Once at the Police Station, you will be interviewed under caution. This is a very important stage, and where you are asked formally to explain certain things. It will be recorded and will remain as evidence, should the matter proceed. Once mentioned in the interview, it cannot be erased, and will usually be referred to in Court.
The wording of the Caution is as follows:-
"You do not have to say anything. But it may harm your defence, if you do not mention when questioned, something which you later rely on in Court. Anything you do say, may be given in evidence"
Prior to this however, you would be taken to a Custody Sergeant, who will book you in. The circumstances giving rise to the arrest, and the offence for which you have been arrested, will be outlined by the officer who arrested you. During this process, you will be given your rights, one of which is your right to legal advice, and to have a Solicitor present.
Important InformationAt that stage, we strongly advise you to exercise that right, and ask the officer to contact MJP Solicitors. We provide advice, assistance and representation free of charge, and irrespective of your means. Further, we are available 24 hours a day, 7 days a week. We can attend at any stage during the day or night.
You will then be placed in a cell, or a holding-room, until the Police feel ready to interview you.
Indecent Images Interview
Once we arrive (which should be no more than 45 minutes later), you will be provided with high quality legal advice. The Police will give our representative "disclosure", which is an outline or summary of the allegation. Importantly, it should explain the grounds for the arrest, and will give some idea as to the nature of the evidence. We can then discuss this evidence with you privately before the interview process starts.
This will allow you to be fully prepared and aware of the issues likely to be raised, before the tape is switched on. It also gives ourselves the opportunity to discuss with you any legal or tactical issues that you should be aware of.
If you choose or agree to be interviewed without a Solicitor, you will not receive this disclosure beforehand, and you will not be aware of the evidence prior to the interview commencing. Importantly, you may not be aware of the legal or procedural issues either.
We will then remain with you, and be present during any interviews, available therefore to assess the appropriateness and level of the officer's questions.
If charged, we would make representations to the Custody Sergeant in respect of bail, with or without conditions. On rare occasions, the Police may feel a remand into custody would be necessary. Should this situation ever arise, forceful representations would be made, on your behalf, as to how inappropriate and unnecessary this would be.