Visit to Police Station. Advice please...

Visit to Police Station. Advice please...

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Bigends

5,412 posts

127 months

Sunday 14th December 2014
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Mk3Spitfire said:
Bigends said:
They have no right to say that - you could finish up in court depending how the chat/interview goes
Or...the OIC knows a lot more about the case than you do, is fully aware that it's going nowhere and he's just ticking boxes, and genuinely doesn't want the OP to worry?
Should have told the OP exactly what the nature of the enquiry was then if its only a tick box exercise.
We used to get tasked with traffic offence enquiries on my Neighbourhood team. If phone contact was made - or even at the first visit i'd tell the subject that they may have committed an offence and would be interviewed under caution and that to get legal advice before we went further
Some did - most didnt though that was their choice.


Edited by Bigends on Sunday 14th December 18:15

Mk3Spitfire

2,921 posts

127 months

Sunday 14th December 2014
quotequote all
Centurion07 said:
Not really. Better to have at least consulted a legal professional and not need their advice than not consult and need it, surely?
I regularly, as in several times a week will be given a call along the lines of "manner of driving....complaint....overtook dangerously" etc. Sometimes it's a proper job and statements are taken, and the driver is interviewed and reported. The majority of times its words of advice or less.
You can phone a solicitor before hand, but what advice are they going to be able to give at this stage? If there's no interview, then you won't need a solicitor. If there is an interview, the PC will HAVE to inform it it's his right to have one. One will most likely be there within an hour, tops. If the PC has said on the phone that there's no interview etc, it's UNLIKELY he's lying, as its of no advantage to him to say that.
To suggest that the police are "not there to help you" "other cliche" is naive because it's not the case.

benm3evo

Original Poster:

383 posts

180 months

Sunday 14th December 2014
quotequote all
Mk3Spitfire said:
I regularly, as in several times a week will be given a call along the lines of "manner of driving....complaint....overtook dangerously" etc. Sometimes it's a proper job and statements are taken, and the driver is interviewed and reported. The majority of times its words of advice or less.
You can phone a solicitor before hand, but what advice are they going to be able to give at this stage? If there's no interview, then you won't need a solicitor. If there is an interview, the PC will HAVE to inform it it's his right to have one. One will most likely be there within an hour, tops. If the PC has said on the phone that there's no interview etc, it's UNLIKELY he's lying, as its of no advantage to him to say that.
To suggest that the police are "not there to help you" "other cliche" is naive because it's not the case.
Just to clarify, when I phoned the PC he said I will be asked some questions & it will be recorded on tape so I presume that constitutes an interview rather than a friendly chat? He did say that I won't be under caution though & free to leave whenever I want.
Thanks

Mk3Spitfire

2,921 posts

127 months

Sunday 14th December 2014
quotequote all
benm3evo said:
Just to clarify, when I phoned the PC he said I will be asked some questions & it will be recorded on tape so I presume that constitutes an interview rather than a friendly chat? He did say that I won't be under caution though & free to leave whenever I want.
Thanks
That sounds a bit more suspicious. The "free to leave at any time" bit just means you won't be under arrest.
Questions on a tape sounds much more like an interview, all be it, a voluntary one. Are you sure you didn't mishear him, and he said you "will" be under caution.
If it's going to be an interview, you WILL know, and you WILL be entitled to legal representation. Don't let them fob you off.

Cat

3,014 posts

268 months

Sunday 14th December 2014
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Bigends said:
Dr Jekyll said:
benm3evo said:
During the brief phonecall the PC did re-assure me to say it's nothing to worry about, & it was not a major incident but obviously I am worried!
yikes
They have no right to say that - you could finish up in court depending how the chat/interview goes
I find your comment slightly bizarre. Surely in your time in the job you must have had cause to speak with people about minor matters where you knew no matter what they said it was never going to result in anything more than words of advice. In a situation such as that what is wrong with trying to put someone's mind at rest?

Cat

Mk3Spitfire

2,921 posts

127 months

Sunday 14th December 2014
quotequote all
Cat said:
I find your comment slightly bizarre. Surely in your time in the job you must have had cause to speak with people about minor matters where you knew no matter what they said it was never going to result in anything more than words of advice. In a situation such as that what is wrong with trying to put someone's mind at rest?

Cat
If you look back at numerous other threads he's posted in, you'll see many questions of this ilk have been asked before. Some would go so far as to doubt his claims of ever having been a frontline officer!
I am not one of the sceptics of course.

Centurion07

10,381 posts

246 months

Sunday 14th December 2014
quotequote all
benm3evo said:
Mk3Spitfire said:
I regularly, as in several times a week will be given a call along the lines of "manner of driving....complaint....overtook dangerously" etc. Sometimes it's a proper job and statements are taken, and the driver is interviewed and reported. The majority of times its words of advice or less.
You can phone a solicitor before hand, but what advice are they going to be able to give at this stage? If there's no interview, then you won't need a solicitor. If there is an interview, the PC will HAVE to inform it it's his right to have one. One will most likely be there within an hour, tops. If the PC has said on the phone that there's no interview etc, it's UNLIKELY he's lying, as its of no advantage to him to say that.
To suggest that the police are "not there to help you" "other cliche" is naive because it's not the case.
Just to clarify, when I phoned the PC he said I will be asked some questions & it will be recorded on tape so I presume that constitutes an interview rather than a friendly chat? He did say that I won't be under caution though & free to leave whenever I want.
Thanks
And therein lies the rub; I don't know off the top of my head the difference between an informal chat & an official "interview", and I wouldn't like to walk into either without knowing and therefore what the possible outcomes are. THAT is why I said OP might want to consult a professional.

My comment about the police not being there to help you is from the idea that as a police officer, your first priority is to solve crimes, so would you, MK3, be happy to spend your working day dealing with stuff like this that goes nowhere, day in, day out? Of course you wouldn't because sooner or later your boss is going to start asking why you're not getting any results. Please do not take this as me saying all police are out to stitch people up, it is merely a matter of fact that you need to be seen to be doing your job, which means every now and again someone has to be "caught". smile

benm3evo

Original Poster:

383 posts

180 months

Sunday 14th December 2014
quotequote all
Mk3Spitfire said:
That sounds a bit more suspicious. The "free to leave at any time" bit just means you won't be under arrest.
Questions on a tape sounds much more like an interview, all be it, a voluntary one. Are you sure you didn't mishear him, and he said you "will" be under caution.
If it's going to be an interview, you WILL know, and you WILL be entitled to legal representation. Don't let them fob you off.
I'm fairly sure he did say I would NOT be under caution, but he definitely did say that it would be taped.

I asked about the need for a solicitor & he said he couldn't advise me on that but I could have one if I wanted. He also said if I chose not to have one & then felt uncomfortable at any time I could then stop the interview & arrange for a solicitor.

Mk3Spitfire

2,921 posts

127 months

Sunday 14th December 2014
quotequote all
I see where you're coming from. The way it works in my force is like this:
A computerised system logs all calls made by the public. These are then filtered out into areas/stations and sometimes subfiltered or tagged for specific departments.
Those calls HAVE to be dealt with, or they can't ve disposed of (there is an office of people reviewing the updates to see if it's been investigated properly)
So basically, it makes little difference to me what the outcome is, because I have to investigate it all the same.
If rather be out there catching baddies, but investigating the more trivial matters is part of the job.
Bosses recognise this (the good ones) and understand. They've been in the same position after all.

Mk3Spitfire

2,921 posts

127 months

Sunday 14th December 2014
quotequote all
benm3evo said:
I'm fairly sure he did say I would NOT be under caution, but he definitely did say that it would be taped.

I asked about the need for a solicitor & he said he couldn't advise me on that but I could have one if I wanted. He also said if I chose not to have one & then felt uncomfortable at any time I could then stop the interview & arrange for a solicitor.
He was spot on with that bit. Which is why it's not vital to phone one beforehand as some suggest. You can request one at any time. Sometimes, if I phone "clients" and I know it's going to be an interview, I'll give them the heads up and that way the solicitor thing can be sorted before hand saving time, but at the end of the day, it's not crucial.
Ive never personally "asked someone questions on tape" which wasn't an interview. Sometimes it's done for witness/victim accounts, but from what you've said here, they're not treating you as either, or chances are he would have made that clear.

benm3evo

Original Poster:

383 posts

180 months

Sunday 14th December 2014
quotequote all
So at the moment I'm thinking I have nothing to lose by requesting that the duty solicitor accompanies me. Also if I let the PC know this beforehand it can be arranged so there shouldn't be any delay.....I think!

N Dentressangle

3,442 posts

221 months

Sunday 14th December 2014
quotequote all
Were you one of the guys in this video?

http://www.pistonheads.com/gassing/topic.asp?h=0&a...

wink

Eclassy

1,201 posts

121 months

Sunday 14th December 2014
quotequote all
There is no need and no obligation to go to a police station for an informal chat. There will/should be no consequences for refusing to attend a station for this mythical informal chat.

An interview under caution is an alternative to arrest. There is also no obligation to go for an interview but what this means is if you refuse, you are liable to be arrested.

Mk3Spitfire

2,921 posts

127 months

Sunday 14th December 2014
quotequote all
benm3evo said:
So at the moment I'm thinking I have nothing to lose by requesting that the duty solicitor accompanies me. Also if I let the PC know this beforehand it can be arranged so there shouldn't be any delay.....I think!
Nothing to lose at all. I would phone him back and just tell him that if you're going to be interviewed, you'd feel more comfortable with a solicitor, and out of courtesy you thought you'd let him know, just in case it would help him and speed things up.
That way, everyone remains on friendly/professional terms, and no one is taken advantage of.

benm3evo

Original Poster:

383 posts

180 months

Sunday 14th December 2014
quotequote all
N Dentressangle said:
Were you one of the guys in this video?

http://www.pistonheads.com/gassing/topic.asp?h=0&a...

wink
I can easily bat that one away, they'd only have to see me wobbling along on a push bike to know I'd not make it off my drive on a proper bike!

benm3evo

Original Poster:

383 posts

180 months

Sunday 14th December 2014
quotequote all
Mk3Spitfire said:
Nothing to lose at all. I would phone him back and just tell him that if you're going to be interviewed, you'd feel more comfortable with a solicitor, and out of courtesy you thought you'd let him know, just in case it would help him and speed things up.
That way, everyone remains on friendly/professional terms, and no one is taken advantage of.
Thanks, that's what I was hoping to hear. I think I will go down this route then.

750turbo

6,164 posts

223 months

Sunday 14th December 2014
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Eclassy said:
benm3evo said:
Solicitor...so am I right in thinking you can have a duty Solicitor (if that's the correct term) at the Station? Or does this need to be arranged beforehand?
This is correct. You should be provided with a solicitor but as a friend found out, requesting one had him in the slammer for almost half a day. You can call the PC back and let him know you'll be needing a solicitor present. As some of these officers dont take too kindly to people that know their rights, such a request may change his attitude towards you.

I would suggest you search Google for "duty solicitor" and speak to one of the accredited ones on there to meet up and attend the station with you on the day.
Just how many times have you and "your friends" been involved with the police?

It really is getting tiring FFS!

Mk3Spitfire

2,921 posts

127 months

Sunday 14th December 2014
quotequote all
benm3evo said:
Thanks, that's what I was hoping to hear. I think I will go down this route then.
Good luck. Make sure you update the thread with what it came down to!

benm3evo

Original Poster:

383 posts

180 months

Sunday 14th December 2014
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Mk3Spitfire said:
Good luck. Make sure you update the thread with what it came down to!
Cheers. I will do

Elroy Blue

8,686 posts

191 months

Sunday 14th December 2014
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750turbo said:
Just how many times have you and "your friends" been involved with the police?

It really is getting tiring FFS!
I think they must be the Eastern European version of the Sopranos.