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Due a police visit - help

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Comments

  • rpc
    rpc Posts: 2,353 Forumite
    If you refuse to give a statement in your house, when an allegation has been made against you. Then they have no choice than to arrest you in order to carry out an investigation.

    They can't simply arrest you because they want to interview you. If they had sufficient evidence to arrest OP, they would do so. They haven't, so clearly, they do not. What OP needs to be sure of is that she does not give them anything that could at all be construed as evidence.

    If they caution you, stop the interview and say nothing further without legal advice. At this point, they are treating you as a suspect, but lack the evidence to arrest you. You need do nothing to assist them in building a case against you (this is their objective, not helping you absolve yourself). If you feel you must go on, make an appointment at the police station and tell them to arrange the duty solicitor. Best to say nothing, though.

    If they want a chat and to discuss the situation, then fine. Be honest, but limit the discussion to this.
  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    As for nearly knocking the door down. Well some police officers only know how to knock loudly.

    +1. Round my way it has a particular name - the rozzer knock. :D
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • stormbreaker
    stormbreaker Posts: 2,289 Forumite
    Part of the Furniture 1,000 Posts
    I think in England they can arrest on suspicion to interview. In Scotland they can detain you for interview take you to a station, ask questions under caution, take finger prints, photographs and DNA. Racial incidents have to be investigated thoroughly as the police have been severly critised of their handling of them in the past.
  • Bufger
    Bufger Posts: 1,857 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    Firstly i'd hide all of the drugs, dead bodies and weapons in your house and i'd change those bald tyres on your car.

    Then i'd get him a cup of tea. Answer all of his questions calmly in a matter of fact tone and make sure you get across any of it he's missed incase he asks one sided questions. Then only sign the statement if you agree to the words written on it.

    If you havent done anything there is no reason to act guilty. Just chill out and follow standard procedure. They will need evidence and witnesses to prosecute. Make sure you know who was there with you at whatever point they're saying it took place and try to think of any professionals that may have been around (ie were there teachers on the gates at this time if it was at the schools exit).

    Dont get worked up just tell the truth
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  • 19lottie82
    19lottie82 Posts: 6,033 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 17 August 2012 at 11:57AM
    the fact that you have tarred them all with the same brush is the same sort of attitude that breads racism, and other discrimination.

    I haven't tarred them all with the same brush. I just said that they are not ALL trustworth men / women and you shouldn't tell everything that they tell you, at face value.

    All I am saying is be very wary. They may seem all nicey nice, but there is a chance that they are just putting on a front to get what they want from you.
  • 19lottie82
    19lottie82 Posts: 6,033 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I was once in a slightly similar situation, I agreed to meet them in my lawyers office. 30 minutes later they left after apologising for using my time.

    excellent advice.
  • rpc
    rpc Posts: 2,353 Forumite
    I think in England they can arrest on suspicion to interview. In Scotland they can detain you for interview take you to a station, ask questions under caution, take finger prints, photographs and DNA. Racial incidents have to be investigated thoroughly as the police have been severly critised of their handling of them in the past.

    They cannot simply arrest you because you might have done something. The grounds for arrest are clearly set out in law.

    Not all offences are arrestable (you cannot normally be arrested for speeding, unless they believe that is the only way to get you to court). Others require 'reasonable grounds' to believe you committed (or are committing) an arrestable offence. Arresting without the required 'reasonable grounds' gets the police in a lot of bother. IPCC complaints, suing for compensation, evidence thrown out by the courts, etc. They usually try to avoid all that.

    If they have sufficient evidence for arrest, they will arrest you. If they do not, but think you were involved in a crime, then they can interview you under caution but you are free to leave at any time. Under PACE, you must be cautioned before questioning if they believe you are a suspect. Once you are cautioned, you are no longer 'helping them with the enquiries' - they are attempting to build a case for prosection against you.
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    marisco wrote: »
    This all seems very odd to me and would not be something I would agree to. If the police want to question you, over something so serious, it should be done at a police station. They shouldn't refuse to let you come over to them and say that it will be a home visit for 2 hours.

    It's quite normal when the real police station, not local community office, is some distance away, as in the case of the OP's which is 20 miles away and they are carrying out preliminary enquiries.

    It's when they ask you to attend the station you should worry, that's when they're more likely intending to arrest you.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 17 August 2012 at 1:11PM
    They may arrest you and take you for interview IF they have evidence over and above this lad's statement (injuries, witnesses) - they did so to my ex after making an appointment to see him at home. That doesn't mean they will hold you in a cell or turf you out to make your way home. It's normal to be serious with you because this is a formal situation and they have to be very careful what they say, it doesn't mean they will treat you unfairly.

    Really they should have come to see you at an earlier stage to see if there are any marks on you from the alleged 'fight'. Tell them the whole truth, if you frowned or waved your fist then say so. You have nothing to hide because you are innocent. Ask them to look at CCTV footage of you or the alleged 'victim' in the area on the day/ time in question, ask colleagues if you had any marks on you and so on.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • OP you don't say how old you partner's son is so I'm guessing he's the same age or younger than the racist bully.

    The chances are that the bully is known to the police and they are making a case against him.

    If what you say is true ,that you only stared at him. You really don't have anything to worry about.

    Be honest and up front with them as to what occurred. Don't elaborate just give them the facts as you remember them.
    I'm not that way reclined

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