Make sure everyone is aware that the police will be present (and not on our side) and that everyone has the number of a trusted solicitor.
If you are Arrested
How the Police interview
These are the sort of questions you can expect to be asked in an interview regarding aggravated trespass
As ever the reply NO COMMENT cannot be used too much - remember the interview is designed to gather the evidence to charge you - do not help them out.
If you are waiting for a solicitor or other legal advisor you can use a delaying answer to stall the interview until you can find out what the charges being brought against you are all about. Even then it has always been the best thing to stay silent through any interview.
"I do not wish to answer any questions as yet because I feel at this stage you have not given me adequate information about the allegation against me and I believe that you have failed to disclose to me important information concerning the allegation."
The law may have changed but many people think that the right to silence makes little difference to how people will be processed in courts over the country. Remember they still can't force you to make a statement or give any details apart from your name and address and date of birth. So, still NO COMMENT all the way.
Sections 27 - 30 Bail
The new sections regarding bail came into force at the same time as the amendments to the right to silence. These clauses allow the police for the first time to impose bail conditions upon police bail. The police can impose all the conditions which the courts currently impose except they cannot direct the defendant to reside in a bail hostel. Bail conditions may only be imposed to make sure that a defendant:-
There is no exhaustive list of the conditions which can be imposed, any condition which appears realistic (by the police) will be considered. The most common ones are; sureties, security, reporting to a police station, curfew, non-communication with prosecution witnesses and banning from an area or county.
A surety is someone who puts-up money and is obliged to use every reasonable effort to ensure that the defendant appears in court. If the defendant does not attend the court has a discretion whether to make the security pay the money over.
In deciding whether to accept a person as surety a court will consider:
a) the surety's financial resources
b) their character and any previous convictions of his, and
c) his proximity (his relationship, place of residence or otherwise) to the person for whom he is to be surety.
The suitability of a surety is determined by a magistrate, a magistrate's clerk or an inspector at a police station. It would seem unlikely from a practical point of view for the police to regularly impose sureties on police bail.