Criminal Defence Solicitors London

If you’ve been Released Under Investigation, this means that the police or other investigators are still continuing their enquiries and the investigation is ongoing. The authorities may be taking further witness statements, obtaining CCTV, having items forensically analysed or obtaining banking and other personal data.Having been Released Under Investigation and/or bailed by the police, the police have a number of options:

• The police could decide to take no further action
• The police might caution you
• They might charge you meaning that you would be required to go to court
• If you’re required to attend court you should instruct a lawyer to represent you who can give you expert advice, both as to the offence you face, and how the court procedure works

Initially, you can be released for a maximum of 28 days, but this can be extended by up to 3 months (including those initial 28 days) by a senior officer if the criteria is made out. Further extensions can only be granted by a magistrates’ court up to 12 months if the necessary criteria is made out.

Yes, we’re very experienced in this area in relation to both young people and those with mental or developmental conditions. We’re very knowledgeable about such conditions and have quick access to psychiatrists, psychologists and intermediaries who can assess you and produce reports for the court to help you in your case. We can make applications to the court for you to be assisted by an intermediary to sit with you and support you in order to help you understand what is happening in your case, and to help you give your account of what happened.

One of our senior solicitors specialises in this area and is particularly knowledgeable about Autism. We also have a specialist Youth Team which is highly regarded in the field of youth justice. We know that even when a child/young person has been charged with a very grown up criminal offence, they are still exceptionally vulnerable in the court process because of their age. The best interests of the child/young person is a central principle of the youth justice system and it’s at the heart of our approach to fighting for our young clients.

Early legal advice is vital. A Restraint Order can be obtained before you’re charged with a criminal offence. The Restraint Order will prevent you from dealing with assets which are specified in the Order and you’ll be required to serve a statement setting out your income and assets. 

We can advise you on the legality of the Restraint Order, drafting the statement of assets, as well as applying to the Court for variation or discharge of the Order. A Restraint Order can have potentially devastating effects on you or your business. 

We’ll act swiftly so that any necessary applications are made to ensure that your life isn’t interrupted, allowing you to cover your living expenses and/or continue to trade.

The Proceeds of Crime Act 2002 gives a Police Officer or Revenue and Customs Officer the power to seize cash, and then apply for its forfeiture. It can only be seized if it’s £1,000 or more and the officer has reasonable grounds for suspecting that the cash has been obtained through unlawful criminal conduct or is intended for use in unlawful conduct. 

Once the cash has been seized, the prosecution can only retain the cash for 48 hours before they need to apply to the Magistrates’ court for the continued detention of the cash. The Court can only grant a period of detention for a period of 6 months at any one time, up to a maximum of 2 years. You can apply, at any time, for the return of the cash. In order for the cash to be forfeited, the prosecution will have to show on the balance of probabilities that that cash was obtained through unlawful conduct or is intended to be used in unlawful conduct. 

By contacting our financial crime specialists as soon as possible, we can help to establish whether the cash has been seized legally, and secure its return as soon as possible.