sgtkate Posted June 4, 2015 Share Posted June 4, 2015 (edited) Correct. ... And they will say>> Am I under arrest. >> No we just want to talk to you. Ok I have nothing to say. Please go away. Simple!!! Or I am going home!! When the police want to talk to you >>>>> They have nothing!!! If they did you would be charged And Under Arrest straightaway. . No matter what >>> Say nothing >>> Repeat >> No Comment << .. That is the FIRST THING your lawyer will tell you. innocent or not… Put simply Don’t talk shut up. You are talking rubbish. For anyone to be arrested there has to be a reason that the matter could not be dealt with through other means. Here is the list: Prompt and effective investigation Prevent harm to themselves or another Prevent further decency offences Prevent loss of evidence Prevent damage to property Prevent the disappearance of the suspect in question Reason to doubt/unable to confirm the name and address of the person Prevent an obstruction of the highway A police officer has to give 2 reasons from that list. So a child who has been accused of hitting another child out because of bullying. Which of those fits? I doubt even prompt and effective investigation in this case - you don't need to arrest her to talk to her etc. Nothing else fits at all therefore there are no legal ground upon which to make an arrest. The police are actively encouraged NOT to arrest unless there is an urgent and dire need for it as it can be dealt with in many other ways, such as warrants and summons etc. Even once you have been arrested there is no legal requirement to answer any questions. Being arrested changes nothing about your rights. However, not talking to the police voluntarily can easily lead to an summons by a court and then lead to arrest if you fail to attend, so all you are likely to achieve by being obstructive is further trouble for yourself. Mossway's advice is pretty decent. ---------- Post added 04-06-2015 at 13:19 ---------- I'll just put this here. It's quite long at 48min but explains why you should never talk to the Police. https://www.youtube.com/watch?v=6wXkI4t7nuc Or if that's too long, just read this... http://www.larryformanlaw.com/blog/why-you-should-never-talk-to-the-police-period That's from America. Pretty much all of the points in there are not valid for UK law. But if you don't want to speak to the police then that is your right. If you have done nothing wrong and there isn't any evidence to prove otherwise saying nothing might well be the best case of action as you might say something that accidentally questions your statement. However, you cannot be convicted on your own testimony alone. Even if you went to a police station and said I killed someone and even took them to the body, if there was no other corroborating evidence it would never even get to court. Oh and that's a lawyers page. Hardly going to put "in most situations getting a lawyer just makes things way more complicated than they need to be. The police are often just trying to do their job and part of that involves speaking to people who are possible connected to the crime in someway even if they aren't guilty of anything." Edited June 4, 2015 by sgtkate Link to comment Share on other sites More sharing options...
monkey104 Posted June 4, 2015 Share Posted June 4, 2015 (edited) Correct. ... And they will say>> Am I under arrest. >> No we just want to talk to you. Ok I have nothing to say. Please go away. Simple!!! Or I am going home!! When the police want to talk to you >>>>> They have nothing!!! If they did you would be charged And Under Arrest straightaway. . No matter what >>> Say nothing >>> Repeat >> No Comment << .. That is the FIRST THING your lawyer will tell you. innocent or not… Put simply Don’t talk shut up. Good grief! Where do you get your information from? An allegation has been made to police. It is their job to substantiate or disprove the allegations. This would be done by means of a voluntary interview. Even though she is a child she is still of an age where she is criminally responsible. An appropriate adult will be present as will a solicitor, weather duty solicitor or one of their own choosing. The first thing a solicitor does not say is shut up! He will ask the officer what the evidence is and formulate a response based on evidence. Suspects are only arrested in extenuating circumstances and for certain offences and certain criteria met for that arrest. Voluntary interviews are the norm these days. What do you think police will do? Just walk away and leave an offence to slide because the suspect won't come for interview? Edited June 4, 2015 by monkey104 Link to comment Share on other sites More sharing options...
Mossway Posted June 4, 2015 Share Posted June 4, 2015 If, for instance, Billybob is arrested for an Assault, and his defence is 'self defence' he would be well advised to raise that defence in interview. Because, if he doesn't, when it comes to Trial he will first be asked (if he gives evidence) why he didn't give this explanation when it was fresh in his mind weeks- or even months earlier. Secondly the Court will be told that it may draw a 'proper' inference from his refusal to give an explanation in the Police Station. That proper inference, is, of course, invariably adverse. Link to comment Share on other sites More sharing options...
megalithic Posted June 4, 2015 Share Posted June 4, 2015 A kid got his ass handed to him by a girl, and his parents want to make a huge fuss about it. Cool. Link to comment Share on other sites More sharing options...
Timeh Posted June 5, 2015 Author Share Posted June 5, 2015 Thanks for the advice everyone. Ive passed it all on Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now