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Police Interviews

Important Things to Know About Police Interviews

  • Anything you say during a police interview can be used as evidence against you if you are prosecuted for the matter. If you want to have someone with you during a police interview who can ensure that you do not say anything which is potentially incriminating, our solicitors are available 24/7 to attend police stations with you.

  • The rights that you have when being questioned by the police are extensive. You have the right to silence except when being asked your name, date or birth, address, and sometimes who was driving your car. You do not have to answer questions asked by the police otherwise. Instead you can simply say "no comment".

  • The police are required to inform you that they intend to interview you no more than one hour before they do so. If they are delayed and they do not remind you again, it is possible that anything you said during this interview will be inadmissible in as evidence in court.

  • If you are not offered a solicitor after you have been arrested, which is essentially any time after they put cuffs on you, any confessions or statements which indicate guilt will potentially be inadmissible. If the police have not offered you a solicitor, or if you have not properly waived your right to one, it is highly likely that elements of your statement will be inadmissible.

What is a Police Interview?

If the police wanr to speak to you about an incident, they will want to carry out a police interview. Although there are a number of situations in which they would like to do this, such as when you are a potential witness in a case or have already been charged and are the subject of a pending prosecution, the most common reason why they will want to interview you is because they suspect that you have committed an offence. The setting will almost invariable be a police station, and the police will simply ask you questions aimed at answering questions they have about the relevant events.

Why do I need a solicitor at a Police Interview?

The essence of a police interview is to ascertain whether or not you are the person who has committed the offence in question. Importantly, it should be noted that their primary goal is to pick up on details contained in your answers which might signify your guilt, even if you are not at all guilty. This must be remembered. Even though many people believe that they are able to determine when an answer to a question will be indicative of guilt, if taken out of context they are more often than not unaware of the legal connotations of their answers and the ways in which they could be used to indirectly influence the outcome of a legal or factual question. This can sometimes be devasting to a case. Conversely, solicitors such as ours are able to detect when there is a potential for a question to lead to disadvantageous consequences. With legal advice, you will know when and when not to answer these questions. Additionally, a solicitor is necessary to ensure that the many rules governing the process of police arrests and interviews are enforced; if someone isn't checking to ensure that the police, for example, do not hold you for too long without permission, or do not tell you within sufficient time that they are going to interview you, it is highly unlikely that they will be accountable for infringements of your rights. If you think that the police have not followed procedure properly, or if you want to know whether or not your rights have been respected by the police when they have been interviewing you, contact our solicitors today on 0141 946 0111.

How to Arrange a Police Interview with a Solicitor Present

Though it is correct to say that the absolute best way to avoid saying something which could end up being detrimental to your case is to say nothing relevant to the case at all (you are required to state your name, date of birth, address, and in limited circumstances who was driving your car at a given time), it is actually beneficial in some cases to attend an interview with the police and allow them to ask you questions. This is because any statements you make in your interview which back up your story and absolve you of guilt are admissible as evidence in court, and they can sometimes end up convincing the jury to believe that you are not guilty. If you are innocent and never attend a police interview, the only chance you will have to get your story across will be at the trial; but anything can happen at a trial, and in many cases it is a far better option to have your statement read to the sheriff or jury rather than giving evidence yourself, primarily because you will know by that time exactly what is in the statement.

If your particular case is one which would benefit from your attending a police interview, it is always important to have a solicitor attend with you The police are required by strictly-enforced rules to allow you access to your solicitor should you request it. You are also permitted to arrange to speak with the police through your solicitor. If you are in custody and require a solicitor, we are available 24/7 and can be reached on 0141 946 0111. If you think the police want to speak to you, you can contact us and we will contact the police directly to arrange this at a time which suits you.