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Falsely accused of fly tipping
Comments
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... discovered it is regarding a large amount of building waste and my lost Costco card was found along with a letter addressed to someone else who I assume has also been called.
I will take my holiday booking with me and any other evidence. I feel a bit better at the moment as a costco card cannot be their only proof for the case. I’m also waiting for call from my union solicitor which I found is free.
Have you got any correspondence with Costco regarding the lost card that you could take along? If not, could Costco confirm date/time when you reported it lost to them for the plod?0 -
I was under the impression that if you attend an interview under caution voluntarily you are not entitled to free legal advice. It is not the same as being arrested and taken to a police station. You can of course have a legal representative with you. - That's not correct. The interview is conducted under PACE, and under the same act anyone interviewed is entitled to free legal advice. Most people assume they aren't, and funnily enough the interviewers aren't keen to assist them. Legally speaking being arrested is not the relevant action.
An investigator is obliged by law to consider all lines of enquiry. If they suspect it was Mr X who was the fly tipper they cannot ignore the fact that a Costco card was found at the scene in the name of Ms Y.
Otherwise they get to court with Mr X and he just says, it wasn't me and they found evidence linking to Ms Y. Immediately there is doubt and a jury will be directed not to convict a defendant unless the prosecution case is proved beyond all reasonable doubt. - That's 1: not true, a judge cannot ever direct a jury to find not guilty, just because he or she isn't satisfied of the guilt. and 2: how would the defendant know they'd found other evidence unless the police told them
They can't discount Ms Y until they hear what she has to say, or not as the case may be.
It's a nice way to think things happen, but then there have been many high profile cases in the last 12 months where evidence was disregarded when it was convenient.0 -
It's unlikely that the average person wouldn't conduct an interview under PACE correctly, but in theory yes, anyone can try.In terms of law the council have no different powers of interview than you or I. I could invite you for an interview for any reason ok and the council have no additional rights or priviledges than I do to interview you
They will use the same tape recorder as I would, same video camera as I would and same legal council as I would and the evidence would be equally valuable and you could just as easily incriminate yourself.
The only difference is that the council have a perceived higher level of authority in the same way that people in uniform garner a higher level of trust on a subconcious level
If I ask you to come for an interview I'm sure you'd tell me to sling my hook0 -
Not attending would be sensible.OP mentioned that she can get advice through her union. That being the case, attending the interview with her solicitor and proof that she reported the costco card as lost, and that she was out of the country when the tipping took place, would probably be sensible.
But if she chooses to anyway, then yes bringing that kind of thing would be better than not bringing it0 -
Have you got any correspondence with Costco regarding the lost card that you could take along? If not, could Costco confirm date/time when you reported it lost to them for the plod?
I've just looked at my Costco card, and see that it has;
My name
My photo
My membership number
upon it.
Which leads me to .... how did they get your address and contact details, other than .... via Costco?
???0 -
In terms of law the council have no different powers of interview than you or I. I could invite you for an interview for any reason ok and the council have no additional rights or priviledges than I do to interview you
They will use the same tape recorder as I would, same video camera as I would and same legal council as I would and the evidence would be equally valuable and you could just as easily incriminate yourself.
The only difference is that the council have a perceived higher level of authority in the same way that people in uniform garner a higher level of trust on a subconcious level
If I ask you to come for an interview I'm sure you'd tell me to sling my hook
I queried an earlier poster's comment that someone attending an interview voluntarily was entitled to free legal advice. I don't think they are.
Unfortunately you appear to have then extended my comments on a very specific area to the whole investigation and interviewing process, something I am aware of.
0 -
I queried an earlier poster's comment that someone attending an interview voluntarily was entitled to free legal advice. I don't think they are.
Unfortunately you appear to have then extended my comments on a very specific area to the whole investigation and interviewing process, something I am aware of.
https://www.surrey.police.uk/policies-and-procedures/voluntary-attendance-procedure/
Second result in google: rights 3.30 -
It's a nice way to think things happen, but then there have been many high profile cases in the last 12 months where evidence was disregarded when it was convenient.
Are you quite sure it is free legal advice? Perhaps to put it to bed once and for all you can provide the relevant section in the PACE codes.
My wording was clumsy but judges always remind juries of the level of proof required to reach a guilty verdict. I think most people knew what I was getting at.
The defendant, or certainly their legal team would know of it's existence as it would be unused material. As it assists the defence / undermines the prosecution that information would be required to be entered on the relevant disclosure form.0
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