If you are arrested it is essential that you exercise your right to independent legal advice and representation. The same applies if you are invited in for a voluntary interview under caution which can often be presented by the authorities as an informal process to assist with their enquiries. It is not, and you will be putting yourself at risk if you are unrepresented. You are entitled to be represented by a solicitor of your choice or have one appointed.

You should keep the firm’s main number available so if ever required you can access our 24/7, 365 days a year, emergency police station representation service: 020 7734 9700.

We have extensive experience of representing clients in interview under caution, and have advised in respect of all offences including the most serious and complex.

If you are arrested, we will attend as soon practicable to advise you and represent your interests throughout the process. 

If attending by appointment, once instructed we will contact the police to obtain pre-interview disclosure of the allegation. Subject to funding, we will meet with you to take your instructions either in advance of or at the police station, at which we will explain the law and procedure and prepare you for the interview. Preparation includes advising on the strength of the evidence disclosed, any available defences, and whether you should answer questions, exercise your right to silence, or provide a written prepared statement.

We will ensure that your legal and basic rights are upheld at all times and support you throughout the investigation process. We can also be instructed, on a private basis, for pre-charge representation to proactively defend your case from the outset of an investigation with the aim of preventing charges being brought against you.

After the interview is complete the police will proceed either to charge, further investigate or mark the investigation for no further action.

• Charge – commencement of court proceedings
• Further investigate – the police may require further time to complete their investigation. This may involve, for example, contacting potential witnesses, obtaining downloads from electronic devices, obtaining forensic evidence, and liaising with the Crown Prosecution Service. If the interview involved an arrest, then the police will either grant bail providing a date on which you are required to return to the police station, or release you under investigation (RUI). Bail may be accompanied by bail conditions, such as not going to a particular place or not contacting named people
• No Further Action – where the police decide there is insufficient evidence to support a prosecution, or it is not in the public interest to prosecute, they mark the file for No Further Action bringing the matter to an end unless unexpected new evidence surfaces

In each case we will advise as to whether it would be appropriate to make written representations to the police seeking to dissuade them from mounting a prosecution.

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At the conclusion of the investigation stage the police, in conjunction with the Crown Prosecution Service (CPS), will determine whether you are to be charged and will face prosecution, and if so, for which offences.  

Facing court proceedings can be a harrowing experience with much at stake. As your legal team we will vehemently defend you at trial if contesting the charges, or seek to offer persuasive mitigation for those plead or are found guilty. We can advise on all matters concerning the court process to ensure that you fully understand the proceedings and the decisions that need to be taken in your case.

We take pride in preparing our cases thoroughly and ensure that, where required, counsel and experts witnesses are carefully selected to meet client and case needs. 

Where appropriate, we can engage in post charge representations with the aim of persuading the CPS to discontinue a case before the commencement of the trial.

All offences charged start with a hearing in the magistrates' court, but more serious offences will be sent to the crown court.

Summary only offences

Some offences can only be heard in the magistrates' court. These are called summary offences. These offences are either non-imprisonable or attract a custodial sentence up to 6 months for a single offence or up to 12 months for more than one offence.   Examples include minor driving offences, common assault, using threatening words and behaviour, and low level criminal damage.  

Indictable only offences

Indictable only offences are those which are so serious they can only be dealt with in the crown court.  Examples include robbery, section 18 wounding with intent, and murder.  At your first appearance on an indictable only charge your case will be formally sent to the crown court where you will need to appear on a subsequent date. 

Either way offences

Either way offences, such as burglary, assault occasioning actual bodily harm, and many drugs offences can be heard either in the magistrates’ court or the crown court.  In these cases the prosecution, and sometimes the defence, will tell the court where they think the case should be heard, less serious cases being appropriate to stay in the magistrates’ court and more serious cases being better dealt with at the crown court. The court will then decide where the case should be heard. 

Where the magistrates accept that your case can be dealt with in their court, and you agree, then your case will proceed at the magistrates’ court.

In circumstances where the magistrates have accepted jurisdiction, you have the right to choose to be tried by a jury at the crown court. In certain cases, you may have a better chance of acquittal in the crown court but the case may take longer to conclude and with potential costs implications.  We will advise and assist you in making this decision.

If your case is allocated to the crown court, either at the court’s direction or because of your decision to be tried by jury, the procedure will then follow as detailed in the "crown court" section below.

A Youth Court is a special type of magistrates’ court for people aged between 10 and 17. The youth court is not public and only those involved in the hearing may attend. Serious cases such as grievous bodily harm, murder, or significant drug supply, will be sent to be tried at the crown court.  

All defendants in the youth court must be accompanied by an Appropriate Adult, usually a parent, guardian, relative or social worker. 

Your first appearance at the crown court will usually be 28 days after your case was heard in the magistrates' court, for a Plea & Trial Preparation Hearing.  If you are pleading not guilty, a trial date and timetable for the preparation of the trial will be set. If pleading guilty, your case will most likely be adjourned for sentencing. 

You have an automatic right to appeal a conviction or sentence imposed in the magistrates' court to the crown court. An appeal against conviction takes the form of a re-trial before a crown court judge and two magistrates. A crown court judge alone will hear an appeal against sentence. 

To appeal a conviction or sentence imposed in the crown court, you must apply for permission (leave) to appeal to the Court of Appeal. 

Strict time limits apply to the above, so do not delay in obtaining independent legal advice in respect of any potential appeal proceedings.

We provide advice on appeal for all clients who the firm represented during the relevant proceedings, whether publicly or privately funded.

We conduct privately funded appellate work for clients who were not represented by the firm during their proceedings.