who is paid per telephone call. Having a credit controller is not extremely expensive if you find the right one. Regular telephone calls usually ensure that your invoice will not be forgotten. 5. Send regular reminders. This is a great way to ensure that you get paid. Currently, I have an accounts package, quick file that automatically lets me know when client invoices are overdue. This has a facility to send automatic emails with a polite nudge to let my clients know I have not forgotten the invoice. It is well worth investing in a good accounts package. Quickfile is free for new users and only costs £49 a year. 6. Don't work for those who will not pay. Ultimately, you are running a business and must treat it as such. It is not worth working for clients who will not pay your invoices or work on credit periods that you find unacceptable. One of my now ex-clients used to think it was okay to pay me every 90 days despite him being paid by the legal aid agency every 30 days. I now no longer work for him. 7. Offer generous early settlement terms for prompt payment. I offer 10% discount for early payment by bank transfer. It is a great way of ensuring your invoices are paid early and good for clients too. 8. Don't be afraid to sue if necessary Do not be afraid to resort to legal proceedings if necessary. There are many different debt collection agencies. 9. Ask around - Other reps will know who pays on time and those who pay late. (and those who don't pay at all!) Other police station representatives are usually a good mine of information as to who are good payers and who to avoid. Ask around and you will quickly get to know the best practices to work for. This 10. Get a good accounts package A good accounts package pays for itself in months. I recommend quick file. All advice brought to you by