## Introduction

Hearing that an allegation has been made against you is frightening and frustrating, especially if you know it isn’t true. You may have heard a rumour, received a call from the police, been invited in for a voluntary interview, or been arrested. It’s natural to wonder what to say and how to show the accusation is wrong.

The most important early step is to get a criminal defence solicitor involved straight away. You have the right to free and independent legal advice while in police custody, and advice is often available for voluntary interviews too. Having a solicitor is not an admission of guilt; it is a safeguard. Early advice can shape the course of the investigation and protect your position if the case goes to court.

## What You'll Learn

- Why early legal advice can change the trajectory of your case
- Your rights in police interviews (duty solicitor, interview choices, and timing)
- How the burden and standard of proof work in criminal cases
- What evidence can support a defence (witnesses, CCTV, phone data, medical and work records)
- What to do if you’ve already been charged, including plea and venue
- How targeted representations to the CPS can lead to discontinuance
- Practical dos and don’ts, including avoiding contact with the complainant

## Core Concepts

### Your Right to Legal Advice and Police Interview Choices

- Free and independent legal advice:
  - If you’re arrested, you have a right to a duty solicitor at no cost, or you can contact a solicitor of your choice.
  - If you attend a voluntary interview, you can still have a solicitor. Ask for one before you go in.
- Why a solicitor matters:
  - Police often provide limited initial disclosure before interview. A solicitor can obtain further information, assess the strength of the case, and advise how to respond.
  - Interview strategy can affect the rest of the case. Saying too much, too little, or the wrong thing can cause problems later.
- Interview options (your solicitor will advise which fits your situation):
  - Answer questions in full.
  - Provide a prepared written statement and answer “no comment” to questions.
  - Stay “no comment” throughout.
- Silence is not guilt:
  - You may be advised to say “no comment” even if you are innocent. This can be because the evidence is unclear, incomplete, or because the risk of being drawn into speculation is high.
  - In some circumstances the court can consider your silence if you later rely on facts not mentioned in interview. Your solicitor will explain the risks and plan accordingly.

### Burden and Standard of Proof

- The prosecution must prove the case. You do not have to prove your innocence.
- The court (Magistrates or jury) must be sure you are guilty before convicting. This is the same as “beyond reasonable doubt”.
- The defence role is to test the prosecution’s evidence, point out gaps or inconsistencies, and present material that creates reasonable doubt.
- An alibi, for example, can show you were elsewhere at the time of the alleged offence and therefore could not have committed it.

### Defence Evidence That Can Help

Think about what shows where you were, what you were doing, or what actually happened:

- Witnesses:
  - Friends, neighbours, colleagues, or bystanders who saw events unfold or can confirm you were elsewhere.
  - Ask them to write down what they remember while it is fresh. Your solicitor can take formal statements.
- CCTV and video footage:
  - Local shops, pubs, petrol stations, transport hubs, dashcams, body-worn cameras (if any), and doorbell cameras (Ring or similar).
  - Act fast: many systems overwrite footage within 7–30 days. Your solicitor can send preservation requests.
- Phone and digital records:
  - Location data from iPhone/Google Timeline/Life360, journey receipts (Uber/Trainline), contact logs, photos with timestamps and metadata, social media posts with timestamps.
  - Back up your phone and avoid factory resets while the case is active.
- Records and documents:
  - Work rotas, clock-in/out data, timesheets, delivery routes, gym entry logs, hotel check-ins, bank statements showing transactions at specific times, medical records confirming injuries or appointments.
- Official records:
  - Custody records if you were detained at a relevant time, probation or GP appointments, school run logs, childcare apps.

Your solicitor can collate this material and, where needed, ask the police/CPS to obtain items you cannot get yourself.

### Charged Already? Plea, Venue, and Case Preparation

- If you have been charged and you are not guilty, you will generally be advised to plead not guilty at your first hearing.
- Venue:
  - Some offences are dealt with in the Magistrates’ Court. Others go to the Crown Court. For certain offences, you may be able to choose; get advice before deciding.
- Defence Statement:
  - In many cases (especially in the Crown Court), the defence will serve a Defence Statement explaining the issues in dispute and any alibi. Deadlines apply.
- Ongoing disclosure:
  - The CPS must review the case. If material weakens the prosecution or strengthens the defence, they must consider it. Your solicitor can make targeted requests for missing material.
- Representations:
  - If the evidence is weak, inconsistent, or undermined by new information, your solicitor can write to the CPS asking them to discontinue the case because there is no realistic prospect of conviction.

## Key Examples or Case Studies

### Case Study: Bike Theft Allegations Dropped After Timeline and Capability Checks

- Context: A client with previous convictions for bike thefts was charged with several new thefts on different dates. Witness descriptions and CCTV were said to match him.
- Review of the evidence:
  - Offences A and B: The alleged dates coincided with the client being in police custody on other matters, so he could not have carried out the thefts.
  - Offence C: CCTV showed the thief scaling an 8-foot fence. At the time, the client had a serious leg injury and was using crutches, making this impossible.
- Outcome: Defence solicitors sent representations to the CPS with custody records and medical evidence. The CPS discontinued the case due to no realistic prospect of conviction.

### Short Example: Doorbell Footage and Phone Data Support an Alibi

- Context: A person was accused of an assault across town at 20:10.
- Defence material:
  - Ring doorbell footage showed them arriving home at 19:55 and staying in until after 21:00.
  - Phone location data and a timestamped food delivery receipt matched the timeline.
- Outcome: The police accepted the alibi, and no further action was taken.

## Practical Applications

Act now to protect your position and build a strong defence.

- Get legal help immediately
  - Ask for the duty solicitor if arrested, or contact a criminal defence solicitor of your choice.
  - Do not start explaining your side to the police without advice.
- Prepare for interview
  - Share everything you know with your solicitor in private, including any history with the complainant and any messages or prior disputes.
  - Discuss interview options (answering questions, prepared statement, or “no comment”). Follow your solicitor’s advice.
- Preserve evidence
  - CCTV: Identify likely cameras (shops, neighbours, doorbells) and ask owners to keep the footage. Your solicitor can send a preservation letter.
  - Phone and digital data: Back up your device. Export location history where possible. Save relevant texts, emails, photos, and receipts.
  - Witnesses: Write down names and contact details. Ask them to note what they saw and when.
  - Documents: Collect work rotas, travel tickets, bank statements, medical records, and any records that show where you were.
- Do not contact the complainant
  - Avoid any contact (direct or via others). Attempts to persuade someone to withdraw an allegation can be seen as witness intimidation or perverting the course of justice.
- If you have already been charged
  - Get advice on plea and venue. If you are not guilty, you’ll typically plead not guilty and your case will be listed for trial.
  - Ask about service of a Defence Statement and any alibi notice. Deadlines can be strict.
  - Your solicitor can request missing material and send representations if the case is weak.
- While on bail or under investigation
  - Comply with all bail conditions.
  - Do not discuss the case on social media.
  - Keep a simple timeline of key dates, and store all relevant documents in one place.
- Trial preparation
  - Work with your solicitor on your evidence and how to present it clearly.
  - If you will give evidence, prepare for common questions and remain calm and consistent.

## Summary Checklist

- Use your right to free legal advice and ask for a solicitor immediately.
- Decide interview strategy with your solicitor: full answers, prepared statement, or “no comment”.
- Remember: the prosecution must prove the case. You do not have to prove your innocence.
- Move quickly to preserve CCTV and other time-sensitive evidence.
- Gather phone location data, digital records, witness details, and documents that show your movements.
- Do not contact the complainant or discuss the case publicly.
- If charged, get advice on plea, venue, Defence Statement, and any alibi notice.
- Ask your solicitor about representations to the CPS if the case is weak or inconsistent.

## Quick Reference

| Topic                     | Action                                            | Why it matters                                  |
| ------------------------- | ------------------------------------------------- | ----------------------------------------------- |
| Right to a solicitor      | Ask for duty solicitor or call your own           | Early advice shapes interview and case strategy |
| Police interview choices  | Follow legal advice on answers or “no comment”    | Protects your position and avoids misstatements |
| Burden of proof           | Remember prosecution must make the court sure     | You don’t have to prove innocence               |
| Preserve evidence         | Save CCTV, export phone data, list witnesses      | Prevents loss of material that can clear you    |
| CPS review                | Solicitor can send representations to discontinue | Weak cases can be stopped before trial          |
| Don’t contact complainant | Avoid any contact or pressure                     | Reduces risk of further offences being alleged  |

How to Defend Yourself Against False Allegations (UK Guide)