What are the benefits of turning yourself in to the police?
There may be certain scenarios where, if you believe that you have committed a crime, turning yourself in to the police would be beneficial. That said, it is important to understand where this would be the appropriate course of action and what the potential consequences could be.
While self-reporting a crime and pleading guilty can certainly help to reduce the severity of the penalties you could face, this is not to say that it will exonerate you entirely.
In this post, we discuss what the benefits of turning yourself in to the police could be, what the process of turning yourself in looks like and what will happen next after you have completed this process.
When you may not wish to turn yourself in to the police
Frequently the police can not identify a person as a suspect and are unlikely to do so. Often the police can not make out a case against you as a suspect and they may not have a prima facia case against you.
This means that they do not have enough evidence or a credible case. You will be handing yourself in when police do not know you are the suspect. The police or the victim may not know about the crime yet or may never now. This is not to say that some people may morally wish to hand themselves in for this offence or to stop offending.
Why you should turn yourself in to the police
Many people understandably ponder the question: does turning yourself in help?
It should be noted that there are several potential benefits of turning yourself in to the police, which could determine whether this would be the right decision for your circumstances.
It can act as a mitigating factor
Let’s say the police know you are the suspect and are looking for you - If you voluntarily hand yourself in to the police, this could act as a mitigating factor if you are found guilty of an offence and are facing subsequent charges. This may also be desirable where it is only a question of time that you will be identified.
If you are shown to have provided full cooperation with the police by turning yourself in, and any subsequent investigations, this could count in your favour. It should be noted that simply cooperating with the police and being of ‘good character’ will not absolve you of the charges you are facing altogether – you will still face some form of punishment if you are found to be guilty.
Can you avoid court?
In lower-level cases, we can aim to persuade the police to consider out of court action such as warnings, community resolutions, cautions and even no further action.
Even in very serious cases we can attempt to persuade more senior officers not to take action but this is usually with medical or expert reports. We have experience of making strong written representations to get cases dropped.
It allows you to establish a strong criminal defence
Many people are caught out by the police if they are arrested for an offence without warning. This means that they then find it difficult to establish a coherent explanation against the allegations they are facing, even where they may be willing to cooperate with the police. You can have your lawyer of choice attend with you and you can discuss the case with them first.
Willingly handing yourself in to the police will mean that you can build an effective criminal defence and provide you with the chance to work with a criminal defence solicitor so you have a clearer understanding of how the process is likely to unfold.
Reduce additional impact and stress on your family
Being arrested without warning can be an incredibly stressful and traumatic event, both for you and your family. By voluntarily turning yourself in, you can reduce the potential impact and leave your loved ones with fewer immediate causes for concern.
It is important that, if you do make the decision to turn yourself in to the police, speak to your loved ones and explain why you are making the decision and what is likely to happen next. Of course, exactly what will happen next will depend on the nature of the crime in question, but it will be useful for all parties to be on the same page.
Greater chances of the police releasing you on bail in most cases.
If you hand yourself in then the police may consider that you are a better candidate for future bail depending upon the seriousness of the offences that you face. Generally in less serious offences, you have much less risk of not being granted bail. The police do not wish to keep you in custody as this is expensive for them and they do not have the power to do so unless the Law allows it where you pose certain serious risks.
How do you turn yourself in?
The process of turning yourself in to the police will usually involve you visiting your local police station. You can speak to a police officer to provide your details and inform them that you are a suspect for an offence.
If there is little evidence against you, the police do not know the extent of the offending or you deny the offence, then speak to us first before you attend the police station and make inadvertent admissions which can be used against you. What you say on arrival may be recorded and will be used against you at a later stage.
Depending on the nature of the said offence and the surrounding circumstances, the police may then take several options. The police could arrest you after you hand yourself in, or they could invite you for a voluntary interview (also known as an interview under caution).
An interview under caution could happen straight away after you report the crime at the police station, or an appointment could be made for you to return to the police station at a later date.
How does a voluntary police interview work?
A voluntary police interview is not as informal as it may initially appear. They are formal conversations that usually take place at a police station. If you are invited to appear at a voluntary interview, you do not have to attend and you can leave at any time once they have begun – though this could result in you being arrested.
Voluntary interviews are often used by the police where they do not have sufficient grounds to make an arrest (even after turning yourself in), they think that you will be more cooperative if you are not under arrest, or they would like to reduce the potential length of time a suspect is on bail.
Conversations that take place during voluntary police interviews are recorded and anything you say could be used against you in subsequent criminal proceedings.
You should be aware that you will have the right to a solicitor during an interview under caution and, once requested, the police officers are not allowed to ask any questions until your solicitor is by your side.
During a voluntary interview, you will likely to be asked a range of questions which will cover various issues, such as:
- Your whereabouts at certain times
- Whether you know certain people
- Your knowledge of specific events
What happens after a voluntary interview?
If you have been asked to attend a voluntary interview after handing yourself in to the police, a number of subsequent actions can be taken. You could be:
- Free to leave
- Arrested and charged with an offence and kept in custody for court/released on bail for court
- Arrested and placed on Pre-Charge Bail
- Released under investigation
- Be required to supply fingerprints, a DNA sample and photograph
- Voluntarily surrender any items
If you are released under investigation, you could still be arrested and charged with a criminal offence at a later date.
There may be a scenario where the police fail to inform you if no further action is being taken following a voluntary interview. Similarly, you may only learn that action is being taken when you receive a summons to attend court proceedings.
Will you be on pre-charge bail?
The Law will be encouraging the police to use pre-charge bail in -
“every case where it is necessary and appropriate” as opposed to Released under investigation without bail. This will be achieved by removing the perceived presumption against using pre-charge bail.
Any pre-bail decisions will also be made with specific references -
to safeguard the victim of a crime and any further witnesses. This is particularly where the victim and witnesses are considered to be vulnerable.
The police must now consider releasing suspects on Pre Charge Bail where a case is ongoing. The police must follow a set of rules by law. Read more about the recent Pre-Charge Bail law updates here.
Should you still instruct legal counsel if you turn yourself in to the police?
The simple answer to this question is yes, absolutely. If you are turning yourself in, it is extremely likely that the police will respond by either arresting you, or inviting you for an interview under caution. You may inadvertently admit matters or damage your own defence without a lawyer.
In both scenarios, it is crucial that you have expert advice and guidance from criminal defence solicitors who can carefully review your situation and maximise the strength of your legal defence.
Instructing a solicitor after turning yourself in will not in any way harm your defence or have a detrimental impact on the penalty you could receive if you are found guilty. In fact, instructing a solicitor could help to improve the final outcome of your case, no matter what that may be.
At JD Spicer Zeb, our team have over 40 years of specialist criminal defence expertise and is Law Society accredited in Criminal Litigation, meaning we are perfectly positioned to provide robust representation and empathetic support, no matter what your circumstances may be.
Contact our criminal defence solicitors today
For a free initial consultation, urgent specialist advice, immediate representation, or to speak to us confidentially about your situation and whether turning yourself in will help, please do not hesitate to get in touch.
You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:
- Brent & Camden London Office: 0207 624 7771
- Manchester Office: 0161 835 1638
- Birmingham Office: 0121 614 3333
- City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)
Or email: solicitors@jdspicer.co.uk
Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.
24/7 legal representation for criminal offence allegations
Please get in touch for a free initial consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice on dealing with a criminal offence charge and the issue of turning yourself in.
We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number 07836 577 556.
How can we help?
Common questions
We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.
How quickly do you respond?
We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.
Can you get cases dropped?
Yes, read about the recent cases we've helped our clients with here.
We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you.
Have you won any awards?
OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED -
"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".
Do you offer free consultations?
Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about –
- Whether we can take the case on and our relevant experience.
- Public and private funding benefits.
- Assistance in applying for legal aid where we are likely to accept instructions.
- An outline of options in police interview only. We will not advise you on which option to adopt.
- Providing our free written guide explaining the police station process.
- The gravity of routine and day-to-day offences you face.
- Consequences of not attending the court or police station.
- Consequences of interfering with any witnesses.
- Retaining any evidence in support of your case.
- If possible an outline of the elements of the offence that the police or CPS must prove.
- This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
- Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.
Consultations do not apply to the following cases –
- If we do not intend to take the case on.
- Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
- In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
- Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
- The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
- The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
- In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
- If your relationship has broken down with your existing solicitor or several solicitors.
- If you have been released under investigation and have already had a police station attendance.
- If you hold legal aid with another firm and seek a second opinion.
- If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
- To businesses.
- Advising whether you were given good advice by your other solicitor.
- Whether to decide to plead guilty or not guilty.
- Whether you have an arguable defence in law or factually complicated defences.
- Any advice you have had after your first court appearance.
- Any advice on appeal on conviction or sentence.
- If we feel we are unable to communicate with you.
- If we are likely to be conflicted or breach our professional rules.