By contacting Ervaid Law the moment you become aware of a police investigation, we will aim to resolve the matter in your best interest. It is not always necessary for the police to arrest and we will liaise with the police on your behalf to avoid an unnecessary arrest.
The police interview is often the most significant part of a criminal case, where tactical decisions are made that could impact the outcome of future court proceedings. We will ensure that you receive the best advice at this critical juncture.
You are innocent until proven guilty
The presumption of innocence is an international human right under the UN's Universal Declaration of Human Rights.
An investigation should establish significant facts, preserve material or determine whether further action will be taken.
A criminal investigation is a detailed and careful examination of evidence and any material that is relevant in order to determine whether to prosecute, or whether a person charged with an offence is guilty of an offence.
It is the duty of the police to investigate fairly and thoroughly and collect all the evidence, whether they are for or against the suspect.
Most law enforcement in the U.K. is carried out by the police, for example the National Crime Agency (NCA), the South East Regional Organised Crime Unit (SEROCU), and the Metropolitan Police’s Specialist Crime & Operations (SCO). These bodies conduct extensive criminal investigations and are armed with premier technology to, for example, carry out covert surveillance; and to intercept, decrypt and read encrypted messages.
There must be reasonable grounds and it must be necessary to arrest
A criminal investigation includes the power to arrest a person to detain and formally question them about a suspected criminal offence.
Whether an arrest is in private or the coverage of an arrest is made public, the entire process and what could follow can have a severe detrimental effect on your health, both mentally and physically. You might feel as though everything you have worked hard for is being torn apart. You may feel as though there has been a very serious invasion of your privacy.
Section 24 Police and Criminal Evidence Act 1984 (link to it) states that a police officer may arrest without a warrant:
- Anyone who is about to commit an offence;
- Anyone who is in the act of committing an offence;
- Anyone whom he has reasonable grounds for suspecting to be about to commit an offence;
- Anyone whom he has reasonable grounds for suspecting to be committing an offence.
For the police to arrest they must have reasonable grounds for believing that it is necessary to arrest the person in question.
It is important that police officers only arrest when it is necessary to do so as there are a number of consequences that could follow an arrest such as restrictions on travel, unnecessary bail conditions, your fingerprint and DNA samples being taken and remaining on a national database.
To Bail or Not to Bail? That is the Question:
Waiting for a decision carries the same level of stress whether a person is on bail or has been released under investigation.
The police can bail you for up to 28 days but can secure an extension beyond the initial 28 day bail period where it is appropriate and necessary, for example in complex cases. An extension of up to 3 months can be authorised by a senior police officer at superintendent level or above. In exceptional circumstances, where the police need to keep an individual on bail for longer, they will have to apply to a court for further bail
Where it is not necessary and proportionate, there will be a presumption that you will be released without bail.
Release under investigation (RUI) is used by the police instead of bail. Unlike bail it has no time limits or conditions. This can leave the you in limbo with no updates on your case for an unlimited time.
Ervaid Law will liaise with the police officer in charge (OiC) of your case and provide you with updates.
We can represent you if you receive a postal requisition or charge for prosecution.