If the police receive a complaint, from an individual, an individual’s parents, Social Services, carers or anyone else, they will take it seriously.
They will take an initial statement from the complainant and then it is highly likely that they will wish to speak to you.
Dependent upon the severity of the allegation they may seek to arrest you which would mean that they will contact you during the day and arrest you, no matter where you may be. You will be taken to a police station, you will be offered free legal advice under the Legal Aid Scheme known as the “Duty Scheme” (please note we do not offer legal aid or the duty scheme).
In the alternative you will be invited to the police station where you can either be arrested or treated as a voluntarily attender.
If you are a voluntarily attender you will not be arrested.
If the police contact you and say that they wish to arrest you upon attendance at a police station or they wish you to attend as a volunteer, you should contact Stuart Sutton on telephone number 07798 753 720 or alternatively contact Sarah Hammond on telephone number 07592 157 957.
It is a matter for you as to whether you attend voluntarily but if you do not then it is likely that you will be arrested.
Being arrested comes with complications such as the police will take your fingerprints, a DNA swab, your photograph and so on.
Your legal rights extend to the opportunity to have free legal advice for the purpose of the interview. You can have a solicitor or your own choosing there (perhaps us).
If you have an opportunity to speak to a solicitor before you attend the police station, it is always worth your while doing so.
If the police ask you to attend voluntarily and give you an option as to dates, should you contact us, we will seek to obtain some disclosure from the police which is a brief written outline as to the complaint that has been made against you.
We will then have a zoom or telephone conversation with you, to take your instructions and get your version of events as to what has gone on so that we know what you are to say when you are interviewed by the police.
We will give you advice at that stage and during the interview.
The pre-interview instruction taking stage is important because we need to know what the complaint is and what you have to say about it. On the assumption that you deny the offence, we need to know what your “defence” may be and assist you to get that defence across to the police, when interviewed.
In some cases it is not always best to comment. For example if you are accused of “making” or possessing indecent images of children or similarly sexual online communications with a minor, it may be best that you say “no comment” and let the police carry out their forensic enquiries, to see what they can find before you answer questions at a later stage (on the assumption that the police find something).
Each case has it owns nuances that must be considered on a case by case basis. If you are contacted by the police in relation to an arrest of a voluntary interview, please get in touch with us.
Frequently Asked Questions
1. What should I do if the police contact me about an allegation?
Seek legal advice immediately before speaking to the police to understand your rights and options.
2. Can I refuse to attend a voluntary police interview?
Yes, but refusal may lead to arrest, so it is important to take legal advice first.
3. What happens if I am arrested?
You may be detained, interviewed, and have fingerprints, DNA, and photographs taken.
4. Do I have the right to legal representation during a police interview?
Yes, you are entitled to free legal advice or can choose your own solicitor.
5. Should I answer all police questions in an interview?
Not always. In some cases, a no comment interview may be advised depending on the circumstances.
Contact Sutton Defence Solicitors Today
If the police have contacted you about a sexual offence, early legal advice can make a significant difference to your case. Our experienced team will guide you through the process, protect your rights and provide clear, practical support at every stage.
Call Stuart Sutton on 07798 753 720 or Sarah Hammond on 07592 157 957, or get in touch via our online contact form to arrange urgent advice.
