Legal Information
Frequently Asked Questions
General information for England & Wales. Every case turns on its own facts — speak to us before relying on any of this.
Consultations, Fees & Professional Status
Can I arrange focused advice rather than full representation?
Yes. You can enquire about a consultation, a document review or another defined piece of work. We explain the scope and cost before you decide, and you are welcome to discuss your budget. We recommend specialist input where appropriate rather than assume every case needs senior counsel. If our service is not suitable, we can signpost other options, including free advice or funding where available.
Do you offer fixed fees or quote separately for complex cases?
We offer fixed costs for defined work, such as court-claim drafting and document support. More complex cases receive an individual quote. Your written quote confirms the scope, what is included, any applicable VAT and separate court or specialist charges before you authorise work. Where an authorised solicitor is instructed to issue, file, serve or manage proceedings, their terms must expressly cover those steps. Consultancy-only support does not transfer those responsibilities. Any additional work or changed fee needs your agreement first.
What will a consultation cost, and am I committed if I enquire?
An initial enquiry is not an agreement to paid work. We assess whether we can help, then confirm a written quote with the scope, fee basis, payment terms and any applicable VAT before you decide. Court fees and third-party charges are separate unless expressly included. Additional work or changes to the fee need your agreement first.
Are you a solicitors’ firm or regulated by the SRA?
AJW is an independent legal consultancy, not an SRA-authorised solicitors’ firm. Some consultants are qualified solicitors with over 30 years’ experience in their fields, and we have access to SRA-regulated solicitors for court work through appropriately authorised arrangements. Their regulation does not make AJW a regulated firm. Before instruction, we confirm who will act, the authorised practice or professional responsible, the work they accept, and the applicable insurance, complaints arrangements and regulatory protections. These are distinct from AJW’s consultancy terms.
Can you help draft my court documents and file a claim for me?
Yes, we can help with document preparation and arrange access to SRA-regulated solicitors to undertake court applications and litigation through appropriately authorised arrangements. Examples include non-molestation and occupation orders, money claims, possession proceedings and enforcement applications. Reserved work must be accepted and performed by a professional authorised for that work, under confirmed terms; it is not carried out by AJW as an SRA-authorised firm. If you choose consultancy support only and act in person, filing, service and managing the case remain your responsibility.
Can you prepare a will or lasting powers of attorney?
We can discuss drafting or reviewing your last will and testament and preparing property and financial affairs or health and welfare lasting powers of attorney. We agree the scope and fee first, with specialist input for complex estates, trusts or capacity issues. Wills must meet signing and witnessing requirements. LPAs need the required signatures, a certificate provider and registration with the Office of the Public Guardian; registration charges are separate unless expressly included. Reserved probate and court work require an appropriately authorised professional.
Can you advise on debt management plans or negotiate with creditors?
We provide general information on budgeting, creditor correspondence, debt management plans and insolvency options. Personal recommendations on regulated credit debts, negotiating repayments or setting up and managing a plan may require FCA authorisation or a relevant exemption. SRA regulation alone is not confirmation that a service is permitted. We direct this work to an appropriately authorised or exempt debt adviser, and formal insolvency work to the relevant licensed practitioner or approved intermediary. Free debt advice is also available through MoneyHelper, National Debtline and StepChange.
Do I get a better rate through AJW than approaching a barrister directly?
Often, yes. We work closely with senior barristers and solicitors, including King's Counsel, and that relationship can make a preferential rate available compared with approaching a specialist independently. Any rate we can obtain is confirmed in writing before you commit, together with who will act for you.
It is not a guarantee. A specialist's fees remain their own decision, instruction depends on their accepting the case, and their charges are separate from our consultancy fee. Where no discounted rate is available, we say so plainly rather than implying one.
Will you tell me if a different service is more appropriate?
Yes. We explain the limits of our service and when a regulated solicitor, barrister or other specialist is needed. Free police-station advice, legal aid, insurance or other support may be more appropriate in some cases. Any referral is subject to availability and acceptance, with the specialist’s fees and terms agreed separately. We do not promise a particular outcome.
Legal aid & funding
Is legal aid free, or will I have to pay part of it?
It can be either. Civil legal aid is means-tested on your income and capital. If you are below the lower limits (or receive a passporting benefit such as Universal Credit within the earnings limit) it is usually free in full. If you are between the lower and upper limits you may get legal aid but pay a monthly contribution from income and/or a lump sum from capital.
In criminal cases, police-station advice is always free. In the Magistrates' Court legal aid is either granted in full or refused on the means and interests-of-justice tests. In the Crown Court you may be asked to pay income contributions and, if convicted, a capital contribution — refunded with interest if you are acquitted.
Civil legal aid can also carry the 'statutory charge': if you recover money or property, some of your legal costs may be taken back from it.
If I am refused legal aid, what are my options?
You can ask for a review or appeal the decision, apply for Exceptional Case Funding where refusal would breach your human rights, use Help with Fees (EX160) to reduce court fees, or look at no-win-no-fee agreements, legal expenses insurance or trade union support.
Criminal law & police powers
What is the difference between summary, either-way and indictable offences?
Summary-only offences are the least serious and can only be tried in the Magistrates' Court — for example most motoring offences, common assault and criminal damage under £5,000.
Either-way offences, such as theft, ABH (s.47) and most burglaries, can be heard in either court. The magistrates decide whether their sentencing powers are enough; if they accept jurisdiction you may still elect a jury trial in the Crown Court.
Indictable-only offences — murder, manslaughter, rape, GBH with intent (s.18), robbery and perverting the course of justice — must be sent to the Crown Court and are tried by judge and jury.
What is the difference between police bail and 'released under investigation'?
Pre-charge bail means you are released with a date to return to the police station, and it can carry conditions (for example not contacting a witness or staying at an address). Initial bail lasts up to 3 months and extensions require more senior authorisation, and eventually a magistrates' court. Failing to answer bail is a criminal offence; breaching conditions gives the police a power of arrest.
Released under investigation (RUI) has no return date, no conditions and no statutory time limit. You are free to go about your life, but the investigation can continue for months and you may be re-contacted or charged by post (a 'postal requisition'). It is often worth asking for regular updates in writing.
How long can the police keep me in custody without charge?
Normally 24 hours from arrival at the station. A superintendent can extend this to 36 hours for an indictable offence, and magistrates can issue warrants of further detention up to a maximum of 96 hours. Terrorism cases follow separate rules. Your detention must be reviewed regularly by an inspector.
Should I answer 'no comment' in a police interview?
It depends on the evidence disclosed and your account. Under s.34 Criminal Justice and Public Order Act 1994 a court may draw an 'adverse inference' if you later rely on a fact you could reasonably have mentioned in interview. A prepared written statement is sometimes used to protect against this. This is exactly why free, independent advice before interview matters.
Will a caution show up on my record, and when is it spent?
A simple caution is spent immediately and a conditional caution after 3 months under the Rehabilitation of Offenders Act 1974. Both remain on the Police National Computer, and may still appear on standard or enhanced DBS checks unless they are filtered. A caution is an admission of guilt, so it should never be accepted without advice.
Civil claims, debt & enforcement
How long do I have to bring a claim against the police?
Time limits differ by claim: generally 6 years for false imprisonment, trespass or malicious prosecution; 3 years where the claim is for personal injury (for example assault/battery causing injury); and just 1 year for a Human Rights Act claim. A complaint to the force or IOPC does not stop the clock, so act early.
When can a county court judgment be enforced by a High Court Enforcement Officer?
A County Court judgment of £600 or more can usually be transferred up to the High Court for enforcement under a writ of control. Judgments over £5,000 generally must be enforced in the High Court, except debts regulated by the Consumer Credit Act 1974, which stay in the County Court. HCEOs can add statutory fees and often act faster than county court bailiffs.
Can I set aside a County Court Judgment made against me?
Yes, potentially. If you pay in full within one month it is removed from the register. Otherwise you can apply (form N244) to set it aside — as of right if it was entered wrongly, or at the court's discretion if you have a real prospect of defending and acted promptly.
Scenario
Scenario: arrested at home after a neighbour's allegation
Officers arrive at 6am, say a neighbour alleges you assaulted them, arrest you, and you are taken to custody. You are told the duty solicitor is busy and 'it'll be quicker' to be interviewed without one. Later you are released under investigation, and your phone has been seized.
- Was the arrest lawful? Under s.24 PACE the officer needed reasonable grounds to suspect an offence AND reasonable grounds to believe arrest was necessary (e.g. to allow a prompt and effective investigation). If a voluntary interview would have done, the arrest may be unlawful — supporting a false imprisonment claim.
- Your right to legal advice: free independent advice is a right under s.58 PACE and Code C. Delay is only permitted in narrow cases authorised by a superintendent. Being discouraged from a solicitor can make the interview inadmissible under s.76 or s.78 PACE.
- The interview: the allegation would usually be common assault (summary-only) or ABH (either-way) depending on injury, which affects where any trial takes place and the likely outcome — from no further action or a caution through to a fine, community order or suspended sentence.
- Your phone: property seized can be retained only for as long as necessary. You can request its return in writing and, if refused, apply to the magistrates' court under the Police (Property) Act 1897.
- Next steps: request your custody record, keep a timeline, consider a complaint, and note the limitation periods — 6 years for false imprisonment, 1 year if relying on the Human Rights Act.