Being arrested by the police can be a daunting and stressful experience. If you find yourself in this situation, understanding your personal rights and the legal processes that should follow an arrest is crucial. In fact, this knowledge can minimise the emotional impact and make sure that you are better prepared to navigate your way through the legal system.
What is the difference between being charged and being arrested?
Being arrested and being charged are distinct stages in the legal process. An arrest occurs when the police detain you because they suspect you of committing a crime. During an arrest, you are taken into custody and may be questioned. Being charged, on the other hand, means that formal accusations have been made against you which are now proceeding, indicating that the police/ CPS believe there is enough evidence to prosecute you in court. While an arrest involves being taken into custody, a charge is the official commencement of court legal proceedings against you.
Can you be charged with an offence without being arrested?
Yes, you can be charged with an offence without being arrested. In many cases, the police or prosecution may decide to charge you based on the evidence they have gathered without the need to detain you. If you have not been arrested you can receive a Notice of Criminal Charge in the post. This often happens in situations where the offence is less severe, and there is no immediate need to take you into custody. Once you have been charged, you will receive what used to be called a summons to appear in court on a specified date to answer the charges.
Types of offences that you can be charged with without being arrested
There are many offences that can result in charges without an arrest. Some of the most common examples include:
- Minor traffic violations: offences such as speeding, running a red light, or driving without insurance can lead to charges without an arrest. You may receive a notice of intended prosecution or a court summons.
- Public order offences: lesser public order offences, like causing a disturbance or being drunk and disorderly in public, may lead to charges without immediate arrest.
- Theft and property damage: minor theft (e.g., shoplifting) or property damage cases might result in a charge through a court summons rather than an arrest.
- Fraud and financial crimes: non-violent financial crimes, like credit card fraud or benefit fraud, can also lead to charges without an arrest, especially if the investigation is conducted over some time.
In each of these cases, the police or prosecution may determine that there is sufficient evidence to proceed with charges without the need for an arrest, allowing you to remain out of custody while awaiting your court date.
Navigating the complexities of arrests and charges can be overwhelming. At Lawtons Solicitors, we’re here to protect your rights and guide you through the legal process. Don’t face these challenges alone. Contact our experienced team today for expert advice and robust representation, ensuring the best possible outcome for your case.