Being nicked - your rights

[Paddy]

Fair enough if you get a refund when found innocent / not charged etc. I'd be very cross if I was arrested for something I hadn't done then had to fork out for a lawyer.

It is already the case that if you are charged with an offence, your Legal Aid will be assessed. If you are self employed you are unlikely to get Legal Aid and will have to pay for your defence upfront. If you are found not guilty, it does not mean that you will be awarded costs.

There are a number of people who are innocent and plead guilty in order to stop the bother of a trial. I have also known people to spend years trying to clear themselves through false testimony from the police. Even when it is proved beyond doubt that the police have lied they still get off scot free.

[TimberWolf]

It is already the case that if you are charged with an offence, your Legal Aid will be assessed. If you are self employed you are unlikely to get Legal Aid and will have to pay for your defence upfront. If you are found not guilty, it does not mean that you will be awarded costs.

There are a number of people who are innocent and plead guilty in order to stop the bother of a trial. I have also known people to spend years trying to clear themselves through false testimony from the police. Even when it is proved beyond doubt that the police have lied they still get off scot free.

What if you don't want to pay for a defence and they still charge you and you don't want to admit to being guilty either. Do you have to act as the defence in the court too? Or are you just found guilty on the spot?

[AlfredJPruffock]

Presumably best to say nothing except "I'm innocent" every now and then, then?

Yes - in between Pistol Whippings Im sure that is allowed.

PS as long as nobody else is watching

[AlfredJPruffock]

What if you don't want to pay for a defence and they still charge you and you don't want to admit to being guilty either. Do you have to act as the defence in the court too? Or are you just found guilty on the spot?

I know its tough justice but think of the money it will save the Government .

[TimberWolf]

Yes - in between Pistol Whippings Im sure that is allowed.

PS as long as nobody else is watching

You've been watching too much American TV. In the UK they employ very poor sarcasm.

[cojak]

Getting another POV is also useful.

Your rights on arrest - legal help and useful information

And never accept a caution if you've done nothing; you're admitting you've done something wrong if you do.

[SueEllen]

You've been watching too much American TV. In the UK they employ very poor sarcasm.

Depends on how you are arrested.

You did see that film of a kid on a bike getting a kicking from a policeman during the looting?

Well some people have been put into the back of police vans on their own and have mysteriously got injuries.

[SueEllen]

Getting another POV is also useful.

Your rights on arrest - legal help and useful information

And never accept a caution if you've done nothing; you're admitting you've done something wrong if you do.

WCS

The CPS don't tend to like prosecuting people unless there are a couple of witnesses, you are caught in the act by the police (it does occasionally happen), you admit it or they get orders from above.

[AtW]

Presumably best to say nothing except "I'm innocent" every now and then, then?

Nope, best not say even that because if you would be proven guilty they can also do you for attempting to pervert the course of justice claiming you are innoncent and that's up to life in prison...

[TimberWolf]

Depends on how you are arrested.

You did see that film of a kid on a bike getting a kicking from a policeman during the looting?

Well some people have been put into the back of police vans on their own and have mysteriously got injuries.

I believe we were referring to being questioned at the cop shop where pistol whipping is rare. Getting arrested and arriving intact at the cop shop unbruised is a another matter, though still mostly devoid of pistol whippings.