The Importance of Early Instruction
Ideally, a solicitor should be instructed before the first police interview takes place. This allows the solicitor to obtain advance disclosure of the allegation from the police, advise on the appropriate strategy — whether to answer questions, provide a prepared statement, or exercise the right to silence — and attend the interview to protect the suspect's rights in real time. Where a police interview has already taken place, it is not too late. The period after interview, while the investigation continues, is when pre-charge engagement and representations to the CPS can be most effective.
Support During the Police Interview
A solicitor attending a police interview has the right to advise the suspect throughout the process — before questions are asked, during the interview itself, and at any point where a significant issue arises. The solicitor can consult privately with the suspect before the interview begins, intervene if questions are oppressive or irrelevant, and advise on whether particular questions should or should not be answered. Where possible, voluntary interviews should be arranged by appointment in advance rather than as a result of an arrest at the family home. After the interview, the solicitor should explain what has happened, what the suspect's bail or RUI status means, and what to expect next.
Building the Defence Case
The period after the interview is when the defence case begins to be built. A solicitor can secure CCTV footage, social media content, and messaging records while they remain available and before they are overwritten or deleted. Detailed witness statements can be taken from individuals who can support your loved one's version of events while memories are fresh. Written representations can be submitted to the police or CPS setting out the legal basis on which a prosecution should not proceed — whether because the evidence is insufficient, or because prosecution is not in the public interest.
Neurodivergent and Vulnerable Suspects
The criminal justice system can be particularly challenging for individuals with autism, ADHD, or other neurodivergent conditions. Police interviews involve sustained questioning under pressure — a format that can disadvantage those who process information differently. Where a suspect has a recognised neurodivergent condition or mental health difficulty, they are entitled to the support of an Appropriate Adult during any police interview. A solicitor can communicate those needs to the police in advance and ensure that the necessary adjustments are in place before the interview begins.
What You Can Do Right Now
If your loved one is under investigation — whether they have been arrested, attended a voluntary interview, or are waiting to hear the outcome — the most effective step is to ensure they have specialist legal representation as soon as possible. Do not encourage your loved one to contact the police, the complainant, or any witnesses independently. Do not discuss the investigation on social media. Ensure that any documents, messages, or records that might be relevant to the case are preserved and not deleted.