Prevention is better than cure…”An ounce of prevention is worth a pound of cure. It’s more prudent to head off a disaster beforehand than to deal with it after it occurs.” The proverb has been traced back to ‘De Legibus’ (c.1240) but is readily applicable to all criminal investigations today.
It is a statement of fact that the police are under resourced. As a result, if you are being investigated for an offence, you cannot guarantee that the evidence presented to you has been obtained lawfully, or is credible.
If you have been asked to attend an interview under caution as a volunteer, be under no illusion this is not a cosy chat. You are not assisting the police with their enquiries; they are investigating you. If that were not the case there would be no need for the police to caution you. What you say at any interview under caution will profoundly affect the course of the investigation against you. Remember the questions put to you by the police are not evidence, the answers you give are.
The purpose of proactive pre-charge representation is to make sure everything possible is done to avoid you being charged with the offence. You will be advised to treat the investigation as if it were a trial. Your defence will be fully prepared during the investigation, so that when your file goes to the CPS for a charging decision ALL of the evidence is available, not just that from the police. If there are witnesses to support you their statements will be presented. If our experts have challenged the findings of the police, our reports will be submitted on your behalf. Under the Code for Crown Prosecutors the CPS MUST consider your evidence.
There is always a risk once you are in the arena of the Court. No one is privy to the decision-making process of a jury. Penman Sedgwick are recognised experts in the increasingly important discipline of pre-charge representation. You will feel confident that the investigation against you is not a one sided affair and that everything is being done to avoid you going to Court.
If you need any advice please contact us, and we will respond as soon as possible, or call us on 01923 225212.