Avoid the chats, it could be your biggest mistake, cases are ‘won or lost’ at the police station
After over three decades representing clients in police station interviews, I have lost count of how many times I have heard: “I thought I was just having a chat” or “I wanted to clear things up quickly, I have nothing to hide, I did not do it.”
The reality is a police interview under caution is never “just a chat.”
You should always remember the purpose of the interview procedure at a police station, either invited or under arrest, is for one purpose only, to obtain and secure evidence by questioning you.
This account or evidence which you will be reminded, after caution, when you are arrested, before you arrive at the police station and again before the interview procedure starts, can be used against you, both in terms of what you say and what you fail to say at this crucial stage.
The Stakes Are Higher Than Most People Realise
When you are invited to speak to the police, you are a suspect, in an investigative process. Officers are trained interrogators working within a structured framework, designed to gather evidence. They are professionals with particular skills and part of an investigative team.
Many unassuming individuals can be forgiven for considering this to amount to an informal conversation or chat, hoping their co-operation alone will resolve, if not finalise matters.
Without proper legal representation, they fail to recognise the significance of every word they say, every answer they give and critically, every opportunity to positively assert their defence case in a manner which could avoid the case being the subject of a prosecution from the outset.
The Investigative Interview: Your One and Only Opportunity
The interview may be your only chance to put your version of events.
The next communication you may have from the police could be a summons or a notification from your solicitor you are to face prosecution with an imminent court date.
What you say and what you do not say becomes part of the permanent record which will be scrutinised by prosecutors, presented in court and potentially determine the overall outcome of your case.
It is imperative to ensure you understand:
- What you are being investigated for
- What evidence exists against you
- Which questions require answers and which may be damaging to respond to prematurely
- How to articulate your position clearly and effectively
- The legal implications of different responses and the merits of remaining silent
Experience and Judgement is the Key
Experienced defence solicitors at this crucial stage have the ability to quickly analyse complex evidential issues, law and focus on the key themes in your case.
This includes understanding investigative strategies, recognising when questions are designed to narrow your defence case, rather than obtaining information from you, appreciating when silence may protect your position or, indeed, when a prepared statement submitted by your solicitor may be in your best interests.
I have witnessed how the same set of facts or scenario can lead to completely different interpretations and outcomes, depending on the account which the suspect provided at the crucial, opening stage of the investigative process. It short, what it amounts to is preparation, strategy, detail with an experienced solicitor, who has sound professional judgement to advise you properly throughout this stage of the investigation.
It is Not Just About Avoiding Mistakes
Proper legal representation from the outset is not defensive, it should be proactive, ensuring your legal team take ‘the long view’ of how the investigation and indeed the case may unfold over time by putting forward the facts that matter and creating the strongest possible foundation for whatever comes next.
The investigative stage is not something to rush through or navigate or indeed deal with on your own.
Get it right and you may prevent charges from being brought. Get it wrong and you may be living with the consequences long after that “chat” is over. Remember, like many things, you never get a second opportunity to create a first impression.
If you, or someone you know, is facing a police interview, do not go unprepared. At McKenna Maye Legal we bring decades of experience to ensure our clients’ matters and cases are handled properly from the very beginning.
Gerard Maye
