The Jersey police should not question you until you’ve had a chance to speak with a lawyer. However the police can make you wait for legal advice if the case is a serious one, but only if a senior officer agrees.
In interview, the officer must inform you of the grounds as to why you were arrested (i.e. they reasonably suspected you were in the act of committing a crime) as soon as practicable and in any case before you are questioned about any offence.
The police can then interview you and this will be recorded. At the start of the interview, the police must read out the following police caution:
“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.”
Police interviews are an essential part of an investigation into an alleged offence and the decision whether to charge a suspect is often reliant on this interview.
You need an experienced criminal defence lawyer on your side, right from the outset, to defend your rights and obtain the best result for you. Whether or not you should exercise your right to silence is something that you think about carefully, with the benefit of legal advice. Each case is individual and fact dependent and the aim should be to arrive at a decision which is best for you, in the particular circumstances of your case.
If you are arrested, don’t qualify for legal aid and you wish to discuss your rights, please give us a call on 630530.
For further information please do not hesitate to call 630530 or email us on firstname.lastname@example.org
How Parslows Jersey criminal defence lawyers can help
If you are charged with an offence and find you are not eligible for Jersey legal aid contact Advocate Lorraine McClure on 630530. It is important to seek professional legal advice at the earliest opportunity to ensure that you are fully prepared before attending police interview and/or answering any police questions. Our team of expert criminal defence Advocates are on hand to assist