Sample Factsheets

Sample Factsheets

Sample Factsheets

Introduction

The following pages contain a sample of how Factsheet 3 and its sub-factsheets might be prepared and presented.

The information contained in these factsheets is is based on the legal systems in the UK but the legal content is not 100% accurate. It is intended simply to demonstrate

  • how the information should be presented
  • the writing style that should be used
  • the approximate level of detail that is required
  • how hyperlinks should be handled
  • how the factsheets should be formatted

It is not intended to be a substitute for the work of the UK experts, nor to be relied up as legally correct.

Contents:

  • Factsheet 3 – Introduction and general overview
  • Sub factsheet A – Investigation
  • Sub-factsheet B – Arrest
  • Sub-factsheet C – First court hearing
  • Sub-factsheet D – Before the trial
  • Sample sub-page F – The duty solicitor. Other sub-pages referred to in the text have not been completed.

Note

The following factsheets and sub pages use 2941 of a possible 3500 words for this part of the project.

The factsheets and sub pages score 66 on the Flesh Kincaid test ( must score over 45).

Text in red is an instruction to portal administrators about the creation of hyperlinks.

Factsheet 3

My rights during the investigation of a crime

Introduction

Why might a criminal investigation take place?

This might happen because the police have been notified by a victim that a crime has been committed, or because evidence has been found which suggests that a crime has been committed. It might also happen because the police catch someone who is in the process of committing a crime.

What are the various stages pre-trial?

Investigation

The police may ask a person to attend the police station to answer questions. The police may also come to a person's home or place of work to ask questions. The purpose of this stage is to find out if there is enough evidence to suggest that a person has been involved in a crime.

Arrest

If the police believe that there is enough evidence to suggest that a person has been involved in a crime then they can be arrested to allow the police to keep them for a period of time and question them officially. The purpose of this stage is to decide whether the person can be charged with a crime or not.

First court hearing

If a person is charged with a crime, they must be appear before a court to have the charges confirmed. At this hearing, the court decides whether the person can be released or whether they will be kept in prison until the trial.

Before the trial

Before the case comes to trial, the prosecution collects all the evidence against the accused person. The prosecution has to be able to prove beyond reasonable doubt that the person committed the crime.

The accused person and his or her lawyer will be told about the prosecution's case and what evidence they have. The accused person's lawyer will work with the accused to collect their own evidence to help the accused's case.

There may be a number of preliminary hearings before the trial itself takes place.

My rights during the investigation

Click on the links below to find out more about your rights during each stage of the investigation.

  • Questioning(sub-factsheet A)
  • Arrest(sub-factsheet B)
  • First court hearing(sub-factsheet C)
  • Before the trial(sub-factsheet D)

367 words

Factsheet 3

Sub-factsheet A

Investigation

Why might the police want to question me?

If the police think that you have been involved in some way with a crime, or if you might be able to help with their investigations, they can invite you to assist them with their enquiries and to answer a range of questions.

What will I be told about my rights?

The police should not question you with a view to obtaining evidence, unless they have cautioned (sub-page E) you, that is, told you about your rights. They will also give you written information about your rights.

If you have not actually been arrested, (factsheet B) but have only been asked to answer questions, then you must be told that you are free to leave the police station whenever you want.

What happens if I don't speak the language?

If you don't understand the language, then the police must get an interpreter for you. The interpreter will be free of charge. The interpreter should translate the police's questions and your replies.

Can I have a lawyer?

Whether you have been arrested or not, you have the right to see a lawyer if you want to, and you do not have to answer any questions until your lawyer is present. If you need an interpreter, he or she will also translate your conversation with your lawyer for you.

If you know the name of a lawyer, you can ask the police to contact him or her for you. If you don't know a lawyer, then the police will contact the duty solicitor(sub-page F) for you. The duty solicitor is available 24 hours per day. For more information, see Getting Legal Advice (Factsheet 2)

Do I have to answer the police's questions?

You have the right to remain silent. Anything that you do say can be recorded and used during the trial. However, if you want to answer the questions, it maybe in your interests to do so.

Can I be searched or asked to provide samples or fingerprints?

If you are being questioned as part of the investigation and have not been charged, you do not have to provide blood or other samples, and the police cannot take your fingerprints.

More information

Police and Criminal Evidence Act 1984

Citizen's Advice Bureau Guide to Police Powers

Guide to Criminal Defence Services

385 words

Factsheet 3

Sub-factsheet B

Arrest

Why might an arrest happen?

An arrest could happen because a person is in the process of or about to commit a crime, or because the police suspect that a person is involved in some way in a crime which has already been committed. A warrant from the court is needed unless the person is in the process of or about to commit a crime.

The police can also carry out an arrest to protect someone from harming themselves, or to protect others, or if they believe that a person has given a false name or address. They may also arrest someone to prevent them from leaving the scene of a crime or the country.

The purpose of an arrest is to establish whether there is enough evidence to charge a person with a crime.

What will I be told about my arrest?

The police must inform you immediately that you are under arrest and can only use reasonable force to detain you. The police must also explain why they have arrested you and must caution (sub-page E) you. If you have not been arrested at a police station, you must be taken to one as soon as possible.

I don't speak the local language. Can I have an interpreter?

If you don't understand the local language, the police must provide you with an interpreter and must not interview you until the interpreter is present.

Can I see a lawyer?

Everyone who is arrested has the right to have free legal advice from the duty solicitor, regardless of their income. The police will contact the duty solicitor on your behalf. Alternatively, you can contact your own lawyer if you have one. If the offence is not very serious, then you can get advice over the telephone from the Defence Solicitor Call Centre.

You have the right to see a lawyer in private. If you need an interpreter, he or she should be present when you speak to your lawyer as well as when you speak to the police.

Do I have to answer questions from the police?

You have the right to remain silent and you do not have to answer the questions that the police put to you. However your silence can be taken into account by the court during the trial in determining whether you are guilty or innocent.

What happens if I say something which is bad for my case?

You have a basic right not to incriminateyourself. That means that you are not required to give the police information which would prove that you are guilty.

However, if you fail to mention something that you later rely on, or you fail to explain why you were in a particular place at a particular time, or why you had certain objects in your possession, that information can be used against you in court.

Can I contact a friend or family member?

You have the right to tell a friend or family member where you are. The police will allow you to make a phone call for this purpose. If you are under 17, an 'appropriate adult' must be present while you are being questioned.

I am from another Member State. Can I contact my Embassy?

If you are from another country, you have the right to contact your Embassy for assistance. In some cases, this is automatic. A representative from the Embassy will come to the police station or contact you to see if you need help.

Will my fingerprints be taken? Can my DNA be recorded?

The police have the right to take your fingerprints and DNA samples which are held on a central database .

Can there be a body search?

After you have been arrested, the police can search you for anything which might use to help you to escape or for evidence of the crime. However a warrant from the court is needed if the police want to carry out an intimate body search.

How long can I be held by the police?

After you have been arrested, you can be held at the police station for up to 24 hours. After that time, the police must charge you with a crime, release you without charging you or obtain permission from the court to detain you for longer. You cannot appeal this decision.

What happens if I am arrested on a European Arrest Warrant?

If a European Arrest Warrant is issued by one Member State, you can be arrested in another Member State and sent back to the country concerned after a hearing before a judge. You are entitled to have a lawyer and an interpreter if you need one.

More information

Citizen's Advice Bureau Guide

Police and Criminal Evidence Act 1984

Criminal Justice and Public Order Act 1994

Words – 815

Factsheet 3

Sub-factsheet C

The first court hearing

Why does the first hearing take place?

The purpose of the first court hearing is to confirm the charges against you. Normally this happens after the Crown Prosecution Servicehas decided whether there is enough evidence against you.

There are two different situations

  • where you have been arrested and are in police custody
  • where you have been charged but you are not in police custody

In either case, your rights at the first court hearing are the same, but the point at which the hearing takes place may be different.

If you are in police custody, you must appear before a court as soon as possible after you have been charged to decide whether to keep you in custody until the trial or to release you on bail.(sub-page G)

If you are not in custody, you will be notified of the date when you must appear in court for the first hearing.

Do I have the right to a lawyer?

You have the right to have a lawyer when you appear in court. If you do not have your own lawyer, then the duty solicitor (sub-page F) will appear on your behalf. See Getting Legal Advice(Factsheet 2) for more information.

Will there be an interpreter if I don't speak the language?

If you don't speak the local language, then an interpreter will be provided for you. The services of the interpreter are free. Normally the charges against you will be translated for you as well as all the proceedings in court.

Do I have to speak in court?

You must confirm your name when asked to do so. You must also say whether you plead guilty or not guilty to the charges against you. Your lawyer will advise you on how to plead.

Do I have to give any other information?

Normally, you do not have to give any other information at the first hearing.

Will I be released or held in custody after the hearing?

At the hearing, the court will decide whether you should be held in prison until the full trial, or whether you can be released on bail. (sub-page G)

Normally if you do not have a criminal record, and you are not a risk to society, you will be released on bail, subject to some conditions until the trial. If the court decides that you cannot be released for some reason, then you will be taken to prison until the trial.

Can I appeal the decision to keep me in prison until the trial?

You have the right to appeal against the decision. Your lawyer will advise you how to do this and on what grounds.

Can I leave the country before the trial?

If you are not thought to present a risk of re-offending, then you can leave the country before the trial but you must come back for all court hearings. If you fail to attend any of the hearings, a warrant will be issued for your arrest and you may be held in prison until the trial.

In some cases, conditions are applied to bail (sub-page G) which would mean that you are not allowed to leave the country until the trial. You can appeal against these conditions. See here(sub-page G) for more information.

More information

Links to relevant law

560 words

Factsheet 3

Sub-factsheet D

Preparation of the case pre-trial

What happens before the trial?

In the period before the trial, the Procurator Fiscal Service collects up all the evidence in the case to ensure that the case is strong enough to justify going to court. The evidence will be shared with the defence (ie your lawyer) who will also have an opportunity to test the evidence eg. by interviewing the prosecution witnesses and examining the physical evidence.

Will the case always go to trial?

If the prosecution decides during its investigation that there is not enough evidence, or it is not in the public interest (sub-page H) to continue with the prosecution, then it can take alternative action. For example, the prosecutor might decide that it would be better to allow you to pay a fine, or to undertake treatment than to send you to court.

Do I have to accept the alternative to trial?

If the prosecution suggests that you could pay a fine or accept some other penalty rather than go to court, and you want to accept that, then you are also accepting that you committed the crime. The crime will be recorded on your criminal record and you will not be able to appeal.

Can I plead guilty before the trial?

In most cases, if you decide that you want to plead guilty to the charges during the investigation process, you can do so. You might have to go to court to do this, depending on how serious the crime is. If you decide to plead guilty, you cannot appeal against the conviction in the future and it will appear on your criminal record.

Can the charges against me change before the trial?

Is is possible for the charges to change before the trial takes place, depending on the evidence which the prosecution finds. It is also possible for the charges to be dropped before the trial, again depending on the evidence.

What kind of evidence will the prosecution collect?

The prosecution will interview witnesses in the case and may also collect physical and forensic evidence. For example, the prosecution might collect documents from your home or place of work, they might search your car or collect samples of your DNA (eg hair, saliva etc). A warrant from the court is needed to be able to search for and take evidence except in very limited circumstances (eg where there is a risk of the evidence being destroyed.

Can I prevent the prosecution from collecting certain evidence?

You can challenge a warrant for the collection of evidence if the police do not respect the terms of the warrant. Usually warrants have to be specific about what can be searched and why. If the police search in places not specified in the warrant, then the evidence that they collect may not be allowed in the trial.

Will I find out about the evidence against me?

Your lawyer will be told about the evidence against you and will have an opportunity to interview the witnesses against you and to see the physical evidence.

What happens if I live in another Member State?

If you have been allowed to go back to your home country, then you must come back for every court hearing before the trial. You might be able to participate by video link if that is available in the court in question. For more information about video links in criminal proceedings, see here. (portal page on video links)