Interview Under Caution

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Fletch73 said:
Wasn't even pushed over mate. She was trying to get up off the sofa to get in the face of someone and I put my hand on her shoulder to stop her getting up.
Absolutely mental.
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With that information, your statement to the police should be that she was behaving aggressively and tried to launch herself at (whoever it was). You were attempting to restrain her from assaulting someone else, and prevent her escalating a situation that would cause potentially dangerous stress to an ill and vulnerable person.
 
Most of the above is typical bollocks from the armchair lawyers of the SMB.

An allegation of assault has been made against you and needs to be investigated. The process for that is by you being interviewed. That can be done by either arresting you or a caution plus three interview. To be arrested under PACE one of the conditions under code G must be met, in this case they probably aren't. The caution + 3 will take place by appointment suitable for both you and the investigating officer at a police station. If you don't attend the agreed appointment or keep refusing to cooperate with arranging one then code G becomes applicable and you will be liable to arrest. The +3 bit relates to, you are not under arrest, you are free to leave at any time, and you are entitled to legal advice. If you do choose to leave then again one of the parts of code g potentially becomes active and you are liable to be arrested.

The letter of apology part comes from community or restorative justice/resolution, the name varies force to force but is the same thing. It is designed for lower level offences where the suspect admits their guilt. Rather than the case going to court which is very expensive and time consuming, it is an out of court disposal. It can be a variety of things, shoplifters being banned from premises, apologies for crimes, repairing damage etc.
 
duff_man said:
Most of the above is typical bollocks from the armchair lawyers of the SMB.

An allegation of assault has been made against you and needs to be investigated. The process for that is by you being interviewed. That can be done by either arresting you or a caution plus three interview. To be arrested under PACE one of the conditions under code G must be met, in this case they probably aren't. The caution + 3 will take place by appointment suitable for both you and the investigating officer at a police station. If you don't attend the agreed appointment or keep refusing to cooperate with arranging one then code G becomes applicable and you will be liable to arrest. The +3 bit relates to, you are not under arrest, you are free to leave at any time, and you are entitled to legal advice. If you do choose to leave then again one of the parts of code g potentially becomes active and you are liable to be arrested.

The letter of apology part comes from community or restorative justice/resolution, the name varies force to force but is the same thing. It is designed for lower level offences where the suspect admits their guilt. Rather than the case going to court which is very expensive and time consuming, it is an out of court disposal. It can be a variety of things, shoplifters being banned from premises, apologies for crimes, repairing damage etc.
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What happens if they're not guilty? Does the investigation trundle on but escalate to arrest before going NFA?
 
A well known sunderland underworld enforcer would have advised the complainent and any witnesess to retract.
Just saying.
 
If you're not guilty, tell them exactly what happened. I assume there are witnesses if the person pressing charges wants to continue?

If you haven't let on exactly what happened, and did get a bit physical, agree to the apology and leave it at that.

Pretty simple really.
 
HABA87 said:
What happens if they're not guilty? Does the investigation trundle on but escalate to arrest before going NFA?
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Heis suspected of an offence so that needs to be investigated. Being arrested does not show any presumption of guilt. If the suspects admits the offence then an out of court disposal can be issued such as community resolution, simple caution, conditional caution etc. If they don't admit the offence or raise a defence, once the investigation is complete and all available evidence has been gathered the case will go to a dedicated decision maker or evidential review officer, I have the pleasure of being one. They will review the evidence and apply a two stage test, evidential and public interest. If the case passes both then it will be sent for trial. If if doesn't then the case can be NFA or if there is a chance further evidence will become available then the suspect can be bailed or released under investigation. Bail laws changed last year and is much less commonly used than before

DLT said:
If they want to interview you under caution ask for the duty solicitor before speaking with them. Ask for their copy of PACE if you want some light reading while you wait. That's if you were in the station.

If it's at home I'd be contacting a solicitor in advance. Just make sure they specialise in criminal law and not family or property and the like.
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The first part of your advice would only apply if he was under arrest, he would be attending the police station voluntarily so PACE would not apply in that respect
 
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DLT said:
If they want to interview you under caution ask for the duty solicitor before speaking with them. Ask for their copy of PACE if you want some light reading while you wait. That's if you were in the station.

If it's at home I'd be contacting a solicitor in advance. Just make sure they specialise in criminal law and not family or property and the like.
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At last.
 
Fletch73 said:
Wasn't even pushed over mate. She was trying to get up off the sofa to get in the face of someone and I put my hand on her shoulder to stop her getting up.
Absolutely mental.
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Jesus Christ. Whoever has grassed you up must be a right melt
 
Fletch73 said:
The relative whose house it kicked off in is in bad health and was hospitalized yesterday with chest pains. I'm minded to do anything just to make this go away for him.
However, the person making this claim is an absolute c**t who would hold it over me.
I've also got a big problem with admitting in any way I've been physical toward a woman, which I'd never be.
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