Police Investigations – by Miles Herman

In respect of a number of investigations the firm has undertaken within the last year it has become apparent that the cuts in the Criminal Justice System are starting to bite deep with regards to both the police and the Crown Prosecution Service.

This is particularly so in often lengthy and complex investigations which require forensic analysis of all available evidence and significant time spent in chasing up lines of enquiry and obtaining of evidence which may be relevant to the investigation.

With less police on hand to deal with these issues suspects are finding that they are being re-bailed on a regular basis and investigations are taking, to my experience at least, double the amount of time than they were say two or three years ago.

The fact investigations are taking longer does not mean that a defence lawyer should sit idly back and allow the police more time than they should ordinarily need to do their job. I have recently represented two professionals and have been proactive in making representations to the police and/or prosecuting authorities as to not only the state of the evidence but also as to their obligations in ensuring that justice should be dealt with both expeditiously and diligently.

Such an approach early on in an investigation can reap significant benefits from a suspect under investigation. It is important to place the police under pressure right from the start. This can be done by seeking the return of property, liaising with police over any pre-charge bail conditions that may have been imposed and by questioning the nature of the investigation and the evidence that has been obtained. None of the above interferes with the way the case is being conducted by police, but it makes it clear that on behalf of a suspect everything that reasonably can be done is being done before a decision is made whether to charge a suspect or not.

In certain cases the right approach may be to make representations as to alternatives to prosecution in addition to comment on the length of time an investigation is taking.

Therefore, if you are the subject of a police investigation and seek proactive advice by expert defence solicitors dealing with police station matters on a daily basis then please do not hesitate to contact us.

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