Criminal Law Solicitors in Leicester

TWOC stands for Taking Without the Owner's Consent. It covers the scenario where a person takes a vehicle, without the owner's permission, for his or her own use. The offence is often referred to as ‘joy-riding’ and is less commonly charged these days, presumably because vehicle security has improved. It carries a maximum penalty of six months' imprisonment. A suspect could expect to be charged with theft of the vehicle, which has more serious sentencing consequences, if he or she intended to keep it. A passenger can also be charged if knowingly carried in a vehicle taken without consent.

No. On arrest, the police have the right to take your fingerprints and do not need your permission.

Yes. On arrest, the police have the right to take your DNA and do not need your permission. The sample may, for example, be from a hair root.

A warrant is a document issued by a legal or governmental official authorising another body, usually the police, to make an arrest, search premises or carry out some other function relating to the administration of justice.

The police have the power to enter your premises to affect an arrest and, in doing so, to search the house for evidence relating to the investigation in question. Once under arrest and detained, the police can search the house, on the authority of an officer of at least an inspector's rank, for evidence relating to the current or other offences.

A suspect can generally be held for no longer than 24 hours in police custody prior to charge. The police should ensure that all detainees are processed as quickly as possible. Where it is deemed appropriate by an officer of at least a superintendent's rank, this period can be extended to a total of 36 hours. Whilst further extensions prior to charge can be allowed up to a maximum period of 96 hours, this has to be authorised by the court.

Where the police arrest a suspect, but wish to release him or her whilst the case continues, they can release him/her on bail. This can be before charge, whilst further enquiries are made, or after charge. If charged, the police must decide whether bail to a court date is appropriate. If not, the police must place the defendant before the first available court where the magistrates must decide whether to grant bail or remand in custody. Bail can be with or without conditions. Conditions can include residing at a fixed address, keeping away from witnesses and defined locations or regularly reporting to a local police station. Breaching conditions, re-offending, interfering with witnesses or failing to answer bail can result in a remand in custody until the case concludes.