Legal advise dealing with police

tomtontom

Marktheshark wrote: »

Here is what to do legally.
The police will caution you at the start of the interview, at / from this point you now have access to free solicitor representation and legal advice and not before.
As soon as they read the caution you only words must be.
I demand (do not not request) that a solicitor be provided.
When they arrive demand the solicitor proves they are actually a solicitor and not a police legal advisor, you can refuse if they are a police advisor and demand a law society solicitor.
Ask the solicitor to suspend the interview as you require legal advice.
The solicitor now has access to the investigation notes and outline brief and can see where they are going and on what evidence and will advise you what to say at any future interview.

If the police ignore the demand for a solicitor, answer all questions .
"I am exercising my right to silence as I have been refused access to a solicitor"

They will soon get fed up.
You need legal advise from a solicitor, if you call one you have to pay, if you do as I said above one will be provided free.

I can not advise you any further than this unfortunately.

Feel free to follow this advice if you want to wind everybody up and prolong things unnecessarily. Alternatively you can arrange for a solicitor to meet you there and get on with it.

I'm not sure what you mean by a police legal advisor, that is an American term. If you mean a police station representative they may not be a solicitor but they are accredited by the LSC. Should they be on duty at the time and you don't wish to instruct them (there's no reason why you should not, this is what they do every day), you'll have to find your own.

Marktheshark

tomtontom wrote: »

Feel free to follow this advice if you want to wind everybody up and prolong things unnecessarily. Alternatively you can arrange for a solicitor to meet you there and get on with it.

I'm not sure what you mean by a police legal advisor, that is an American term. If you mean a police station representative they may not be a solicitor but they are accredited by the LSC. Should they be on duty at the time and you don't wish to instruct them (there's no reason why you should not, this is what they do every day), you'll have to find your own.

Exactly that, a police legal advisor, usually a retired police officer that they attempt to palm off on people when they ask for a solicitor, usually about as useful as the proverbial ashtray on a motorbike, accredited as in rubber stamped by the police, they are not a solicitor and they are not qualified in law.

You have no automatic right to a free solicitor until you are placed under caution by the police.
As for wasting time, it is their time and their problem, but it will get you a legally aided solicitor or you can refuse the interview and the police know exactly how long the magistrates patience will last if they refuse to provide or find a real solicitor.
About 30 seconds is the record I think.

Garethgrew

Marktheshark wrote: »

Here is what to do legally.
The police will caution you at the start of the interview, at / from this point you now have access to free solicitor representation and legal advice and not before.
As soon as they read the caution you only words must be.
I demand (do not not request) that a solicitor be provided.
When they arrive demand the solicitor proves they are actually a solicitor and not a police legal advisor, you can refuse if they are a police advisor and demand a law society solicitor.
Ask the solicitor to suspend the interview as you require legal advice.
The solicitor now has access to the investigation notes and outline brief and can see where they are going and on what evidence and will advise you what to say at any future interview.

If the police ignore the demand for a solicitor, answer all questions .
"I am exercising my right to silence as I have been refused access to a solicitor"

They will soon get fed up.
You need legal advise from a solicitor, if you call one you have to pay, if you do as I said above one will be provided free.

I can not advise you any further than this unfortunately.

Thank you so much mark the shark

Garethgrew

Marktheshark wrote: »

Here is what to do legally.
The police will caution you at the start of the interview, at / from this point you now have access to free solicitor representation and legal advice and not before.
As soon as they read the caution you only words must be.
I demand (do not not request) that a solicitor be provided.
When they arrive demand the solicitor proves they are actually a solicitor and not a police legal advisor, you can refuse if they are a police advisor and demand a law society solicitor.
Ask the solicitor to suspend the interview as you require legal advice.
The solicitor now has access to the investigation notes and outline brief and can see where they are going and on what evidence and will advise you what to say at any future interview.

If the police ignore the demand for a solicitor, answer all questions .
"I am exercising my right to silence as I have been refused access to a solicitor"

They will soon get fed up.
You need legal advise from a solicitor, if you call one you have to pay, if you do as I said above one will be provided free.

I can not advise you any further than this unfortunately.

Thank you so much mark the shark

How can I tell from his ID, if he really is a solicitor or just another policeman

thorsoak

You should be far more concerned about your attititudes to the chastisement of your children than worrying about the qualifications/veracity of an unpaid legal advisor. YOU ARE IN DEEP DOO-DO and no solicitor is going to undo this. Do you not understand?

bouicca21

OP should certainly get a solicitor. I'd hate to think of them getting off because a technicality marred the prosecution case.

Voyager2002

Garethgrew wrote: »

My parent generation used the cane, which didn't do them any harm.

Actually it caused enormous harm. Sexual perversion was rife, with caning being known among prostitutes as the English treatment, because it was so popular with their English clients.

tomtontom

Marktheshark wrote: »

Exactly that, a police legal advisor, usually a retired police officer that they attempt to palm off on people when they ask for a solicitor, usually about as useful as the proverbial ashtray on a motorbike, accredited as in rubber stamped by the police, they are not a solicitor and they are not qualified in law.

You have no automatic right to a free solicitor until you are placed under caution by the police.
As for wasting time, it is their time and their problem, but it will get you a legally aided solicitor or you can refuse the interview and the police know exactly how long the magistrates patience will last if they refuse to provide or find a real solicitor.
About 30 seconds is the record I think.

You do post some nonsense. The only person the OP will have for support is the duty solicitor/ PSR, are you honestly suggesting it is a good idea to annoy them as well? How far back in tbeir employment history do you suggest the OP checks, perhaps he should ask for their cv whilst he's at it? :T

TBagpuss

Go to http://solicitors.lawsociety.org.uk/ andpuit in your postcode (or the town the police station is in, if that is differnt) and select 'crime - general' from the drop down list on the right. Search for 'organisation' rather than 'person'
That should give you a list of local firms which priovide criminal advice.

Alternatively you can wait until you get to the police station and ask to speak to the duty solicitor.

TBagpuss

Just to add - even if the police do not consider that there is suficent evidence to charge you with any criminal offences, that does not mean that the Local Authority will not take action.

The police will be looking at whether your actions are sufficuently serious to amount to a criminal offence, and whether they are likely to be able to prove, beyond a reasonable doubt, that you have committed the offences.

Social Services will be looking at thwether your actions have caused your children to suffer, or be at risk of, significant harm, and the level of proof required will be 'on the balance of probabilities'

If you have not done so already, see a solicitor about Social Setvices involvment. You want someone who deals with family law including Public Law (Care Proceedings)

If the Local Authority issues care proceedings youwill be entitled to Legal Aid.