Waste Disposal - Interview under caution

Yorkie1

vax2002 wrote: »

The Interview is not to sit down and hear your excuses and decide it has all been a big mistake, I think a few on hear have been watching too much television.
It is to question you to obtain information that can be used against you in a criminal prosecution.
They dont do excuses or anything else.
They can totally IGNORE anything you say that may prove your innocence and only use small parts of what you say that prove your guilt.
If you have done nothing wrong, you are under no obligation whatsoever to attend anything and if they dont like that they can ask the police to arrest you and then and only then will you be entitled to free legal representation who CAN put your side forward and in to an official statement to be used to counter balance the allegation.
The notion that availing yourself of your legal rights will "look bad" is complete and utter hogwash.
These are dangerous people on a mission to make a name for themselves and they could not care less one bit how innocent you are, they only care about the result and obtaining it.

Whilst some of your points aren't wrong, others are.

Yes, there is no obligation to attend the interview.

Yes, the OP will only get free legal representation (but may not be in person, only over the phone) if arrested at the police station.

Yes, the interview can be used to gain further evidence against the interviewee. BUT it can also be used by the interviewee to put forward a reasonable doubt, leading to a decision not to prosecute. In the absence of such contrary evidence from the interviewee, the decision to prosecute is far more likely.

It is an imprisonable offence and therefore one where an interview should be held. It isn't just a device to catch people out.

One has the right to remain silent - but if there is evidence to answer and one fails to do so, then it not only can look bad but it can be used against someone in court.

I agree with the posts that the OP should get legal advice pronto about his position, and take a solicitor with him.

This is not going to go away.

WhiteHorse

Never attend a police station voluntarily. Do not attend the Council interview.

These people are not 'friends' and it is not a 'chat' to 'set things straight'. They are nasty, jumped up jobsworths who will stitch you up if given the chance.

Reply to the allegation in writing (keep a copy, send Recorded Delivery). Make it very clear to them that you are not a pushover and then wait and see.

clutton_2

i attended an interview under caution with a friend who was being harrassed for not supplying documentation to the Child Support Agency, which he definitely had, and had proof that he had.

We arrived and two guys ignored me and started reading the caution to my friend.. i interrupted and said that we were here to help them sort out their clerical errors, but not if it was under caution, that my friend utterly refused to accept an interview under caution and they conceded. We all sat down, discussed the problem like adults, got it sorted, and that was that.....

Stand your ground

btw - NO ONE is going to prison because a bag of rubbish has been found in a street... stop exagerating you gloom-mongers who are frightening the original poster

DVardysShadow

clutton wrote: »

.... btw - NO ONE is going to prison because a bag of rubbish has been found in a street... stop exagerating you gloom-mongers who are frightening the original poster

You live in Barmy Britain. Everyone is out to get people put in prison. They've been fed a diet of it by the Tabloids for decades.

vax2002

clutton wrote: »

i attended an interview under caution with a friend who was being harrassed for not supplying documentation to the Child Support Agency, which he definitely had, and had proof that he had.

We arrived and two guys ignored me and started reading the caution to my friend.. i interrupted and said that we were here to help them sort out their clerical errors, but not if it was under caution, that my friend utterly refused to accept an interview under caution and they conceded. We all sat down, discussed the problem like adults, got it sorted, and that was that.....

Stand your ground

btw - NO ONE is going to prison because a bag of rubbish has been found in a street... stop exagerating you gloom-mongers who are frightening the original poster

Once the caution has been read, the interview is under caution, so your friend WAS interviewed under caution as the caution was given.

RabbitMad

newten wrote: »

In case, fly tipping is established......... will it be criminal record and will be mentioned on CRB?

Do I infer correctly from that comment that you are in fact guilty of the aforementioned offence?

You've not said in any post that you did not put your rubbish at XXX location.

Where is XXX location in relation to your property?

GDB2222

Newten, you have two sensible options:

1. Attend an interview under caution, but with a solicitor present.
2. See a solicitor, and with his help draft a statement of your point of view to be given to the council, and refuse to be interviewed.

Option 1 is likely to be more expensive, and in any case many solicitors recommend option 2 even when expense is not an issue. The advantage of option 2 is that it puts your side of the argument but prevents you being tripped up at interview.

lynzpower

Its not about being tripped up for heavens sake.

Its about getting to the truth of the matter. have attended quite a few pace interviews recently and those who blatantly lied ended up in court with fines. Incidentally one where the person admitted their error, understood what they should do in the future and showed genuine remorse had their case closed : albeit a caution was left on their file in case they did it again there would be a fast track courtwards.

Some really bad advice on this thread I know of a number of cases that were dropped post PACE, indeed what came out of the PACE interview is that actually someone else was responsible so the intervention then focuses on them.

I have to agree with rabbit mad: it does sound from this thread that the OP has basically left their rubbish in some location expecting someone else to deal with it. maybe that is because there is insufficient collection of refuse or for some other reason.

Ill reiterate the best thing to do is answer honestly. You cant really stay silent: but you can say no comment. Personally I would never lie under caution although others may advise it I just would never.

clutton_2

Vax2002 says - ""Once the caution has been read, the interview is under caution, so your friend WAS interviewed under caution as the caution was given.""

i really dont recall your being in the room at the time VAX.....

the interview was not under caution. the tape recorder was switched off, and the officers agreed that it was not an interview under caution....

We had a cut and dried case, of utter incompetence, which is probably why we won, but nevertheless.. i will always recommending a challenge to these little power-crazed officials who use sledge hammers to crack nuts........

its a small bag of rubbish for goodness sakes... not a £2,000,000 bank robbery.......