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Why You Should Never Face a Police Interview Alone

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Why You Should Never Face a Police Interview Alone

Why You Should Never Face a Police Interview Alone

A recent case at Liverpool Crown Court has highlighted both the emotional consequences of serious criminal offences and the risks of navigating a criminal investigation without legal representation from the start.

Peter Haney, Police Station Representative and Paralegal at Bell Lamb & Joynson Solicitors, supported the defendant through the court proceedings. However she had no solicitor present during her police interviews.

The Background

Miss Fernley, 26, pleaded guilty to fraud by false representation after forging the results of a paternity test and leading her former partner, Mr Hampson, to believe he was the father of her child.

Miss Fernley requested £300 from Mr Hampson for a DNA test and later sent falsified screenshots suggesting he was the biological father. As a result, he resumed a relationship with her, attended the child’s birth, was named on the birth certificate, and bought a house with her in 2020. Years later, she fabricated another letter claiming the testing company had made a mistake revealing he was not the father.

When Mr Hampson contacted the company directly and was told they had no record of the tests, he contacted the police. Miss Fernley was arrested in July 2022 and continued to deny wrongdoing during the investigation.

Why Early Legal Advice Matters

This case is a clear example of how damaging decisions, both legal and personal, can unfold without proper legal guidance.

By the time our team became involved, the case was already progressing through the courts and key decisions had already been made. While we provided representation during the sentencing stage, Miss Fernley had gone through police interviews without any legal advice.

This is something we always advise against.

Even if you think you've done nothing wrong, or you believe the situation is ‘straightforward’, having a solicitor present at the police station is absolutely essential. Here’s why:

  • You are entitled to free legal advice at the police station. This applies whether you are under arrest or attending a voluntary interview.
  • The decisions you make and statements you give early on can shape the entire case. Once something is said, it can’t be unsaid and miscommunications, emotional responses or poorly worded answers can have serious consequences.
  • Legal representation protects your rights and ensures the correct procedures are followed.

Had advice been sought sooner in this case, the defendant might have been better supported during police questioning and may have made more informed decisions about how to proceed.

What Happened Next

The court took Miss Fernley’s personal circumstances into account including her role as a primary carer. She was handed a 13-month sentence, suspended for 18 months, along with 200 hours of unpaid work, 10 days of rehabilitation activity, and an order to pay compensation.

But, as Judge Andrew Menary commented: “You could not have complained today if I had sent you immediately to prison.”

Protect Yourself and Get Legal Advice Early

If you are ever contacted by the police, even for a voluntary interview, do not go through it alone. Our Criminal Defence team is available 24/7 and can attend police stations across the region to provide expert advice and support.

It costs nothing to have a solicitor with you at the police station, but it could cost far more to go without one.

If you’ve been asked to attend a police interview, call our team immediately on 03444 124 348 or for urgent, out of hours criminal matters, call on 0808 196 1790.

Mike Leeman

Mike is the firms Managing Partner. Prior to that he was the head of the criminal department and has over 25 years experience as Specialist Criminal and Motoring Solicitor.  Mike attended Calday Grange Grammar school on the Wirral and then studied at Sheffield Hallam University followed by the University of Sheffield. Over the years, he has been involved in a number of high profile criminal cases that have had national coverage. He has been the firms managing Partner since 2019.