FAQ

It is essential to have a solicitor at the police station. A solicitor will protect your rights and ensure that you are properly treated. She or he will secure disclosure from the police and discuss the disclosure with you and the strength of the evidence in private with you prior to interview. She or he will take your account and advise you what would be the best wat to approach the interview.

Everyone is currently entitled to free advice at the police station, therefore it would not cost you to have a solicitor present with you at the police station to provide you with independent legal advice.

After your interview the police will then decide as to how they will deal with you. The police will ask the Crown Prosecution Service for advice on whether you should be charged. Your case can be dealt with in one of the following ways:

• 1. No further action
• 2. A fixed penalty
• 3. A caution
• 4. Released on police bail why they investigate further.
• 5. Charged with the offence

You are entitled to bail unless the police or courts believe that you will fail to come back to the police station or court, or that you will commit further offences on bail or interfere with a witness. We will make representations on your behalf if we believe that you should be entitled to bail.

If you have been charged and kept in custody, you will appear before the next available court which is usually the next working day. Your first hearing will also be at the magistrates’ court. Once you get to court, if you have a solicitor the solicitor will be given the evidence that the Crown Prosecution Service have against you (if it is available) and will be able to discuss this with you privately before the hearing. Depending on the nature of the offence, your case will either be heard in the magistrates’ court or the crown court.

It is vital to have a solicitor to present at any court case. A solicitor will be able to advise you on the law and how strong the evidence the Crown Prosecution Service have is against you. A solicitor will also be able to advise on the appropriate plea and mitigate on your behalf. If you case proceeds to trial it is essential to have a solicitor to cross examine the witnesses in your case.

Criminal defence is currently funded by legal aid. There is a two-part test which needs to be passed to be granted legal aid. Firstly, your case must meet the interests of justice test. Therefore, it must be in the interest of justice for you to be represented by a solicitor. The second part of the test is based on whether you are financially eligible. On average most people who receive benefits will pass the means test.

We seek to provide a high quality service to all our clients and to give excellent value for money.

If at any time you experience difficulty with the service you receive from the firm or wish to comment on any aspect of our service then please contact Mr Richard Whitehead on 0151 255 1790 or richardwhitehead@kwpsolicitors.com, who will make every effort to resolve the problem through our internal Client Care Procedure.

If you remain dissatisfied then you may request a copy of our complaints procedure and we are required to send a copy to you. If for any reason we are unable to resolve the problem between us then you may ask the Legal Ombudsman to consider your complaint.

The Legal Ombudsman may be contacted at Box 6806, Wolverhampton WV1 9WJ.

Please be aware that any complaint to the Legal Ombudsman must usually be made within 12 months of your having received a final written response from us about your complaint or within a year of the act or omission about which you are complaining occurring (or you becoming aware of it).