Being charged with a criminal offence is often associated with being arrested and taken to a police station. However, in England and Wales, it is possible to be charged with an offence without first being arrested. The police do not always need to make an arrest in order to investigate an allegation or for criminal proceedings to begin.
Depending on the circumstances, a person may be interviewed voluntarily and later charged or required to attend court without having been arrested. An arrest is therefore not a necessary step in every criminal investigation. The procedure followed will depend on factors including the nature of the alleged offence, the evidence available and the circumstances of the investigation.
Understanding how someone can be charged without being arrested and what may happen next can help you understand your legal position and ensure that you obtain appropriate advice at an early stage.
Initial Telephone Discussion
For an initial telephone discussion, please call us on 0333 0579048 or email hello@fmtsolicitors.co.uk and we will be in touch shortly. We can advise clients across England and Wales.
Is an Arrest Necessary Before You Can Be Charged
An arrest is not always necessary before a person can face criminal proceedings. The police have powers to arrest individuals in appropriate circumstances, but an investigation can also take place without an arrest.
For example, you may be invited to attend a voluntary interview under caution if the police suspect you of an offence but do not consider it necessary to arrest you. This allows investigators to question you formally while you remain there voluntarily. What you say during the interview may be recorded and used as evidence.
Following the interview and any further enquiries, a decision can then be made about whether the case should proceed. The fact that you have not been arrested does not prevent a charge from being brought at a later stage.
What Happens After a Voluntary Interview
A voluntary interview under caution is a formal police interview even though you have not been arrested. You are free to leave unless you are subsequently arrested, but what you say during the interview may be used as evidence.
After the interview, the police may carry out further enquiries and consider your answers alongside the other evidence gathered during the investigation. You may not receive an immediate decision, particularly where additional evidence needs to be obtained or reviewed.
Depending on the circumstances, the investigation could result in no further action, an out-of-court disposal where appropriate or criminal proceedings being commenced. Where necessary, the evidence may also be referred to the Crown Prosecution Service for a charging decision.
How Can You Be Charged Without Being Arrested
Where the police or another prosecuting authority decides that criminal proceedings should be brought, it may not be necessary to arrest you first. The way in which you are informed that proceedings are being brought will depend on the circumstances of the case.
You may be required to attend a police station to be charged. Alternatively, proceedings may begin through a written charge and requisition requiring you to attend court on a specified date. This allows a prosecution to begin without an arrest being necessary beforehand.
In cases where the police do not have authority to make the charging decision themselves, the evidence may first be referred to the Crown Prosecution Service. You should carefully follow any instructions you receive about attending the police station or court.
What Happens If You Are Charged
If you are charged with an offence, you will be informed of the allegation against you and the case will proceed through the criminal justice system. You may be given a date to attend court and information explaining where and when you are required to appear.
The procedure will depend on the offence and the way in which proceedings have been commenced. Your first court hearing will usually deal with matters such as the charge against you, how you intend to plead and the next steps required in the case.
Being charged does not mean that you have been found guilty. If the allegation is contested, the prosecution will still need to prove the case to the required criminal standard before you can be convicted.
The Importance of Legal Advice
If you are under investigation or have been told that you may be charged, obtaining legal advice at an early stage can help you understand your rights and the procedure you may face.
A criminal defence solicitor can advise you before and during an interview under caution, explain the allegations and evidence where available and represent you if criminal proceedings are brought. If you receive a written charge, requisition or notice requiring you to attend court, a solicitor can also advise you on what it means and how to prepare for the hearing.
Early advice can help ensure that your position is properly protected throughout the investigation and any subsequent court proceedings.
How To Get In Contact
If you are under investigation, have been invited to attend a voluntary interview or have been charged with an offence, our experienced criminal defence team can provide clear and practical guidance tailored to your circumstances.
For an initial telephone discussion, please call us on 0333 0579048 or email hello@fmtsolicitors.co.uk and we will be in touch shortly. We can advise clients across England and Wales.