Having regard to the continuously reported allegations of breaches of ‘Lockdown Rules’ by officials at Downing Street and the criticism of the Metropolitan Police Force in its handling of the issue, Suki Randhawa of Kangs Solicitors comments upon the procedure available to the Police in these circumstances.

Kangs Solicitors is one of the leading criminal defence firms in the country ‘top ranked’ by both the leading directories, the Legal 500 and Chambers and Partners. 

The firm has been awarded Criminal, Fraud & Licensing Law Firm of the Year by the Legal 500 and the firm’s founding solicitor, Hamraj Kang, has won the Legal 500 award for Criminal Fraud and Licensing Solicitor of the Year.’

As part of its service to clients, the team at Kangs Solicitors provides advice, assistance and representation at Police Stations throughout the country. For an initial no obligation discussion, please call our team at any of our offices detailed below: 

The Relevant Law | Powers of Arrest | Kangs Solicitors

The Police and Criminal Evidence Act 1984 states:  

Section

‘24 Arrest without warrant: constables

   (1) A constable may arrest without a warrant—

           (a) anyone who is about to commit an offence;

           (b) anyone who is in the act of committing an offence;

           (c) anyone whom he has reasonable grounds for suspecting to be about to commit an offence;

           (d) anyone whom he has reasonable grounds for suspecting to be committing an offence.

   (2) If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.

   (3) If an offence has been committed, a constable may arrest without a warrant—

            (a) anyone who is guilty of the offence;

            (b) anyone whom he has reasonable grounds for suspecting to be guilty of it.’

However, subsection (4) provides that this power of summary arrest is exercisable only:

if the constable has reasonable grounds for believing that for any of the reasons [mentioned in subsection (5)] it is necessary to arrest the person in question’.

General Procedure | Kangs Police Station Solicitors

  • Wherever possible, in circumstances where a suspect to an alleged offence can be interviewed without arrest, a Voluntary Interview will be arranged. 
  • However, this procedure requires the cooperation of the suspect and if an invitation to attend for Voluntary Interview is not adhered to, the Police may arrest the suspect.  
  • Whether a suspect is interviewed voluntarily or following arrest, the Police will administer, prior to the interview, the usual required caution which confirms that the suspect has the right not to say anything but an adverse inference can be drawn from such silence or if any account provided  varies at any later stage in subsequent court proceedings. 
  • In situations where the Police find that sufficient evidence exists to pursue a prosecution, the option exists simply to issue a Fixed Penalty Notice particularly where a court may ultimately deal with any conviction by imposing a fine itself.

How Can We Help? | Kangs National Criminal Defence Solicitors

If you anticipate being arrested, or have already been so, our expert criminal defence team is here to assist you and is available 24/7 on telephone number 07989 521 210.

We welcome enquiries by telephone or email and provide an initial no obligation consultation at our offices in London, Birmingham or Manchester. 

Alternatively, we provide initial consultation by telephone or video conferencing.

Contact:

Please do not hesitate to contact our team through any of the following, who will be pleased to assist:

Suki Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 0161 817 5020

Amandeep Murria
amurria@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396