Interview Under Caution

duff_man said:
When a person reports a crime to the police it will be treated as a crime unless on the balance of probabilities the did a crime did not occur or there is available evidence to show that the crime did not occur? Have a read of the home offence counting rules.

If the person has blatantly lied then they may be investigated for wasting police time
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You have proved yerself to be an armchair policeman in the past.

Forgive us if we ignore you.
 


Fletch73 said:
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.
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Best place for legal advice is on here like
 
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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All of the above. For a restorative approach/community resolution to be used, you must admit guilt. Without the admission it cannot be used as a disposal.
Its not done to save paperwork at all. Its designed to stop courts being bogged down with low level crime. Will be same paperwork for the cop as he has had to crime the assault anyway.
I always say tell the truth. If you aint done it done be saying you have. Only thing i would say is the cop is jumping the gun a little asking you to write a letter before getting your account

Fred Secrets said:
If the pigs turn up at your door, tell them you have nothing to say to them & to get off your property.
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Or follow this advice for a few hours in custody
 
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Can’t beat a good old sanctioned detection.

But to the op. You don’t have to talk to the cops if you don’t want to. If you don’t then they only have the other sides account to go on though.
 
duff_man said:
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



No actually I wouldn't.
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if you go round in a friendly manner and not making threats, or demand anything, then no issue. it appears they are family, far better to get them to sort is it out in a friendly way rather than it escalate. he does need to be aware if the other side do not want to meet, then he has to respect that.
 
Surely the Police should turn round and tell the silly bitch to grow the fuck up and stop wasting peoples time.

A swift boot in the fanny would sort it all out.
 
Admit nowt.
Deny everything.
Wipe your arse on a sheet of A4 for an "apology". Give it to the copper to give to the aggrieved, then tell him to get out of your house.
 
duff_man said:
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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If disagree on that point. Section 29 of PACE would be of interest to him in such a situation.

Voluntary attendance is covered under section 29 of PACE 1984 and states, “where for the purpose of assisting with an investigation a person attends voluntarily at a police station or at any other place where a constable is present or accompanies a constable to a police station or any such other place without having been arrested -

(a) he/she shall be entitled to leave at will unless he is placed under arrest;
(b) he/she shall be informed at once that he is under arrest if a decision is taken by a constable to prevent him from leaving at will.

Police and Criminal Evidence Act 1984
 

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