Police Station Accredited Representative or Defence Solicitor

[N4meCh4nge87]

I’ve NC for obvious reasons.

A family member was arrested last year and is on police bail whilst they conduct investigations. They have been interviewed twice in the presence of a police station accredited representative (PSAR), who my relative initially thought was the duty solicitor.

The PSAR has given advice which seems to be very sensible including when to answer questions and when to state no comment. He stopped the interview at various points to take instructions from my relative. My relative understands that all private conversations have been privileged.

The PSAR gave my relative a solicitors card but when they called the firm to make an appointment they were told that the senior partner was happy for the PSAR to continue to provide the advice and to come back to them when a charging decision has been made. My relative paid the law firm for an hour’s meeting with the PSAR to discuss what happens next e.g. the strength of the evidence, bail conditions, etc. The PSAR is not a qualified solicitor.

My relative specifically asked whether they needed to retain a solicitor. They can afford to do so. However, the PSAR said this was not necessary as my relative has not yet been charged. The PSAR said that he was a former police officer and was best placed to advise on what action the police were likely to take and how to respond, at this stage.

The Officer in Charge has now informed my relative that the file is built ready for submission to CPS for a charging decision but there are some further forensics outstanding so bail is likely to be extended for a few months.

We’re concerned that the PSAR seems very passive and reactive. I now understand that a defence solicitor may be better placed to protect my relative’s interests by undertaking “pre-charge engagement” with the police. I don’t really understand what this means but assume it means gathering our own evidence or challenging the police on the evidence they have obtained.

Any criminal defence lawyers out there who could help clarify? My instinct is to tell my relatives to engage a defence firm ASAP. I feel that the PSAR has rather misrepresented himself as being the best man for the job but they trusted him.

Pre-charge engagement is just an opportunity for the defendant to put forward any lines of enquiry that they feel would assist their defence, for the police to investigate. Your relative can do this themselves by directly contacting the officer in the case and giving them the information.

Do they have any lines of enquiry that they wish the police to be aware and follow up on?

Not lines of enquiry to be investigated as such but they’d like the opportunity for a further interview or to give a written statement before the case is presented to CPS. They think that there were things not fully addressed in previous interviews which they’d like to clarify.

It may be better to wait to see the evidence against them before saying anything further and potentially incriminating themselves.

I’m certain they need advice on what to do next. I’m just unsure where they should obtain that advice…

I preface this by saying I am not legally qualified but I know someone going through similar.

At the moment the Police do not think your relative has legal representation or they would liaise via them and not direct. That puts your relative in a vulnerable position and if they have no commented in interviews then do the Police even know your relatives side of the story?. Remember the Police are not your friend however amiable they may be. Their job is to take criminals they believe have committed a crime to the CPS who will then decide whether or not to take to court.

Your relative absolutely needs to engage a solicitor to undertake pre-charge representation on their behalf. As well as representing them with the police investigation they will produce a report for the CPS to consider alongside the Police report. The point is to PREVENT a charge being made by the CPS as a charge leads to a court case and if found guilty your relative might face prison.

Your relative will only ever be able to see the Police evidence against them if they are charged by the way. They won’t know what they send to the CPS.

in practical terms, google solicitors in the area of the police station offering pre-charge representation, phone at least 3 and talk to them about the case and how they can help. This will be free and is them “selling” you their service. You can then judge which of them you would like to work with. Expect to pay upwards of £6k to engage a solicitor to undertake the work.

I wish you and your relative all the best. This is a terrible situation to be in.

Thank you @incessentnamechanger, that’s really helpful. We’d definitely want to do as much as possible to prevent a charge being made, rather than passively waiting to find out.

I’ll help my relatives find a local defence solicitor on Monday.