Am I entitled to be represented by my solicitor at the police station?

Yes, you are entitled to be represented by your solicitor at the police station if you are under arrest. RKN Solicitors give free of charge representation at the police station in an interview, not only do we give representation at the police station free of charge, it is available 24 hours a day, 7 days a week, call us on 07894 086038.

The police station interview is the first and upmost vital stage in the criminal justice process, therefore, we strongly advise you, your family member and/or friend, who is under arrest, or likely to be arrested by the police, not to answer any police questions and/or go into an interview without having a member of our firm present.

RKN Solicitors have your best interests at heart; therefore, we will always liaise with the police and gather all the necessary information from them before going into any interview. We will always go through that information with yourself to ensure that you fully understand why you are under arrest and what evidence the police have. Based on the police information and your instructions we will give you the best possible advice.

RKN Solicitors have a wealth of experience in dealing with the police, and this experience shows that by liaising with the police at early stages puts us in good stead to achieve the best results for you.

Will I get Legal Aid? If not how much will my case cost?

At RKN Solicitors we take pride in offering all our clients the first consultation free of charge. To make an appointment to discuss your case please contact us on 01274 945351 (office hours) or 07894 086038 (24 hours).

If you, your family member and/or friend are arrested and in custody at the police station, RKN Solicitors offer free of charge representation at the police station 24 hours a day – 7 days a week, contact us on 01274 945351 (office hours) or 07894 086038 (24 hours).

If you are appearing in the Magistrates Court, then you may be eligible for Legal Aid. Legal Aid is means tested, which means that those receiving benefits or who are on a low income qualify. For more information please click here.

If your case is committed or sent to the Crown Court and you are appearing in the Crown Court, then Legal Aid is available, however although you will always be granted Legal Aid for Crown Court cases, you may be liable to pay a contribution towards the cost of your representation, again this is means tested. For more information please click here.

If for whatever reason you are not eligible for Legal Aid, we offer very competitive and reasonable rates based on the complexity and length of your case. To make an appointment and discuss your case further, contact us on 01274 945351 (office hours) or 07894 086038 (24 hours).

Will my case be heard at the Magistrates Court or the Crown Court?

It can be safely said that the birth of all criminal cases in England and Wales takes place in the Magistrates Court. In other words it is in the Magistrates Court that a decision is made as to which court a case is to be heard. When making such an important decision there are a number of factors that have to be taken into consideration, for example, the type of offence and the seriousness of it. Essentially there are three types of offences, summary offences, triable either way offences and indictable only offences.

The following explanations relate to adult defendants, different rules apply to youths (under 18) and youths jointly charged with adults (see below under youth offenders).

Summary Offences

Summary offences are those that are dealt with in the Magistrates Court. However there are occasions, for example if you are charged with a mixture of types of offences, indictable or either way offences along with summary offences depending on the circumstances and nexus the summary offences can also be dealt with in the Crown Court.

Triable Either-Way Offences

These types of offences can be heard at either the Magistrates Court or the Crown Court. The Magistrates decide if the case is suitable to be heard at the Magistrates Court or not, they are assisted by guidelines given to them.

If the Magistrates decide that the case is either too serious, complex and/or they do not have sufficient sentencing powers, they can decline jurisdiction, which means that the case will be heard in the Crown Court. If the Magistrates decide that the case can be heard at the Magistrates Court, then you will be given a choice as to which court you want your case to be heard. In making this decision RKN Solicitors will always advise and guide you through a number of factors to be taken into consideration, if you are pleading not guilty, for example sentencing powers of both courts, strengths/weaknesses of evidence, any possible defence and the realistic prospect of success of such defences, though the ultimate decision would be yours. If you are pleading guilty or you are tried at the Magistrates Court and found guilty, the Magistrates have the power to commit the case to the Crown Court for sentence.

Indictable Only Offences

These offences can only be heard at the Crown Court, neither you nor the Magistrates have a say in the matter.

Youth Offenders

As far as the youths are concerned the general principle and the approach taken by the court is that youths should be dealt with in the Youth Courts.

There are occasions where youths are sent to the Crown Court, for example if the Youth Court thinks that the offence they are charged with is a Grave Crime. When considering Grave Crime the Youth Court has many factors to take into account, such as the seriousness of the offence, likely sentence and the youth’s previous convictions if they have any. A youth can also be sent up to the Crown Court if they are jointly charged with an adult, and the adult’s case is being sent to the Crown Court.

• What sentence will I get?

It is the role of the Magistrates and the Judges to pronounce the sentence for you. There is no single correct sentence for a particular offence becuase each offence and the defendant is judged on its own merit. When deciding what sentence to pronounce there are many factors they have to take into account, such as the seriousness of the offence, aggravating/mitigating factors, and whether the defendant has any previous convictions for similar offences or not.

The courts may adjourn your sentence for a ‘Pre-Sentence Report’ (PSR), this can be a full PSR in which case the sentence is adjourned for up to 3 weeks, or a stand down for a Fast Delivery Report (FDR), in which case you are sentenced on the same day. These reports are prepared by the Probation Services, they make certain proposals to the courts as to what is the most appropriate sentence for you, although these proposals are not binding on the courts, howeverthey play a big role in the courts decision making.

The types of sentences at the courts disposal are:- Fines, conditional/absolute discharge, community order with certain requirements such as unpaid work, Drug Rehabilitation Requirements (DRR), Referral Orders for youths, Youth Rehabilitation Orders (YRO), Detention Training Order (DTO) and custody.