Advice needed please - Interview with police on Tuesday

cathryn107

sexyeyes83 wrote: »

Hi,
Thank you both for your replies
I didnt realise it would make travel to the USA harder. We was planning to go there on a family holiday next year. Looking into it I would now have to travel up to London for a meeting at the US Embassy and pay $131 for a visa.
They say that the arrest is part of the procedure, however its amazing how it can still interfere with your life.

I would feel ok about the matter if once its been dealt with it didnt affect you later on in life, however travelling and CRB checks are pretty important. I'll definatly be applying to have my fingerprints/dna removed but I feel the rest would seem like fighting an unwinnable battle.

Hi Sexyeyes,
As the link I gave you shows, arrest is certainly not an automatic procedure if you are happy to attend voluntarily. The main point of arresting someone is to allow the police to interview under caution. If you had attended the station for that purpose, the arrest was unnecessary.Didn't your solicitor object to the arrest?

I also think it's terribly unfair that it will make travel to the US harder and that the arrest for theft is likely to show up under an enhanced CRB, when employers will be looking for anything that indicates you can't be trusted. Why should people be stigmatised if they're just caught up in something and later proved to be innocent? :mad:

Can I also ask if the police officer who came to the house was in uniform, so all the neighbours could see? Also, by the sound of it they sent a male officer to go through your underwear drawer. Perv. 'Cos if you were guilty of theft and knew the police were after you, of course you'd put your ill-gotten (and ill-fitting) gains in the most obvious place!.

I really would complain to the IPCC about wrongful arrest over this one. It's straightforward and not the unwinnable battle you think it is. You can do it online
http://www.ipcc.gov.uk/index/complaints/forms.htm

Investigation of a crime is one thing, and no one would begrudge the police doing their job, but they can't barge in and arrest you on flimsy or non-existent evidence, particularly if you were cooperating with the investigation.

In this case it appears that no one knows when the money and bra went missing. Are they really going to arrest everyone who passed through a communal hallway, or went near a person's house over a four day period?

sexyeyes83

Thanks Cathryn,

When the search was conducted, I was still at the police station. My partner drove me down and was waiting in the carpark. The PC phoned him and asked him to meet him at the house. The PC dosent wear uniform, just shirt and tie, however he did attend the house in a marked police vehicle.

Regarding the arrest, the solicitor didn't object or say anything about it. When I phoned their office on the Saturday, the person that answered the phone said I was likely to be arrested when I arrived. I thought it was normal procedure so didnt think too much about it. If it was a procedure that didn't have any lasting repercussions I dont think I would be overly worried about it, however as I know about the CRB check and the travel restrictions it may impose its got me quite worked up.

Looking at it now, how can it be classed as a fast and effective investigation if he phoned on the Tuesday and I wasnt able to get back in touch with him until the Friday night despite him working Wednesday and Thursday. Also the fact he didnt want to see me on Friday night when I said I was available.
Also on the search form that my partner was given there was a section that says "Search with written consent of person entitiled to grant entry" - I would have been more then happy to provide written consent rather then them gaining authority via the arrest.

While im waiting, i'll look into the matter further, however one question is can the police "void" an arrest?

cathryn107

sexyeyes83 wrote: »

While im waiting, i'll look into the matter further, however one question is can the police "void" an arrest?

Hi,
I must stress that I'm not a lawyer, but my understanding is that an arrest can't be voided, even if ruled unlawful, so you will have inconvenience getting USA visas. It's up to a foreign government to set their own entry rules and for the States it's unfortunately arrest rather than conviction that changes the application process to a more costly and inconvenient one. Very few countries do this though.

What might help if you get the arrest ruled unlawful is that it will be easier to get your DNA off the criminal database (the European Court of Human Rights has told the UK to not keep innocent people on there, but the government and police have ignored this). Also the arrest now gives you a 'record' for suspicion of dishonesty on an enhanced CRB check, which is what you probably need as you work with vulnerable people. I don't know if getting the arrest ruled unlawful would help expunge this. It's worth checking out as this affects you far more than the occasional holiday visa. If an employer is shown the CRB checks for two applicants, and one has a perfect record, and the other has allegations of theft against them, then I'm afraid that you're at a disadvantage.

What's annoying about this, is that the police know you were cooperating, but they have monthly arrest targets and I suspect you are a victim of this. And don't get me started on enhanced CRB checks which can include stuff such as unsubstantiated gossip and wrongful allegations.....

I think your solicitor has been a bit c*ap on this, to be honest, particularly as you currently work in an industry where a mere arrest has implications for your job security. It might be worth googling for a local solicitor who is a member of a group called the "Police action lawyers group", a network who specialise in cases where people have been treated wrongly by the police. They can give you specialist advice which I suspect it what you need.

Once again, I must stress that I am not a lawyer. However I have a strong interest in civil liberties matters (and the rights of innocent people to be treated fairly!) and hope I can point you in the direction of people who are better qualified to advise you.

sexyeyes83

Hi,

I was called up earlier on and asked to attend work for a meeting. When I attended the MD was there with his wife, along with my two managers.

He said the police had spoken to him and he wanted to know what happened. I said if the police had already spoken to him I dont particularly want to go over it all again.

He then asked me again what happened during the calls I attended, bear in mind ive already gone over it twice with work now. He then said "I find it very hard to believe that you have gone in both calls and nothing happened" He then asked me over and over again if I was guilty.

He then said "What will you do when the police find you guilty? When they find you guilty you'll be up for a disciplinary".

I said they wont find me guilty because ive done nothing wrong.

He then sent his wife out of the room and one of the managers and said "This is your time to tell me the truth. If you dont tell me the truth I cant help you"

At the end he gave me two letters, one dated the 29th April outlining the allegations and that im suspended on full pay, and then a second letter dated the 5th May which he said he was going to post to me, but might as well give it to me now.

Part of the letter said
"The purpose of this meeting is to give you the opportunity to provide an explanation for the following matters of concern - The two allegations"

"I would stress that this is not a disciplinary hearing, as per company procedure, you have the right to be accompanied by either a work colleague or an official representative."

Its bad enough waiting for the police to get back in touch, let alone work calling me down and grilling me and treating me as if im guilty. The letter said that there would be more meetings taking place at regular intervals during my suspension.

lili2008

Poor you. This is harrassment...bullying...call it what you will. Is there no recourse against these bullys? Have you seen an employment lawyer yet (apologies if this has already been answered)? Time to start giving them a taste of their own medicine.

Bossyboots

I can't imagine the police would be very happy to discover that your employer is even discussing this with you. Now they are investigating it, work shouldn't be. Have you told the solicitor representing you what is going on. This action suggests to me that the police have indicated they don't think there is enough evidence of any kind to take any further action.

For what its worth, your employer might like to know that it is not the police that "find you guilty". They are only responsible for questioning and charging. The CPS will make a decision about whether there is sufficient evidence to secure a conviction and advise the police whether to charge or not. It would then be for a court to decide on guilt or otherwise.

Your employer is playing games with you and it needs to stop. The only advantage of their actions could be that the police will consider their investigation tainted and drop the matter now, rather than wait until you are next back at the police station.

sexyeyes83

Thank you both for your advice. Ive given acas a call and they advised me that I could send a grievance to the MD, however she wasnt sure how this would be taken.

Im going to pop down the Citizens Advice tomorrow with my partner and see if they can offer any advice at all.

It also said in the letter they gave me today that im not allowed to make contact with any staff members. If I do this it would be seen as gross misconduct. I forgot to ask acas about this, so just giving them a quick call back now as a few members of staff are good friends of mine. Does this mean I have to ignore their calls or emails? I havent spoken to any of them about the situation and I wouldnt. They dont know im off work as we all work seperatly.

I just wished they had given me the letter before the meeting so maybe I could have tried to arrange to bring someone along with me.

sfry

Have read the thread and am so sorry that I can't give you any good useful advice but just wanted to say that I'll be thinking of you and do hope that things will work out.

Keep us updated as you have lots of support here.

LinasPilibaitisisbatman

The employer is also in a very difficult circumstance. They have a member of care staff who is caring for the vulnerable who has been accused of committing two seperate crimes of dishonesty and ones the police are taking seriously.

The police would investigate any offence but wouldnt go to the lengths of Dna, searches etc unless they felt the evidence was strong

lili2008

LinasPilibaitisisbatman wrote: »

The employer is also in a very difficult circumstance. They have a member of care staff who is caring for the vulnerable who has been accused of committing two seperate crimes of dishonesty and ones the police are taking seriously.

The police would investigate any offence but wouldnt go to the lengths of Dna, searches etc unless they felt the evidence was strong

They aren't helping themselves by their behaviour. I've seen many employers hoist by their own petards because they have refused to follow the law on disciplinary procedure but instead indulged themselves in a bit of ganging up and bullying. I hope the OP is seeing a good emloyment lawyer and keeping them abreast of the employer's actions. I also hope she is keeping a detailed timeframe and reference.