Interview Under Caution

Don't let the police into your house once in it hard to get them to leave, keep them at the door it will keep them on the back foot.
 


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.

If he put WITHOUT PREJUDICE at the top of his apology does that not mean the written apology cannot be used in court without both parties agreement?

This usually the case in written (or verbal) communication that could result in a civil case.

Alternatively he may be able to word it into his apology such as:

Without prejudice, I apologise for my part the incident.

Don't let the police into your house once in it hard to get them to leave, keep them at the door it will keep them on the back foot.

That's not true actually, you can ask the police to leave at any moment if you don't like the way she interview is going. Then they must leave or arrest you.

It's one of the reasons the police are wary of entering a property on invite without a warrant because they have no effective power.

Thy are in your home as a guest, like anyone else.

If they are looking to arrest you they would probably do that straightaway.
 
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Doubt the police have any authority to tell you to do this.

Also, if they accused you of doing something you would deny in court they have actually slandered you - you're protected by the DPA and they should not be talking to anybody other than you about anything concerning you.

I forget what it is called, buts a way of getting dispute sorted, without the need for recorded legal action. same say if an 11 year old kid nicks a bar of chocolate from a shop. rather that being arrested and charged or receiving a caution, if the agreeved person agrees and it fits within the criteria, if the kid agrees to say, sorry, I now realise I was wrong. The crime can be recorded as finalised by ******** resolution (forgotten the name of it).

have you done it. even pushing somebody is a common assault.
is there witnesses

how important is not having a criminal conviction against your name. even later on for crb checks.

ensure this is the intention of the officer.

might even be worth going round to the victims house and saying, looks things got a bit stupid, things were said that shouldn't have been. I'm sorry. offer a handshake

he might contact police and withdraw the allegation
 
I forget what it is called, buts a way of getting dispute sorted, without the need for recorded legal action. same say if an 11 year old kid nicks a bar of chocolate from a shop. rather that being arrested and charged or receiving a caution, if the agreeved person agrees and it fits within the criteria, if the kid agrees to say, sorry, I now realise I was wrong. The crime can be recorded as finalised by ******** resolution (forgotten the name of it).

have you done it. even pushing somebody is a common assault.
is there witnesses

how important is not having a criminal conviction against your name. even later on for crb checks.

ensure this is the intention of the officer.

might even be worth going round to the victims house and saying, looks things got a bit stupid, things were said that shouldn't have been. I'm sorry. offer a handshake

he might contact police and withdraw the allegation
Community,it’s community Soapster.
 
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.
wo. wo. different. who was the someone. it was defence mechanism to stop the situation becoming worse as it could be (by the way you explained it), that your actions were minimal in order to stop the situation getting worse. it was too keep the party's seperated

Community,it’s community Soapster.
:oops:
 
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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.
I bet you'd love to interview someone under caution, you biff.
 
I forget what it is called, buts a way of getting dispute sorted, without the need for recorded legal action. same say if an 11 year old kid nicks a bar of chocolate from a shop. rather that being arrested and charged or receiving a caution, if the agreeved person agrees and it fits within the criteria, if the kid agrees to say, sorry, I now realise I was wrong. The crime can be recorded as finalised by ******** resolution (forgotten the name of it).

have you done it. even pushing somebody is a common assault.
is there witnesses

how important is not having a criminal conviction against your name. even later on for crb checks.

ensure this is the intention of the officer.

might even be worth going round to the victims house and saying, looks things got a bit stupid, things were said that shouldn't have been. I'm sorry. offer a handshake

he might contact police and withdraw the allegation

Yep, they do it for low level nonsense and this most certainly sounds exactly like that, what kind of berk reports this kind of thing to the Police.
 
I forget what it is called, buts a way of getting dispute sorted, without the need for recorded legal action. same say if an 11 year old kid nicks a bar of chocolate from a shop. rather that being arrested and charged or receiving a caution, if the agreeved person agrees and it fits within the criteria, if the kid agrees to say, sorry, I now realise I was wrong. The crime can be recorded as finalised by ******** resolution (forgotten the name of it).

have you done it. even pushing somebody is a common assault.
is there witnesses

how important is not having a criminal conviction against your name. even later on for crb checks.

ensure this is the intention of the officer.

might even be worth going round to the victims house and saying, looks things got a bit stupid, things were said that shouldn't have been. I'm sorry. offer a handshake

he might contact police and withdraw the allegation

Do not do this. If they have made an allegation of crime against you then you could well be opening a huge can of worms

I bet you'd love to interview someone under caution, you biff.

No actually I wouldn't.
 
Do not do this. If they have made an allegation of crime against you then you could well be opening a huge can of worms

I don't think I would do that once the police are involved. If the person is vindictive they could wrongly accuse you of intimidation and as you had made the approach you could appear to be the aggressor.
 
Any body ever been subject to one?

During a family dispute last week I (allegedly) shoved someone - they phoned the police.

This happened 11 days ago and I assumed they had thought the claim of assault was stupid as they never came to my house on the day despite it being 30 seconds around the corner from where the argument took place.

Officer came to my house yesterday while I was out and told person there he'd ring today to arrange time to come back and conduct interview. He also said I might be required to write a letter of apology to the 'victim'.

Any ideas? Obviously I've got a bag packed, ready to flee the country.
You need a solicitor. This is free for everyone. If you’re NE based PM me
 

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