Police help- Do I have to give a statement?

ben500

If you need a solicitor you will know soon enough if you decide not to provide a statement when requested, as sooner or later they will arrest in order to obtain one if you are a suspect.
As for toddling along, well yes there is a risk they will do a doorstep arrest at the station if you are a suspect, this is quite common actually, "Hi Mr Jones we just need you to pop along and have a chat" on arrival "Actually Mr Jones I have reason to believe blah de blah and must warn you etc etc the bill etc etc unless you wish to do so"
In all honesty I would say this (and please take no inference from this) if you are sure you have nothing to hide then it will take up some of your time but most likely be over and done with once the statement is complete, if on the other hand you have any reason to believe you may have transgressed some law or other it really wouldn't be a good idea to attend without legal representation.

iceicebaby

Hiya

I was asked to make a statement once and I agreed as long as they came to my house at a time convenient to me.

Also dont forget that if the case does come to court, you can be subpeaonead by the court as a witness which you can be prosecuted for if you dont coperate.

I would make a statement but at a time and place convenient to you.

digerati

Remember that you are under no legal obligation to make a voluntary statement, and you have the right to have a solicitor present whether cautioned or not.

Remain calm in any interview and if in doubt remain silent (or "I have no clear recollection") so as not to inadvertently incriminate yourself. Until you know the facts, I'd advise caution as the wisest counsel. After all anything you say can, and will be used against you in a court of law.

IANAL

KizzyK_2

digerati wrote: »

Remember that you are under no legal obligation to make a voluntary statement, and you have the right to have a solicitor present whether cautioned or not.

Remain calm in any interview and if in doubt remain silent (or "I have no clear recollection") so as not to inadvertently incriminate yourself. Until you know the facts, I'd advise caution as the wisest counsel. After all anything you say can, and will be used against you in a court of law.

Tis be very good advice.

If in doubt, ask to speak to the on duty solicitor

hollydays

KizzyK wrote: »

Tis be very good advice.

If in doubt, ask to speak to the on duty solicitor

What duty solicitor exactly.If you are a witness,not the defendant,why would you be allowed to access a solicitor.Where is this supposed duty solicitor hiding.

There are different statement forms for witnesses and defendants.He obviously needs to tell you exactly what has occured,before you write a statement.One assumes he will have gone back and put your answers to someone else..If he is going to treat you as the defendant,he will have to tell you and caution you,and this will be done on tape as well,as opposed to simply a written record.
You have the right to write any statement yourself.You do not have to let the officer write it for you-I would definitely take this option-he is allowed to guide you as to the salient points-this is NOT the same as telling you what to write.

You say she seemed a bit "loony"-I think that is they key.

Perhaps she is ill, and others suggested you may be taking advantage of this.


I think he is just doing his job,albeit cackhandedly,hes probably just as confused as you.I am sure all will become clear soon-(or phone them and say you would rather be dealt with by someone else).

Contains_Mild_Peril

If this is part of an ongoing investigation and PC Plod is relucant to give you details for fear of prejudicing your response, is it wise to post about it on a public forum where anyone involved in any alleged crime could, in theory, be reading it? I would suggest it may be better to seek advice from your local CAB, where you can have a private interview with an adviser rather than make your position public. I know you're fairly anonymous here, but if anyone involved read what you've posted, they might recognise some of the details.

bestyman

Hes coming to see me , or so he says. After reading the above and giving this some thought ,when he rings me today I will ask him a few straight questions. Firstly I need to know if I am a witness or a suspect. If I am a suspect I need to know what the crime is , as of course then I can decide what to do next ( am I a serial murderer or did I help myself to some milk from her fridge?) . Depending on plods answers I will then decide if to give a statement or not .

I think that I am a suspect by the way hes behaving. Im concerned that without knowing the "charge" I may omit relevent information which , as mentioned above, can be used against me. If it did then go to court I will look a fool saying that I didnt mention it when interviewed as I didnt think it important.

I honestly havent done anything wrong ( yes I would say that, never been arrested before ) , but in fairness to plod he doesnt know that and seemingly suspects I have , so is trying to secure a conviction for alleged crime. Ive told him exactly as it . I told him that there is no possible way that I commited or witnessed any crime on that day, but yet he still wants a statement?
I may be paranoid but perhaps the house with the posh electronic gates is getting better treated than my ex council house fence, if you see what I mean.

Its the feeling that I am been tricked into something that worrys me. Why he cannot just say XX happened, did you do or see YYYY would make things much simpler .

I would consider doing a written statement of my own but have no idea what to write it about, but yet dont want to reley on plod telling me what to write as I don`t feel I can trust him.

My gut feling at the moment is to refuse and then ask to speak to his superiors and then if neccesary make a complaint.

I will post back later and let you know what happened, providing that I have internet access ;o)

Thanks again for the help

bestyman

Contains_Mild_Peril wrote: »

If this is part of an ongoing investigation and PC Plod is relucant to give you details for fear of prejudicing your response, is it wise to post about it on a public forum where anyone involved in any alleged crime could, in theory, be reading it? I would suggest it may be better to seek advice from your local CAB, where you can have a private interview with an adviser rather than make your position public. I know you're fairly anonymous here, but if anyone involved read what you've posted, they might recognise some of the details.

Thanks, I did consider that , but thought the chances were slim and in any case , without sounding selfish, its not my problem.
Tax paying law abiding citizen , conned out of £20 by the customer then put under all this stress by what only can be described as needless mind games on plods part - and then they expect my help?
This thread can be used as evidence as far as Im concerned as its 100% fact and true, probably more accurate then the one I (may) give plod with his underhand tactics ( no doubt he will put words in my mouth)
If he would have behaved in a proper mannor than so would I .
I know two wrongs dont make a right ( but 3 lefts do )
Sorry to rant on and I do appreaciate your reply, I may ring the CAB and see if I can get advise on the phone as wont have time to go there today .

hollydays

Again,it is your statement- he cant make you put anything in it.You can refuse to put what he suggests in it. You just write the facts as you have done here-its just a story written by you..You get the chance to re read it,and cross anything out,or write it again if necessary,but I think you are getting a bit paranoid,but i dont blame you.If you get arsey,they will think you have something to hide.Hang on in there.Getting advice from the cab is a very good idea.

AdamB

bestyman wrote: »

I think that I am a suspect by the way hes behaving.

They normally do. But then I thought that if they do that to witnesses, they are more likely to get the truth as witnesses then act defensively to make sure they dont say anything that would incriminate themselves somehow.