Police station representation?
Discussion
Will try and keep this short & to the point.
I've been asked to attend the police station for an 'informal chat' concerning a 1 vehicle RTA in night in countryside that I was involved in some time ago. PC stated talk is to determine whether to prosecute.
No other vehicles/witnesses. Car a write off, insurance paid out ages ago.
Didn't remain with vehicle due to location/time of night and was suffering with concussion. Accident reported as soon as I could, although this was some hours later.
Can I get legal aid for police station representation despite not being arrested?
I've been asked to attend the police station for an 'informal chat' concerning a 1 vehicle RTA in night in countryside that I was involved in some time ago. PC stated talk is to determine whether to prosecute.
No other vehicles/witnesses. Car a write off, insurance paid out ages ago.
Didn't remain with vehicle due to location/time of night and was suffering with concussion. Accident reported as soon as I could, although this was some hours later.
Can I get legal aid for police station representation despite not being arrested?
SV8Predator said:
When you say "legal aid" do you mean legal representation?
Do they think you had been drinking?
Strange for them to follow up like this? Normally in 1 vehicle damage only instances unless there's something more sinister its left at that. I would have thought given the circumstances, reporting the incident later rather than at the scene was acceptable. Strange.Do they think you had been drinking?
But yes, if it's going to be an interview under caution, you are entitled to free and independent legal advice. Given the circs id say get one. Might help everyone though if you let them know you'll be asking for one. They can arrange in advance and save all involved a lot of time once you get to the nick.
SV8Predator said:
When you say "legal aid" do you mean legal representation?
Do they think you had been drinking?
I'm not sure what they think (i hadn't) I had a brief chat with a PC (not the attending officer) who came to my house the next day.Do they think you had been drinking?
I'm wary that I've been invited for an informal chat which suggests legal representation isn't necessary, whereas in fact they may well have an agenda.
Yes I just wondered if legal representation is a good idea and if so, can I choose the solicitors I've used for other matters (house purchase/sale and another issue) etc rather than taking the duty rep and does this qualify as legal aid for that purpose (1/2hr free, is that right?) or will I need to pay.
You can get legal aid if you are interviewed at a police station - whether voluntary interview or under arrest. You should be cautioned and given three rights (if voluntary) namely "You are not under arrest, you are free to leave and you are entitled to free independent legal advice".
If you want a specific solicitor to represent you they need to be a criminal law solicitor and allowed to represent people at a police station. If you want them for free (legal aid) then they need to be part of the national scheme, if not you will be liable to pay for them or use an alternative (such as duty solicitor)
If you want a specific solicitor to represent you they need to be a criminal law solicitor and allowed to represent people at a police station. If you want them for free (legal aid) then they need to be part of the national scheme, if not you will be liable to pay for them or use an alternative (such as duty solicitor)
xr2gte said:
I'm not sure what they think (i hadn't) I had a brief chat with a PC (not the attending officer) who came to my house the next day.
I'm wary that I've been invited for an informal chat which suggests legal representation isn't necessary, whereas in fact they may well have an agenda.
Yes I just wondered if legal representation is a good idea and if so, can I choose the solicitors I've used for other matters (house purchase/sale and another issue) etc rather than taking the duty rep and does this qualify as legal aid for that purpose (1/2hr free, is that right?) or will I need to pay.
You can always start the informal chat with them without any legal rep, then if you feel unhappy with the way things are going, you can request the "chat" to be stopped for you to obtain legal advice.I'm wary that I've been invited for an informal chat which suggests legal representation isn't necessary, whereas in fact they may well have an agenda.
Yes I just wondered if legal representation is a good idea and if so, can I choose the solicitors I've used for other matters (house purchase/sale and another issue) etc rather than taking the duty rep and does this qualify as legal aid for that purpose (1/2hr free, is that right?) or will I need to pay.
It may just be a paperwork exercise
You can opt to use your own solicitor, but it will only be free if they are part of the duty solicitir scheme. Otherwise it'll be your money.
It's a strange situation and they wouldnt be bothering with an interview unless they had some suspicions about something. The majority of single vehicle RTC's are left without prosecution unless there is clear evidence of poor driving. Even if they thought you'd been drinking it would be pretty irrelevant now if no breathalyser/hospital procedure was done at the time.
It's a strange situation and they wouldnt be bothering with an interview unless they had some suspicions about something. The majority of single vehicle RTC's are left without prosecution unless there is clear evidence of poor driving. Even if they thought you'd been drinking it would be pretty irrelevant now if no breathalyser/hospital procedure was done at the time.
It could start informally - then if the officer cautions you and points an offence out - theyll then give you your legal entitlements and tell you that you're frre to leave and can seek legal advice before you continue. Thats when you up and leave and arrange to go back with a legal adviser - or continue without - personally I wouldnt.
I would be inclined to phone up and speak to the OIC, and ask if it's going to be an interview, or if it's just questions to complete the T763/traffic card. If it's going to be interview, let them know you'll be wanting the duty brief (if you do) or you could find yourself with a long wait when you get there.
Mk3Spitfire said:
I would be inclined to phone up and speak to the OIC, and ask if it's going to be an interview, or if it's just questions to complete the T763/traffic card. If it's going to be interview, let them know you'll be wanting the duty brief (if you do) or you could find yourself with a long wait when you get there.
Thank you, this is helpful, as are the other responses (apart from one).It seems a waste of their time and mine on the surface, but the officer certainly didn't say it was an interview, 'informal chat' were the exact words used.
Will ring sols and PC to work a time out.
Mk3Spitfire said:
You can opt to use your own solicitor, but it will only be free if they are part of the duty solicitir scheme. Otherwise it'll be your money.
Completely wrong and you should know better.You can choose your own solicitor. It will be free of charge if that firm has a criminal legal aid franchise.
agtlaw said:
Completely wrong and you should know better.
You can choose your own solicitor. It will be free of charge if that firm has a criminal legal aid franchise.
As arrogant and rude as ever. Would expect nothing less.You can choose your own solicitor. It will be free of charge if that firm has a criminal legal aid franchise.
I was under the impression that only certain firms are with the duty solicitor scheme. Hence why only certain firms are used. Something that I have no impact or influence on, so something I have little interest or knowledge of.
And in fairness not a million miles from what I was trying to say.
Edited by Mk3Spitfire on Monday 3rd November 20:45
xr2gte said:
Will try and keep this short & to the point.
I've been asked to attend the police station for an 'informal chat' concerning a 1 vehicle RTA in night in countryside that I was involved in some time ago. PC stated talk is to determine whether to prosecute.
No other vehicles/witnesses. Car a write off, insurance paid out ages ago.
Didn't remain with vehicle due to location/time of night and was suffering with concussion. Accident reported as soon as I could, although this was some hours later.
Can I get legal aid for police station representation despite not being arrested?
Don't believe him. I've heard this all too often. "Informal chats" have turned into dangerous driving trials in front of a jury.I've been asked to attend the police station for an 'informal chat' concerning a 1 vehicle RTA in night in countryside that I was involved in some time ago. PC stated talk is to determine whether to prosecute.
No other vehicles/witnesses. Car a write off, insurance paid out ages ago.
Didn't remain with vehicle due to location/time of night and was suffering with concussion. Accident reported as soon as I could, although this was some hours later.
Can I get legal aid for police station representation despite not being arrested?
Get a solicitor. It's free of charge if the firm has a criminal legal aid franchise. Doesn't matter if arrested or not.
Mk3Spitfire said:
As arrogant and rude as ever. Would expect nothing less.
I was under the impression that only certain firms are with the duty solicitir scheme. Hence why only certain forms are used. Something that I have no impact or influence on, so something I have little interest or knowledge of.
You're as uninformed as usual - special constable level knowledge. If you don't know the system then why post misleading garbage on here? I was under the impression that only certain firms are with the duty solicitir scheme. Hence why only certain forms are used. Something that I have no impact or influence on, so something I have little interest or knowledge of.
Mk3Spitfire said:
Coming from some big shot who didn't know the difference between criminal damage, and not criminal damage.
As i recall, you said letting a tyre down wasn't criminal damage, I said it was, then you said it might be. It's a very long time since I defended a criminal damage trial. Not my area of expertise. agtlaw said:
. Not my area of expertise.
So why post misleading garbage on here?If you want to go around being the jumped arrogant gentleman you are, you should make sure you're right all the time.
I said letting a tyre down wasn't criminal damage. You said it was. It isn't. You were wrong.
You were wrong because, and this might come as a shock, you are not perfect. I'm not either and some things I am misinformed or just wrong about.
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