Quick Answer: Can The Police Hold You For Questioning?

What evidence do the police need to charge you?

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony.

The police arrest and interview suspects.

All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting..

How long can you be released under investigation for?

There is a presumption of release without bail unless the necessity and proportionality criteria are met; Where these criteria are met a maximum 28 day period of pre-charge bail can be granted by an Inspector; This period can be further extended to a period of three months by a Superintendent.

How do you know if your under investigation?

You may receive a subpoena or a target letter. This is evidence that you’re under criminal investigation. If no one has contacted you yet, you could ask a private investigator to check criminal databases. Investigators would have clearances that help them access records not available to the public.

What does it mean when your under investigation?

This means that you may be under investigation for a crime, but no charges have been filed against you. The police or other law enforcement agency may have already contacted you, your work, your family, or other individuals, and are asking questions. A search warrant may have already been served.

Can police deny you a lawyer?

Once you request the assistance of an attorney, the police are prohibited from questioning you later without your attorney. In other words, you have the right to have an attorney present during the first, and any subsequent, talks with the police.

Should you talk to police without a lawyer?

In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions.

Do you have to go with police for questioning?

Q: Do I have to answer questions asked by law enforcement officers? A: No. You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail.

Can you get charged without evidence?

It’s wrong for a person to be convicted for an offence without thorough reasoning, therefore solid evidence is needed before a decision is reached. … In fact, you can be charged simply with the intent to commit offences, or if there is reason to believe that you were involved in a crime.

How long does it take for the police to do an investigation?

The length of time for a police investigation will also depend on the kind of crime that is being investigated and what sort of statute of limitations governs it. The statute of limitations around federal cases, for instance, is five years, so those kinds of investigations can go on for a very long time.

Can police charge me without evidence?

What it comes down to is evidence, if you have been caught during the commission of a crime then you can be arrested on the spot, charged at the police station and interviewed under caution. If they have only a suspicion and no evidence then they can interview you voluntarily or under caution, then charge you.

What are my rights when police stop me?

Say you wish to remain silent and ask for a lawyer immediately. Don’t answer any questions or give any explanations or excuses. If you can’t pay for a lawyer, you have the right to a free one.

How long can police hold you for questioning?

The police can hold you for up to 24 hours before they have to charge you with a crime or release you. They can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, eg murder.

Can you refuse to go in for questioning?

No. Police can ask you to accompany them to a police station for questioning, but you are not required to go unless you have been arrested for an offence. You should speak to a lawyer before you speak to the police. You may arrange for a lawyer or other person to be present during questioning.

Can you go on holiday if your released under investigation?

Police bail where a suspect is released without being charged, but must return to the police station at the set time. Can I go on holiday while on bail? You will be able to go home until your court hearing. … If you have been released under investigation you are not on bail.

Do you have to talk to investigators?

You are NOT required to speak with the investigator, but there may be implications that come about from that decision depending on the facts of your case. You may ask that an attorney be present at anytime while the investigator wishes to question you.

Why you should never talk to police?

Talking to the police CANNOT help you, EVER: Police want to talk to you because they suspect you have committed a crime. If you are detained, they already have enough evidence to arrest you and they want to see if you will admit it and provide them with a stronger case against you.

What questions can police ask you?

They can ask about your name, address and age, or request your I.D. The police must have a reasonable suspicion – meaning a clear, specific and unbiased reason for suspecting that you committed, are committing, or are about to commit a crime. They cannot stop you simply because you “look suspicious.”