Help Needed Please

arcon5

May be worth getting some representation, they'll go through what to and not to say and tell you what to expect. With a legal professional with you the officer won't try any funny business.

What did you tell them at the scene? As this will play massively on what you tell them in the interview. No point for example denying speeding if they have it on record at the scene that you was speeding.

Astronaughtwannabe

missile wrote: »

You are not obliged to go to the police station, unless you are arrested. If I were you, I would ask police to interview you at home. I would make a short statement "I lost control due to wet roads" and present my documents. I would decline to answer any other questions.


If police have sufficient evidence you will be prosecuted. Nothing you say will change that, but something you do say may incriminate you.


Good luck

IIRC, the OP won't be entitled to free legal representation at home (at least not anything other than on the end of a phone). It therefore seems prudent for the OP to visit the police station at the agreed time and meet with the advocate beforehand.

The alternative is to politely decline the interview and see what happens. Arrest is very unlikely given the circumstances described... it'll just end up in summons (I can't see how it would be proportionate or necessary to arrest). The exception to that is perhaps where they have suspicion of dangerous driving, but that's not how the OP's gambit reads to me.

croyland87

Hi went to the police station yesterday evening and there were two Police officers the same 2 who attended the scene. The officers took me into a small room and said that we are going to record this interview and said we could of done it at home but it saves a lot of time writing by doing it at the station. They then conducted the interview for 30 minutes asking a serious of questions at the end of the interview they said that they will send the recordings the notes the officer was taking during the interview and the interview recordings from the other person and send it all off to head office they will then decide if they want to prosecute me if they do they will send me the Summons

The police officers also Cautioned me

DUTR

croyland87 wrote: »

Hi went to the police station yesterday evening and there were two Police officers the same 2 who attended the scene. The officers took me into a small room and said that we are going to record this interview and said we could of done it at home but it saves a lot of time writing by doing it at the station. They then conducted the interview for 30 minutes asking a serious of questions at the end of the interview they said that they will send the recordings the notes the officer was taking during the interview and the interview recordings from the other person and send it all off to head office they will then decide if they want to prosecute me if they do they will send me the Summons

The police officers also Cautioned me

Are you sure they cautioned you? If so then that's it.
A police caution is a formal alternative to prosecution in minor cases, administered by the police. It is commonly used to resolve cases where full prosecution is not seen as the most appropriate solution.

Astronaughtwannabe

DUTR wrote: »

Are you sure they cautioned you? If so then that's it.
A police caution is a formal alternative to prosecution in minor cases, administered by the police. It is commonly used to resolve cases where full prosecution is not seen as the most appropriate solution.

He would have been cautioned as per the Police & Crim Evidence Act...

He's now been reported for the consideration of proceedings, which means they may, or may not. Odds on he receive a summons to appear before the Magistrates for careless driving...not such a big deal.

Car_54

DUTR wrote: »

Are you sure they cautioned you? If so then that's it.
A police caution is a formal alternative to prosecution in minor cases, administered by the police. It is commonly used to resolve cases where full prosecution is not seen as the most appropriate solution.

I think the OP was cautioned as in "You do not have to say anything ..."

Does anyone really get a formal caution for a motoring offence?

DUTR

Car_54 wrote: »

I think the OP was cautioned as in "You do not have to say anything ..."

Does anyone really get a formal caution for a motoring offence?

I think they do for a CD10.

Astronaughtwannabe

Pace Code G:-

3.1 A person whom there are grounds to suspect of an offence (see Note 2) must be cautioned before any questions about an offence, or further questions if the answers provide the grounds for suspicion, are put to them if either the suspect’s answers or silence, (i.e. failure or refusal to answer or answer satisfactorily) may be given in
evidence to a court in a prosecution.

Pace code C:-

If they are not arrested but are cautioned as in section 10, the person who gives the caution must, at the same time, inform them they are not under arrest, they are not obliged to remain at the station or other location but if they agree to remain, they may obtain free and independent legal advice if they want.

croyland87

Car_54 wrote: »

I think the OP was cautioned as in "You do not have to say anything ..."

Does anyone really get a formal caution for a motoring offence?

I think you might be right the officer did say the words "You do not have to say anything ..."

This was my first experience in a police station so bit confused

croyland87

Hi had a car accident last week had recorded interview at police station. And today received the tape through post what does this mean.

Notice Enclosing Tapes

One of the intentions of tape recordings of tape recording of interviews is that any dispute arising out of the interview or of the evidence obtained thereby may be resolved by the defence and prosecution before the case comes to trial.

Therefore after listening to these tapes you should communicate with the Crown Prosecutor as soon as possible to indicate wheather you are prepared to accept the Police Officers written record of the interview as being accurate for the purpose of the proceedings or wheather you wish alterations or additions to be made to the record to enable the latter to be agreed in advance of any trial.

Similarly if you wish to take issue on any matter relating to the tape recorded interview you should communicate that fact to the Crown Prosecutor as soon as possible so that whatever steps may be appropriate can be taken in advance of any trial. At least seven days notice is required to make a master tape available for court.

In respect of all the foregoing matters prompt communication with the Crown Prosecutor is essential as otherwise unnecessary adjournments may be considered.

This is what the A5 size photocopied letter received says and towards the end of the letter it gives the prosecutors address which is in Leicester. What does all of this mean or what do i have to do?