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?
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.
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.
Update in case anyone's interested.
Attended police station with solicitor, apparently will be reported for DWDCA, leaving scene of an accident, failure to report. All a bit bizarre, the last one for example is just a failure by the police system to record info correctly for a start, they'll find the phone call in due course unless they really are incompetent.
Hypothetical question: how long can someone be expected to stay with a vehicle after an accident with no-one else involved, or anywhere to be seen? If you came off the road in the early hours in the sticks into a fence/hedge etc, no houses nearby or phone signal but your own house was within reasonable walking distance, wouldn't it make sense to get home where you have shelter/warmth/phone etc?
Attended police station with solicitor, apparently will be reported for DWDCA, leaving scene of an accident, failure to report. All a bit bizarre, the last one for example is just a failure by the police system to record info correctly for a start, they'll find the phone call in due course unless they really are incompetent.
Hypothetical question: how long can someone be expected to stay with a vehicle after an accident with no-one else involved, or anywhere to be seen? If you came off the road in the early hours in the sticks into a fence/hedge etc, no houses nearby or phone signal but your own house was within reasonable walking distance, wouldn't it make sense to get home where you have shelter/warmth/phone etc?
Cat said:
xr2gte said:
Update in case anyone's interested.
Attended police station with solicitor, apparently will be reported for DWDCA, leaving scene of an accident, failure to report. All a bit bizarre, the last one for example is just a failure by the police system to record info correctly for a start, they'll find the phone call in due course unless they really are incompetent.
Attended police station with solicitor, apparently will be reported for DWDCA, leaving scene of an accident, failure to report. All a bit bizarre, the last one for example is just a failure by the police system to record info correctly for a start, they'll find the phone call in due course unless they really are incompetent.
Did you only report the accident by way of phone call? If so you haven't complied with the law which states you must report it in person at a police station or to a constable.
xr2gte said:
Hypothetical question: how long can someone be expected to stay with a vehicle after an accident with no-one else involved, or anywhere to be seen? If you came off the road in the early hours in the sticks into a fence/hedge etc, no houses nearby or phone signal but your own house was within reasonable walking i, wouldn't it make sense to get home where you have shelter/warmth/phone etc?
The answer is it depends - I'm pretty sure there is case law that states a person must stop for a reasonable amount of time following an accident to allow someone to require their details. What constitutes reasonable would vary depending on the circumstances (location, time of day, presence of witnesses etc.) of each accident. Cat
As regards circumstances, if it was rural location, early hours of morning, no witnesses, no-one around at all?
Pinchme: I suppose ' walking distance ' depends on the person, for me a 15 mile hill walk is recreational so what should've been a relatively short walk home was made much longer than I expected due to concussion (i went in the wrong direction for some time) and it was middle of the night and crossing fields etc (prob should be prosecuted for trespass/criminal damage to cowpats too).
As regards the friendly informal chat the PC made it out to be beforehand, it certainly was not and I'd urge anyone to have legal representation when talking to them. The (youngish) PC was very aggressive/sweary on the phone but whilst in the station kept his ire directed at my solicitor.
Found it all a bit surreal as someone not particularly au fait with the legal system or being involved with police, certainly my opinion of the police has taken a big down turn.
As regards the friendly informal chat the PC made it out to be beforehand, it certainly was not and I'd urge anyone to have legal representation when talking to them. The (youngish) PC was very aggressive/sweary on the phone but whilst in the station kept his ire directed at my solicitor.
Found it all a bit surreal as someone not particularly au fait with the legal system or being involved with police, certainly my opinion of the police has taken a big down turn.
photosnob said:
Go to the Doctors and give him/her the symptoms of concussion. Go to solicitor and give him a Doctors letter. Solicitor will get another Doctor to act as expert, they will tell the court this. You will get off. Depending on what you have said in interview... Which is why I always said nothing.
And here comes the abuse...
I did go to the doctors 3 days after the accident as I had a few minor injuries plus I'd had a headache & nausea for a couple of days. He said it was likely concussion & the other aches and pains would heal in time.And here comes the abuse...
It may be the law, but it's also a farce it has to be said.
Incident was reported to a representative of the police, by phone, a few hours later. Several hours later I also spoke to a PC who visited my home and asked me to sign a form (i think to confirm I was the registered keeper, I have the copy somewhere).
However because I didn't physically attend a police station it's classed as failure to report. And neither the lady on the 0330 number nor the officer in person thought it might be helpful to advise me of this? Not exactly entrapment but certainly leaves a bad taste.
As I said, I didn't feel well for a couple of days after with headache & nausea so reading up on the legalities of reporting an accident / 15 mile trip to the nearest police station wasn't prime on my mind. Thought I'd done 'my bit'.
Incident was reported to a representative of the police, by phone, a few hours later. Several hours later I also spoke to a PC who visited my home and asked me to sign a form (i think to confirm I was the registered keeper, I have the copy somewhere).
However because I didn't physically attend a police station it's classed as failure to report. And neither the lady on the 0330 number nor the officer in person thought it might be helpful to advise me of this? Not exactly entrapment but certainly leaves a bad taste.
As I said, I didn't feel well for a couple of days after with headache & nausea so reading up on the legalities of reporting an accident / 15 mile trip to the nearest police station wasn't prime on my mind. Thought I'd done 'my bit'.
To clarify, there was damage caused to a 3rd parties property (highways agency), who I phoned and informed them of the damage/location.
The PC was aggressive/unpleasant on the phone prior to me attending the 'informal chat'. Very different at station with sol there, but still staunchly against everything I had to say. Guilty till proven innocent was very much the feeling.
The PC was aggressive/unpleasant on the phone prior to me attending the 'informal chat'. Very different at station with sol there, but still staunchly against everything I had to say. Guilty till proven innocent was very much the feeling.
Bigyoke said:
Any accident which causes injury to a person or animal other than the driver or belonging to the driver or causes damage to property other than the driverse or belong to the driver is reportable, but not necessarily to the Police.
The car was written off, so possibly hit something substantial, a wall or large livestock. Giving the owner of the property or whatever your details & vrm counts as reporting. If you haven't done that, then you have to notify Police.
This is interesting, I reported it to the Highways Agency (owner of the damaged property) at approx the same time as to the police (both by phone, a few hours after accident), so are you saying that alleviates me of the requirement to attend police station in person?The car was written off, so possibly hit something substantial, a wall or large livestock. Giving the owner of the property or whatever your details & vrm counts as reporting. If you haven't done that, then you have to notify Police.
The Surveyor said:
When though, when did you notify the Highways Agency, when did you have the first contact with the police, when did the police officer come to your home, and when did the unpleasant telephone conversation take place.
Also, when did you report it to your insurer who I would expect to take on the liaison with the Highways Agency to recover damage costs. I can't see why the police needed to be involved at all unless there is something more to the incident. Were you fleeing the 'rozzers', have you a history with the police, was the damage unusually substantial, did they find a dozen empty beer cans in the car, etc etc..? There must be something to justify their enthusiasm to seek a prosecution for what seems as a routine 'off'.
In order, approx 8hrs after accident, 5-6hrs after accident, 11hrs after accident and 2months after when they decided to follow it up.Also, when did you report it to your insurer who I would expect to take on the liaison with the Highways Agency to recover damage costs. I can't see why the police needed to be involved at all unless there is something more to the incident. Were you fleeing the 'rozzers', have you a history with the police, was the damage unusually substantial, did they find a dozen empty beer cans in the car, etc etc..? There must be something to justify their enthusiasm to seek a prosecution for what seems as a routine 'off'.
To insurer, 8hrs after accident. No fleeing (although the PC obviously thought it was, his attitude was you should stay with vehicle regardless and for any amount of time) - no-one at all in area, no history, damage was fairly substantial to car. No beer cans or half drunk bottles of vodka lol.
S170 says either report accident to a constable at station or a constable in person. As I spoke to a constable in person 11hrs after concerning the accident does that not count?
lbc said:
A 15 mile walk is about 4 hours for a healthy fit person.
Why cross fields which will be muddy as hell this time of year, unless you wanted to avoid being seen for whatever reason?
It wasn't 15 miles, if you read my post correctly, that was just an example of how far someone/I could walk.Why cross fields which will be muddy as hell this time of year, unless you wanted to avoid being seen for whatever reason?
Again, it also wasn't 'this time of year', this happened in (late) summer.
Greendubber said:
pinchmeimdreamin said:
Given what the OP has told us so far, Can any of the officers or lawyers on here think of a reason the CPS would push a charge of DWDCA ?
A witness and there being more to it. 
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