Blog: Criminal Law
- Details
- Written by: Moeen Khan
Whether you should say "no comment" in a police interview depends on the circumstances of your case. You have the right to remain silent, but saying "no comment" can have legal consequences, so seek legal advice before deciding how to respond.
- Details
- Written by: Moeen Khan
Police have powers to search you and your belongings if they have reasonable grounds to suspect you carry drugs, a weapon, stolen property or criminal tools.
The rules depend on whether you are stopped in public, arrested, detained at a police station or searched under specific legislation.
- Details
- Written by: Moeen Khan
If you believe the police have treated you unfairly, unlawfully or improperly, you may be able to make a formal complaint about the police. This can include complaints about excessive force, unlawful arrest or detention, discriminatory treatment, inappropriate behaviour, failure to follow proper procedures or the way the police handled your case.
You can complain about police treatment by contacting the police force involved or through the Independent Office for Police Conduct (IOPC). You can make a complaint online, by calling 101, in person at a police station, or in writing to the relevant police force's Professional Standards Department.
- Details
- Written by: Moeen Khan
Yes. If you are arrested and taken into police custody in England and Wales, the police can take your fingerprints, photograph and certain DNA samples without your consent in circumstances permitted by law. These powers are mainly governed by the Police and Criminal Evidence Act 1984 (PACE) and PACE Code D.
- Details
- Written by: Moeen Khan
A police interview is a formal process in which investigating officers ask you questions about an alleged crime or incident and give you the chance to respond. It is usually conducted under caution, either at a police station or during a "voluntary" attendance.
- Details
- Written by: Moeen Khan
Yes. If arrested in England and Wales, you have the right to ask for a solicitor at the police station for independent legal advice and representation. You can ask for a solicitor of your choice or request the duty solicitor, who is available 24 hours a day.
In most circumstances, once you have requested legal advice, the police cannot question you until you have had the opportunity to speak to a solicitor, subject to limited exceptions.
- Details
- Written by: Moeen Khan
Children and vulnerable adults have extra protections after arrest, including an appropriate adult, legal advice and safeguards during police questioning.
The police must take particular care when dealing with a child or someone who may be vulnerable. The purpose of these safeguards is to help protect their rights, welfare and ability to understand what is happening. Under PACE Code C, anyone who appears to be under 18 should be treated as a juvenile unless there is clear evidence that they are older. A person may also be treated as vulnerable depending on their individual circumstances.
- Details
- Written by: Moeen Khan
When you're arrested, a police officer will tell you that you're under arrest and explain the grounds for the arrest. You'll then usually be taken to a police station, where your details are recorded and your rights explained.
Being arrested does not mean that you are guilty of an offence. The police may arrest you as part of an investigation, and you may later be released without charge, released on bail, released under investigation or charged with an offence.
- Details
- Written by: Moeen Khan
Police can hold you for 24 hours without charge, extendable to 36 or 96 hours for serious crimes. Terrorism cases can allow up to 14 days.
The exact time you can be held depends on the offence, the circumstances of the investigation and whether the legal requirements for extending detention have been met.
- Details
- Written by: Moeen Khan
Whether you have been arrested in London or elsewhere in England and Wales, you have important legal rights while you are in police custody.
If arrested, you have the right to know why you were arrested, remain silent, ask for a solicitor, get free legal advice, contact family and receive medical care. You also have the right to be treated fairly while in police custody.
- Details
- Written by: Moeen Khan
The 'third-strike' Class A drugs rule means a third qualifying drug trafficking conviction usually carries a minimum 7-year prison sentence, unless unjust.
A third drug dealing conviction can have serious consequences for your freedom, criminal record and future. Our experienced drug offence solicitors in London provide urgent legal advice, sentencing guidance and strong defence representation for serious drug trafficking allegations.
- Details
- Written by: Moeen Khan
Criminal offences in the UK are divided into three categories: summary offences, either-way offences, and indictable-only offences. These categories determine which court hears the case and the penalties that may apply.
At Moeen & Co. Solicitors, our experienced Criminal Defence Solicitors in London provide strategic legal advice and robust representation at every stage of the criminal justice process, from police station interviews and bail applications to Magistrates' Court, Crown Court, and appeals.
- Details
- Written by: Moeen Khan
If someone has made false allegations against you, you should immediately call Moeen & Co. Solicitors on 0203 959 7755 for urgent legal advice. Avoid contacting the accuser, preserve all messages and evidence, and do not speak to the police or give a statement without a solicitor present.
False accusations can escalate rapidly into police investigations, interviews under caution, or even court proceedings, so early legal intervention can make a decisive difference to the outcome.
- Details
- Written by: Moeen Khan
If you are under investigation, have been arrested, or are facing criminal charges, you need urgent legal advice. A criminal defence solicitor represents individuals accused of a crime, advises at police interviews, builds defence strategies, and represents clients in court.
- Details
- Written by: Moeen Khan
Choosing whether to plead guilty or not guilty is one of the most important decisions in any criminal case. If you plead not guilty and are found guilty at trial, you will be convicted, sentenced, and usually lose the sentence reduction for an early guilty plea.
- Details
- Written by: Moeen Khan
If you are due to appear at the Crown Court, pleading guilty is a major legal decision that results in an immediate conviction and sentencing process. It can significantly affect your liberty, criminal record, and future.
Pleading guilty at the Crown Court means you formally admit the charges, avoid trial, receive an immediate conviction, and may get a reduced sentence.
- Details
- Written by: Moeen Khan
If you plead guilty in Magistrates' Court, you admit the offence, there is no trial, and the court proceeds to sentencing with a possible sentence reduction.
The court will consider sentencing guidelines, your personal circumstances, and whether you qualify for a sentence reduction (up to one-third for an early guilty plea). You may be sentenced immediately or adjourned for reports before sentencing. Outcomes can include fines, community orders, suspended sentences, or custody.
- Details
- Written by: Moeen Khan
1. Introduction: What Does “Withdrawing a Statement” Mean?
When someone provides a statement to the police—often a victim, eyewitness, or other crucial witness—they formally give an account of events in writing or via recorded interview. This statement becomes a critical piece of evidence in a criminal investigation. “Withdrawing a statement” means that the individual later informs the police, Crown Prosecution Service (CPS), or relevant authorities that they no longer stand by or wish to proceed with that statement. The phrase “I want to withdraw my statement” is commonly heard in domestic violence contexts, although it applies to various criminal allegations.
However, withdrawing a statement does not necessarily erase its existence from the case files. The police or CPS may still rely on the initial statement if they believe it’s credible or in the public interest to proceed. This is a frequent source of confusion: many people believe retracting or recanting automatically ends the prosecution. In reality, the effect of withdrawal is more nuanced.
- Details
- Written by: Moeen Khan
When you find yourself involved in a criminal investigation, the terms "Released Under Investigation" (RUI) and "Police Bail" can be confusing and intimidating. Both processes involve being released by the police before a formal decision is made regarding charges. However, they carry different legal implications, and understanding these differences is crucial for anyone facing a criminal inquiry.
In this article, we'll break down the concepts of Released Under Investigation (RUI) and Police Bail, explore their legal ramifications, and guide you on what steps you should take next. This will ensure you are better equipped to handle your situation and understand your rights and obligations.
- Details
- Written by: Moeen Khan
Being invited to a voluntary police interview can be a nerve-wracking experience, even if you’ve done nothing wrong. A voluntary interview, unlike a formal interview conducted under arrest, means you’re not legally obligated to attend. However, the consequences of not showing up can vary depending on the situation, the nature of the investigation, and how the police interpret your decision.
In this detailed guide, we’ll explore what happens if you don’t attend a voluntary police interview in the UK, the issues you may face, and how Moeen & Co. Solicitors can help you navigate these circumstances.
Legal Disclaimer
The information provided is for general informational purposes only and should not be taken as legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Moeen & Co. Solicitors before making any decisions based on the information provided on this website.