Robust representation when you need it most

You should always ask for a solicitor upon arrest. You will be generally entitled to free and independent legal advice from Smith Partnership, your solicitors of choice. Sometimes, suspects are led to believe that free advice is only available from the ‘duty solicitor’ - this is not the case and the same free service is available from your own lawyer.

We will be able to obtain details of the allegation from the police and advise you in private prior to any interview taking place. Never agree to be interviewed in our absence to ‘get it over with’ or ‘because you have nothing to hide’ as the extent of the allegation will not always be transparent. We will be present to ensure that the questioning is conducted properly. Our assistance can often accelerate your release. We provide 24-hour personal cover, 365 days a year.

You should make immediate contact with our nearest crime department. Voluntary interviews take place by arrangement with the police and commonly result in suspects being interviewed without a solicitor. Such interviews are almost always conducted under caution, by the police, at a police station in which case we will be able to offer you free legal advice. The fact that the police have chosen not to arrest you does not mean that the allegation or outcome will be any less significant. There is no such thing as a ‘quick, off-the-record chat’ and voluntary interviews often generate prosecutions.

In laymen's terms, a caution is a warning which, if issued, avoids a suspect being prosecuted through the courts which would potentially result in a criminal conviction. A caution is generally issued for minor crimes which must be admitted. If not accepted by the suspect, it is likely to result in a formal charge.

The Crown Court generally deals with those cases which are deemed too serious or complex to remain in the Magistrates Court. It also deals with cases where the defendant elects to be tried there, rather than at the Magistrates Court, or wishes to appeal against a Magistrates Court’s original decision.

Where a not guilty plea has been entered, a Crown Court trial is heard by a judge and jury.

The members of the jury are drawn from the general public. The defendant will be represented by a barrister or higher court advocate.

If a not guilty plea is entered and the case is allocated to the Crown Court, a trial will be necessary. Evidence is heard by a judge and jury who will consider the appropriate verdict. If the defendant is on a low income and the case is sufficiently serious, then “legal aid” is likely to be granted. This means that the defence case would be funded by the State. In Crown Court proceedings, as distinguished from those in the Magistrates Court, legal aid will commonly be granted with a requirement that the defendant pays a contribution towards his/her defence costs. Whilst this can often be substantial, a defendant is entitled to its reimbursement in the event of an acquittal. In the event of a conviction, however, court and prosecution costs are usually imposed.

If legal aid is not granted, the defendant would have to pay privately for representation. Such costs will vary tremendously and will depend on the nature of the charge, the number of witnesses and the level of preparation required. Funding by reference to an agreed hourly rate or a fixed fee would be discussed.

These funding issues also apply where defendants admit their wrongdoing by way of a guilty plea.

As the Crown Court generally deals with the most serious cases, the sentences imposed are often custodial and lengthy. This reflects the fact that the Magistrates have usually decided that their sentencing powers are too limited. Please note, however, that custodial sentences are by no means inevitable in the event of a conviction or guilty plea. The Crown Court has a range of non-custodial penalties at their disposal.

Those cases which are deemed too serious or complex to be dealt with at the Magistrates Court form the substantial majority of the Crown Court’s case load. The list includes “indictable only” offences (which can only be concluded in the Crown Court) such as murder, drugs conspiracies and serious sexual offences.