Have been accused of theft?
Discussion
Started a new thread here as per my thread in business, as is now more relevant here.
I am an electrical contractor, I took a CCTV job for a customer, who lets say turns out to be bit of a "nutcase"
Anyway day after I completed the job I got a call from the daughter telling me her mothers necklace was missing, and I was the only one in the house, I told her it must be a mistake/lost, she then starts accusing me of taking it.
I told her, nothing to do with me, and I'm not having this conversation with her.
I then block both of there numbers from my phone, as it was Sunday!!
I then get a voicemail, saying I must bring it back immediately, or there will be big consequences!!.
I have taken a recording of this message.
I had a call of the police this afternoon regarding this.
I could tell from his tone, that he knew this was a waste of his time.
But anyway, then came the problem, he can't come and visit me, as he is from gwent police, along with the "nutcase"
And I am from Gloucestershire.
So he told me I can either drive down (30 miles) and do a voluntary meeting, or he would have to ask Gloucestershire police to arrest me, and bring me to them for an interview.
Just after a bit of advice here really?
I'm guessing I would be best volunteering my self to save being arrested?
Do I need to be really careful about what I say?
Should I just "no comment" most things?
I don't really want to employ a solicitor etc, as I know I'm innocent , and there is no evidence!
He did say, he will wait a few weeks before requiring me, and it's unlikely to go anywhere, but will be up to CPS?
Oh and will this go on my record?
Cheers for any advice.
I am an electrical contractor, I took a CCTV job for a customer, who lets say turns out to be bit of a "nutcase"
Anyway day after I completed the job I got a call from the daughter telling me her mothers necklace was missing, and I was the only one in the house, I told her it must be a mistake/lost, she then starts accusing me of taking it.
I told her, nothing to do with me, and I'm not having this conversation with her.
I then block both of there numbers from my phone, as it was Sunday!!
I then get a voicemail, saying I must bring it back immediately, or there will be big consequences!!.
I have taken a recording of this message.
I had a call of the police this afternoon regarding this.
I could tell from his tone, that he knew this was a waste of his time.
But anyway, then came the problem, he can't come and visit me, as he is from gwent police, along with the "nutcase"
And I am from Gloucestershire.
So he told me I can either drive down (30 miles) and do a voluntary meeting, or he would have to ask Gloucestershire police to arrest me, and bring me to them for an interview.
Just after a bit of advice here really?
I'm guessing I would be best volunteering my self to save being arrested?
Do I need to be really careful about what I say?
Should I just "no comment" most things?
I don't really want to employ a solicitor etc, as I know I'm innocent , and there is no evidence!
He did say, he will wait a few weeks before requiring me, and it's unlikely to go anywhere, but will be up to CPS?
Oh and will this go on my record?
Cheers for any advice.
If you go up there voluntarily they'll probably arrest you anyway. They shouldn't but may well do. They should make it clear exactly what they are going to do and whether you'll be arrested or not.
DON'T be interviewed without legal advice. You can arrange to go with a solicitor or they'll get a duty solicitor out for you.
DON'T be interviewed without legal advice. You can arrange to go with a solicitor or they'll get a duty solicitor out for you.
Having a solicitor or police rep isn't an admission of guilt so go get advice and representation. They'll be able to advise you properly on the scenario.
If the police are interviewing you under caution then they'll get paid so it won't cost you anything for representation (unless they want to charge you instead) so there is nothing to lose.
If the police are interviewing you under caution then they'll get paid so it won't cost you anything for representation (unless they want to charge you instead) so there is nothing to lose.
I'd be getting a solicitor, and making a written statement in his office, and posting it to Gwent Police.
Then I'd be getting my solicitor to start proceedings against said people, for making false statements about me. Is that slander or liable ?
Nothing is more important in business than honesty, so invest wisely.
Then I'd be getting my solicitor to start proceedings against said people, for making false statements about me. Is that slander or liable ?
Nothing is more important in business than honesty, so invest wisely.
DO NOT go voluntarily - the police are not there to help you!!! - they will/are trying to build a case against you.
let them go to the bother of arresting you (if they feel the need to go that far)
speak to a solicitor ASAP to forewarn of the situation,
DO NOT let the police interview you without legal representation - it is not in your best interest to do so,
the initial representation at the station is free
let them go to the bother of arresting you (if they feel the need to go that far)
speak to a solicitor ASAP to forewarn of the situation,
DO NOT let the police interview you without legal representation - it is not in your best interest to do so,
the initial representation at the station is free
dingg said:
DO NOT go voluntarily - the police are not there to help you!!! - they will/are trying to build a case against
Why run the risk of the police turning up at your house and arresting you at an inconvenient time, when you can arrange an appointment to go in with your solicitor?dingg said:
because they may decide its not even worth the bother - whereas if you present yourself voluntarily it makes things easier for them - WHY DO THAT??
Depends if you can take that risk? I'd turn up with a solicitor. At this point an allegation has been made, and it's your opportunity to put your side of events to the officer. He/she will likely decide if there is enough evidence to support the allegation, and to arrest you, and thereafter to charge you. IANAL, but I don't think he/she'll have that evidence, so as long as you stick with your story, he/she will likely come to the correct conclusionEdited by dingg on Monday 29th September 22:05
I'm in the "Don't talk to the police" camp on this one.
As long as you haven't done anything (and even if you have) - talking can only lead to potential problems.
In the event of an arrest I would be going "no comment" to every question - worked for me when the Police tried to accuse me of stealing a wheel clamp. (case ended up being dropped - so witnesses who could prove my innocence weren't required. Police only have themselves to blame when they waste time on this sort of stuff).
As long as you haven't done anything (and even if you have) - talking can only lead to potential problems.
In the event of an arrest I would be going "no comment" to every question - worked for me when the Police tried to accuse me of stealing a wheel clamp. (case ended up being dropped - so witnesses who could prove my innocence weren't required. Police only have themselves to blame when they waste time on this sort of stuff).
Follow Bigends advice.
Go in, prederably with your own solicitor. You'll have a better chance of not getting arrested. If you turn up without a solicitor and you are asked any questions, insist on having a solicitor present. The correct process will be for them to provide you with legal representation and then interview you under caution but the chances are they wont do this and you'll then be arrested.
Despite PACE guidance and case law which says arrest should be last resort, less intelligent policemen are still arresting by appointment. I think the police will start to see sense if more people sue them for this kind of flagrant disregard of the law and make them pay finanacially.
Go in, prederably with your own solicitor. You'll have a better chance of not getting arrested. If you turn up without a solicitor and you are asked any questions, insist on having a solicitor present. The correct process will be for them to provide you with legal representation and then interview you under caution but the chances are they wont do this and you'll then be arrested.
Despite PACE guidance and case law which says arrest should be last resort, less intelligent policemen are still arresting by appointment. I think the police will start to see sense if more people sue them for this kind of flagrant disregard of the law and make them pay finanacially.
Some great comments here... 
If someone is NOT involved in an offence, I have (less than) ZERO interest in "fitting them up" for it. If someone's not involved, that's what they need to say.
We don't get to cherry pick what we investigate (despite what you may think or "know"). If a complaint is made it's investigated.
If the options are voluntary attendance (by appointment, at your convenience) or arrest (almost guaranteed to be inconvenient) I know which I'd go for. In either scenario, go with/request a solicitor.
Blanket advice to go "no comment" is not good advice. It might be the correct thing to do in certain circumstances but only a solicitor can really give that advice on the full circumstances. So at the risk of contradicting myself, for the OP, ignore everyone on here, speak to a real person in the form of a solicitor. Having legal advice isn't an admission of guilt, it's your right.
If someone is NOT involved in an offence, I have (less than) ZERO interest in "fitting them up" for it. If someone's not involved, that's what they need to say.
We don't get to cherry pick what we investigate (despite what you may think or "know"). If a complaint is made it's investigated.
If the options are voluntary attendance (by appointment, at your convenience) or arrest (almost guaranteed to be inconvenient) I know which I'd go for. In either scenario, go with/request a solicitor.
Blanket advice to go "no comment" is not good advice. It might be the correct thing to do in certain circumstances but only a solicitor can really give that advice on the full circumstances. So at the risk of contradicting myself, for the OP, ignore everyone on here, speak to a real person in the form of a solicitor. Having legal advice isn't an admission of guilt, it's your right.
dingg said:
because they may decide its not even worth the bother - whereas if you present yourself voluntarily it makes things easier for them - WHY DO THAT??
Problem is that if they do bother, it will be on their timescale and a duty solicitor unknown and unbriefed. Consider at least the benefits of your chosen solicitor and a suitable time.Edited by dingg on Monday 29th September 22:05
Eclassy said:
Follow Bigends advice.
Go in, prederably with your own solicitor. You'll have a better chance of not getting arrested. If you turn up without a solicitor and you are asked any questions, insist on having a solicitor present. The correct process will be for them to provide you with legal representation and then interview you under caution but the chances are they wont do this and you'll then be arrested.
Despite PACE guidance and case law which says arrest should be last resort, less intelligent policemen are still arresting by appointment. I think the police will start to see sense if more people sue them for this kind of flagrant disregard of the law and make them pay finanacially.
Exactly this - if theyre happy for you to attend voluntarily then there's unlikely to be any necessity for arrest, otherwise theyd have sent local cops round - arrested you at home and searched your house. Some will still take the pi**, entice you into the station and arrest youGo in, prederably with your own solicitor. You'll have a better chance of not getting arrested. If you turn up without a solicitor and you are asked any questions, insist on having a solicitor present. The correct process will be for them to provide you with legal representation and then interview you under caution but the chances are they wont do this and you'll then be arrested.
Despite PACE guidance and case law which says arrest should be last resort, less intelligent policemen are still arresting by appointment. I think the police will start to see sense if more people sue them for this kind of flagrant disregard of the law and make them pay finanacially.
If you are arrested your fingerprints dna photo etc will be taken and added to the national database. If the case is later NFA which is highly likely the record will remain for ever albeit noted as no further action. But it will turn up on full crb checks for voluntary stuff etc. They may also decide to search your house if they have to come and get you.
My advice is attend voluntarily for interview under caution and speak with a solicitor.
Inviting you to attend voluntarily and immediately arresting you when you arrive is generally an abuse of process and not lawful unless the circumstances have changed. They now have to have a necessity to arrest with set criteria.
My advice is attend voluntarily for interview under caution and speak with a solicitor.
Inviting you to attend voluntarily and immediately arresting you when you arrive is generally an abuse of process and not lawful unless the circumstances have changed. They now have to have a necessity to arrest with set criteria.
peterperkins said:
If you are arrested your fingerprints dna photo etc will be taken and added to the national database. If the case is later NFA which is highly likely the record will remain for ever albeit noted as no further action. But it will turn up on full crb checks for voluntary stuff etc. <snip>.
incorrect Arrests and NFAs DO NOT appear on Enhanced level DBS disclousre i think someone is feeding you a line based on mis reading the US visa guidance and/or the 'any other information' part of the requestor copy of CRB - where isuppose there might be a slight risk of stuff appearing - particularly if you were repeatedly coming to the attention of the police for particular types of allegations
http://www.nacro.org.uk/what-we-do/resettlement-ad...
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff