Being accused of a serious sexual offence can be a life-changing event. Fortunately, UK law guarantees various legal rights during this challenging time.
Many of these rights emerge from English common law. Others are newer, based on human rights and concepts of dignity and justice.
But what are they? And how can they help you in this time of need? That’s the purpose of this post. We explore the laws and systems that protect you while in police custody and ensure you receive a fair trial.
Before we dive into the specific legal rights you have after being accused of a serious sexual offence, let’s look at why exploring them is essential.
The first is to secure against a miscarriage of justice. Public opinion may be negative, but the law enshrines certain rights that protect you against judgement before your trial begins. (This aspect of the law is particularly critical when accused of sexual offences).
Second, legal rights help you build a stronger defence. The police cannot use illegal tactics to extract information or confessions that might jeopardise your case. If they do, it could harm the prosecution’s case against you.
Legal rights also reduce the risk of wrongful convictions. The ability to put your case forward fairly is an opportunity to clear your name.
Finally, legal rights protect you against the harshness of the legal system. Officials must treat you with a certain level of respect and dignity throughout the process. These safeguards provide these guarantees, regardless of your innocence or guilt.
UK law affords various legal rights and protections to those accused of a serious sexual offence. The legal system must apply these with utmost impartiality according to statute. If it doesn’t, you can report instances to your lawyer, the courts, and independent services.
So, what are your legal rights when accused of a sexual offence?
UK law gives you the right to free legal advice if subjected to questioning at the police station. This aid is available automatically for anyone under 16 (or under 18 in full-time education) or on certain benefits.
When police arrest you, they must tell you about the availability of free legal advice before questioning you. It is your choice whether you wish to receive any assistance.
Police stations should have a duty solicitor available twenty-four hours a day. This legal professional can handle police questions or provide you with professional counsel when facing serious sexual assault charges.
You can also arrange for the police to contact your private solicitor. This professional may then attend your police questioning, provide advice over the phone, or ask you to wait until they become available.
The police sometimes connect you to free over-the-phone legal advice for less serious crimes. However, they should not do this for serious sexual offences. In-person legal support is essential in these circumstances.
If you request legal advice, the police must wait to question you (with some rare exceptions). The longest you can wait by law until advice arrives is 36 hours for serious sexual offence charges. Professional private lawyers should be with you at the police station within a few hours.
The presumption of innocence until proven guilty is another essential legal right. Neither the courts nor police can convict you of a serious sexual offence based on an accusation by another party without evidence and a trial.
The concept of “innocent until proven guilty” dates to the Roman era. Officials used it as a cornerstone of the judicial system to prevent miscarriages of justice.
The Human Rights Act enshrined the current version of the presumption of innocence into law in the UK in 1998. It states that everyone accused has the right to be presumed innocent until proven guilty after a fair trial.
Unfortunately, serious sexual offence cases can draw significant attention and the public may assume your guilt, even if you are innocent. Many people experience “trial by media,” referring to a situation where the newspapers and TV channels condemn them with sensationalist coverage before the court hears the case.
Worse still, trial-by-media can lead to bias. After days of headlines, courts find it challenging to source an independent jury. For these reasons, the right to the presumption of innocence is essential.
The right to know the charges against you is another fundamental right in the UK legal system. Police must tell you the offence they suspect you of committing and when they believe you committed it. Other things they must convey to you include:
If police do not provide this information, speak to a criminal defence lawyer. Your legal representative can advocate for you and ensure authorities follow the rules.
In addition to having the right to know the charges against you, you also have the right to see the evidence of your offence the prosecution has against you. You or your lawyer must see this before your hearing or trial if you request it.
You also have the right to view any documents or materials related to your arrest or the suspicion you committed a serious sexual offence. Your legal team can use these to adjust your defence and determine the best course of action before the trial.
The right to remain silent is another fundamental right in UK law. It protects you against self-incrimination – saying something the police or prosecution could use against you in court.
This right means you do not have to answer questions the police ask. It is within the law to refuse to respond during interviews.
If you find this right confusing, you can ask the police to explain it if you do not understand it.
Solicitors can also explain this right to you. It is often better to remain silent until you can access legal advice.
If the police arrest you, you have the right to tell another person about the arrest and where you are being held. For example, you could call a family member or a friend.
Choose someone who can inform other people and act as an advocate for you. If you cannot arrange legal assistance from inside your jail cell, you can ask this person to do it for you.
Translation and interpretation rights are available if you don’t speak English, can’t understand it, or have a hearing/speech impairment. The police must make an interpreter available free of charge.
Interpreters perform two primary functions:
Furthermore, the interpreter cannot act in the interest of law enforcement or the prosecution and must keep private conversations with you or your lawyer confidential.
The police must also tell you how long they can detain you under arrest before they bring you before the Commanding Officer or relevant judicial authority.
UK law states police cannot hold you more than 24 hours in custody before charging you with a crime. Authorities can increase this to 36 hours or 96 hours if they believe you committed a serious crime, such as rape.
During a detention without charge, you have the right to ask the arresting officer to release you. You can write a letter to the officer explaining why they should release you, or get your legal representative to do it for you.
Usually, the police will release you on bail if there isn’t sufficient evidence to charge you. You do not have to pay any money, but you must return to the police station for questioning if they request it.
Those accused of serious sexual offences also have the right to medical assistance. If you feel unwell or have a medical condition that requires a professional, you can request a doctor. You can also request help if you have an injury.
UK law affords various rights to those accused of a serious sexual offence (just as it does for other offences). However, it is critical to get legal representation as soon as possible after arrest. Criminal defence lawyers can examine the prosecution’s evidence against you and propose the best course of action forward. Lawyers can also ensure that police follow legal procedures and maintain your rights.
Ultimately, these rights are in place to protect the justice process. Courts, governments, police, defendants and victims all rely on the system to generate fair outcomes. Understanding these rights can help your case and reduce the risk of mistreatment by the authorities.
Understanding Your Rights When Accused of a Serious Offence
What Role a Solicitor Plays in the Defence of Serious Offences
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