Interview Under Caution

[Ludwig]

Just say no comment.

^^ this ^^. Even when they’re hitting you with a rubber hose.

 

[Fletch73]

Thanks for the advice everyone. Some better than others!
No call back yesterday about this even though they said they would. Guessing they have better things to do.
Off out to enjoy the weekend.

 

[dangermows]

Thanks for the advice everyone. Some better than others!
No call back yesterday about this even though they said they would. Guessing they have better things to do.
Off out to enjoy the weekend.

Got nowt on you. Enjoy.

 

[Ghost of Bagpuss]

You are under no obligation whatsoever to write a letter of apology, might be wise to though.

Surely a letter of apology is an admission of guilt? Fuck that.

 

[FootballFan]

In that case I am paid a lot of money to be an armchair policeman. I might request an armchair actually, more comfortable than the chairs we have

If a serial killer comes to my party I will just take yer advice and do nothing then. Sure thats the way to go.

 

[Deleted member 22590]

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.

Not read the full thread so apologies if this has been covered. From your OP, sounds like you'd be eligible for a conditional caution if your happy to go down that route. So, police haven't got resources to go to every shoplifting and minor offence anymore and believe it isn't fair for someone to even have a caution on their record( thus a criminal record) for trivial one offs. So the conditional caution is basically an attempt to remove the criminal justice system from the process. You get interviewed, cough the alleged assault and it's resolved by you writing a letter of apology. No criminal record, no caution, sorted.
Or deny it or no comment and risk a court appearance which ultimately, by the sounds of it and if found guilty, would end in you paying the " victim" a few quid and getting a caution. Your move @Fletch

How?

There’s no evidence of a crime currently?

All you have is somebody’s word. They maybe lying.

Do you not have to establish a crime took place before a suspect can be identified?

If someone rings the police and says they've been burgled, it's recorded as a crime before a cop even goes out to the address. If, it later transpires that the burglary allegation can be proved to be bollocks, it can be " no crimed". I think what you need to understand is that anyone can arrest someone if they believe that person is responsible for a crime. A police officer can arrest anyone who they suspect has committed a crime.

 

[Deleted User 2893]

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.

As it stands he is a suspect in an assault case against this person. Going round to have a chat is madness. What if the victim then reports that? Being family makes no difference, it didn't stop them making an initial allegation over what sounds to be a very reasonable act

 

[CatRyan]

I wouldn't even call the police in these circumstances.

 

[Deleted User 2893]

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

I have already told him that he will not be under arrest and he will be free to leave, that is two parts of the caution +3.

Your advice I said didn't apply relates to detained people, he is free to leave at any time therefore is not a detained person nor in police custody.

Not read the full thread so apologies if this has been covered. From your OP, sounds like you'd be eligible for a conditional caution if your happy to go down that route. So, police haven't got resources to go to every shoplifting and minor offence anymore and believe it isn't fair for someone to even have a caution on their record( thus a criminal record) for trivial one offs. So the conditional caution is basically an attempt to remove the criminal justice system from the process. You get interviewed, cough the alleged assault and it's resolved by you writing a letter of apology. No criminal record, no caution, sorted.
Or deny it or no comment and risk a court appearance which ultimately, by the sounds of it and if found guilty, would end in you paying the " victim" a few quid and getting a caution. Your move @Fletch



If someone rings the police and says they've been burgled, it's recorded as a crime before a cop even goes out to the address. If, it later transpires that the burglary allegation can be proved to be bollocks, it can be " no crimed". I think what you need to understand is that anyone can arrest someone if they believe that person is responsible for a crime. A police officer can arrest anyone who they suspect has committed a crime.

Community resolution Gav, not a conditional caution. I personally think they are very useful when used properly. I was doing them in Northumbria back in about 09 or 10, they have only just brought them in down here, and because of the above I got the job of borough SPOC, great fun!!

What would your advice be about the suspect going round for a chat, even a friendly one? To me that's a huge no no, if it came out that he has done that then it is opening up more of code G for the original offence as well as potentially more offences.

 

[FIVE]

Thanks for the advice everyone. Some better than others!
No call back yesterday about this even though they said they would. Guessing they have better things to do.
Off out to enjoy the weekend.

Allah akabar............no comment in pc speak.

 

[soapster]

I have already told him that he will not be under arrest and he will be free to leave, that is two parts of the caution +3.

Your advice I said didn't apply relates to detained people, he is free to leave at any time therefore is not a detained person nor in police custody.



Community resolution Gav, not a conditional caution. I personally think they are very useful when used properly. I was doing them in Northumbria back in about 09 or 10, they have only just brought them in down here, and because of the above I got the job of borough SPOC, great fun!!

What would your advice be about the suspect going round for a chat, even a friendly one? To me that's a huge no no, if it came out that he has done that then it is opening up more of code G for the original offence as well as potentially more offences.

the clue is know your audience. he is not going to threaten or intimidate or even persuade. If he is asked to leave he does so. if he is told they don't want to talk, he just walks away. allow people to settle the difference amicably

 

[Deleted member 22590]

I have already told him that he will not be under arrest and he will be free to leave, that is two parts of the caution +3.

Your advice I said didn't apply relates to detained people, he is free to leave at any time therefore is not a detained person nor in police custody.



Community resolution Gav, not a conditional caution. I personally think they are very useful when used properly. I was doing them in Northumbria back in about 09 or 10, they have only just brought them in down here, and because of the above I got the job of borough SPOC, great fun!!

What would your advice be about the suspect going round for a chat, even a friendly one? To me that's a huge no no, if it came out that he has done that then it is opening up more of code G for the original offence as well as potentially more offences.

Ah - you're right community resolution. Not for the first time you've put me right on this sort of thing- spent my last few years away from the frontline, a long way from it actually, is my excuse- it's changed massively in a short time. I haven't been through the thread but you're saying he shouldn't do the VA route? If the allegation has been formalised, he doesn't really have an option unless I'm Missing something?

Hang on, so it's being suggested that he just goes round to the alleged victims place to clear the air? If I've got that right, then no, that's ridiculous if a complaint has been recorded.

 

[soapster]

Ah - you're right community resolution. Not for the first time you've put me right on this sort of thing- spent my last few years away from the frontline, a long way from it actually, is my excuse- it's changed massively in a short time. I haven't been through the thread but you're saying he shouldn't do the VA route? If the allegation has been formalised, he doesn't really have an option unless I'm Missing something?

Hang on, so it's being suggested that he just goes round to the alleged victims place to clear the air? If I've got that right, then no, that's ridiculous if a complaint has been recorded.

has it been recorded, we don't know that.

the problem with serving police is that sometimes they get so tied with procedures they sometimes forget there is a real world out there with nice people in it. sometimes things can get sorted with an apology and a handshake. The thing is, know your audience. if knowledge says don't, then don't.

 

[Deleted member 22590]

has it been recorded, we don't know that.

the problem with serving police is that sometimes they get so tied with procedures they sometimes forget there is a real world out there with nice people in it. sometimes things can get sorted with an apology and a handshake. The thing is, know your audience. if knowledge says don't, then don't.

Aye mate, the problem with that is if cops don't follow the rule book, theres a wealth of people itching to complain and get them sacked. " I'll have your job" is the regular refrain of the social underclass at any hint that their complaint that their neighbours dog shits in their garden hasn't been recorded and investigated. Your point is valid but sadly very naive.

 

[soapster]

Aye mate, the problem with that is if cops don't follow the rule book, theres a wealth of people itching to complain and get them sacked. " I'll have your job" is the regular refrain of the social underclass at any hint that their complaint that their neighbours dog shits in their garden hasn't been recorded and investigated. Your point is valid but sadly very naive.

I can appreciate what you say, but giving the people to patch up before the law steps in and perhaps makes the gulf between them even greater. especially if he gets cautioned and it is recorded on his crb or is it drb now.

Not all people out there will say "Ill have your job" its a tiny minority and we are allowing the tiny minority to rule out common sense and a sensible approach.

Which is why I say "know your audience"

a lot of people have a lot of respect for the police and know it is a hard job and sometimes impossible job.

 

[dangermows]

Just say you're a Christian and all will be well.

 

[Deleted member 30853]

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 picked a fight with @CatRyan???

Just be very careful not to implicate yourself further and play down your side of it.

Say you didn't see the shove as a big deal as such and you're surprised it's been blown up out of all proportion, along the lines of "go away" if you can.

If any accusations are that you did more than actually happened, then "that didn't happen" with "no comment without a solicitor present" if the questioning becomes more hostile.

An "apology" letter might be the best way out of this if you don't want a record, albeit just a caution at worst,

Most importantly, be truthful from your point of view whilst playing it down.

 

[Deleted User 2893]

has it been recorded, we don't know that.

the problem with serving police is that sometimes they get so tied with procedures they sometimes forget there is a real world out there with nice people in it. sometimes things can get sorted with an apology and a handshake. The thing is, know your audience. if knowledge says don't, then don't.

It should have been recorded under home office counting rules, if not the copper dealing with it has left themselves wide open

Ah - you're right community resolution. Not for the first time you've put me right on this sort of thing- spent my last few years away from the frontline, a long way from it actually, is my excuse- it's changed massively in a short time. I haven't been through the thread but you're saying he shouldn't do the VA route? If the allegation has been formalised, he doesn't really have an option unless I'm Missing something?

Hang on, so it's being suggested that he just goes round to the alleged victims place to clear the air? If I've got that right, then no, that's ridiculous if a complaint has been recorded.

I am sure there is plenty that you know more than me about in the murky world of CID!!

 

[Bears Beets]

No comment interview

 

[Guinness Guzzler]

I know absolutely nothing about policing and I'm no type of lawyer either so my advice will be bollocks. Still, if it was me I'd arrange a time to speak to the police and, rather than saying no comment, I'd just give a full and honest account of what happened. If you say she was looking to get up and you just tried to restrain her to prevent it getting out of hand then just say it. That's then your side of events recorded. If she can show a massive fuck off bruise on her shoulder then they might be able to say you used too much force but assuming that isn't the case and she doesn't have any marks etc I'd personally be surprised if they took it further unless she has several witness supporting her that there was more to it

I've thankfully had very few dealings with the police, just one arrest and when that happened I did the above, was just completely honest and let them do their job. Ended up with a NFA