Question 1

Should I tell the police everything now to speed up my data protection case?

Accepted Answer

Trying to assist the police as much as possible, by cooperating as much as you can and hoping they go away, is nearly always a bad idea. The police and investigators have no duty to be open and frank about the evidence against you and they will not usually reveal this until much later. They may hope that you come to them with a full account to help their case, but it's important to remember that they do not open an investigation until they have already formed a view that you may be guilty. This means that their goal is often already for you to be convicted and sentenced, not just to find out what has happened. Trying to help them, or refusing your right to a lawyer, doesn't speed things up, and generally puts you at greater risk.

Question 2

Will an arrest show up on my DBS?

Accepted Answer

An arrest will not usually show up on a basic or standard DBS check as these are usually limited to information concerning convictions, cautions or reprimands.

However, an enhanced, or enhanced with barred lists, DBS check may also show 'any other information held'. This may include details of times a person has been arrested, even if no charges were brought.

Question 3

Will I get my phone back?

Accepted Answer

If your phone has been seized by the police, it will likely remain with them until the conclusion of the investigation/case. If the device contains evidential material and you are convicted of an offence, it will likely be destroyed once the case has finished. If you are acquitted, your device will be returned to you.

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