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Old 02 October 2004, 04:43 PM
  #1  
alcazar
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Question Another police advice thread.

Had a phone call on wednesday from a PC asking to speak to my 18 year old. My lad spoke to him and agreed that he could come to our house today at 11am to "have a little chat about an incident", but the copper declined to say about what, as that would constitute an interview(???).

Anyway, when he arrived today, (45 minutes late ), he then cautioned my lad and carried out an actual interview. I was not at home.

WTF?

Apparently, it's about someone setting a fire behind some shops, and my lad "was seen" in the area.

Seems like slightly underhand tactics here, or is this sort of thing normal?

My kid assures me he has had nowt to do with any fires, and I believe him, I can always tell when he IS lying:

Alcazar
Old 02 October 2004, 05:06 PM
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Dracoro
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What's the problem? Your lad was seen in the area and the police are chasing up leads. I think the caution bit is a legal requirement for any interviews. I guess the result is OK as they haven't arrested him. They're doing their job, just be co-operative and shouldn't have anything to worry about, unless he did start the fire of course
Old 02 October 2004, 05:23 PM
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yeah - you get 'the caution' for everything. Even if you dispute a parking ticket. This is different from 'a caution' (You have the right to remain silent etc) where the police think he is more than likely guilty but they don't have enough evidence to take him to court of the offence is minor. The caution in that case would be 'Don't do it again or else'
Old 02 October 2004, 07:24 PM
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I see what you are saying, but I thought it a little underhand to say they were coming round for "a little chat", then start with the caution and full interview thingy?

I do have VERY good reasons to mistrust the police, (they gave them to me: ) so perhaps I'm paranoid:

Alcazar
Old 02 October 2004, 07:39 PM
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I think the "caution and interview" bit may just have been scare tactics. G/f is an Appropriate Adult for Social Services and attends Police interviews where kids (under 18) are arrested and interviewed. For a "proper" interview, there will be more than one police officer present, the person being interviewed will have been told that they can have a solicitor present, a parent/guardian/appropriate adult will also be present, and the whole thing will be taped.

Assuming that it was just the copper and your son that were present and that it was done at your home, it doesn't sound like a "real" interview. It sounds more like the cops just following up some leads and asking general questions. There was probably also an element of "We think it might have been him but can't prove anything, so let's try to scare him a bit", involved.
Old 02 October 2004, 07:54 PM
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Caution before interview isn't to scare - it's a legal requirement.

To speak to your son at your home he must have told your son that he could insist that the police officer leave without any answers being given.
Old 02 October 2004, 10:41 PM
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Originally Posted by fatherpierre
Caution before interview isn't to scare - it's a legal requirement.

To speak to your son at your home he must have told your son that he could insist that the police officer leave without any answers being given.
Not according to the lad, but he DID tell him he could have a solicitor, and asked him to say WHY he didn't want one:

Afraid my answers would have been "No comment", and "Goodbye".

Alcazar
Old 02 October 2004, 10:59 PM
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I wouldnt worry too much if you trust your son.I would suggest take legal advice and be prepared though.Just because your son has been seen in the area, it doesnt prove he caused fire or he had any relation with that incident.Police are in within their rights to conduct an interview but they have to have enough evidence to charge anyone.
If your son has ben harrassd by police a few times, talk to your son and find out whether he is hanging about with some anti-social kids or what.If Police seem to be unfair, you can formally complain against them for harrassing your son.
Old 03 October 2004, 10:59 AM
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Originally Posted by alcazar
Afraid my answers would have been "No comment", and "Goodbye".

Alcazar
nice atitude.......wonder if someone says that when the police ask them about a crime against you?

if your kid did it then tough, if he didn't then answer the questions and be done with it......he's hardly Oswald.

and as for the cop being late........maybe he was busy???? he's not a traveling salesman he prob has other things to do that day beside be on time for a meet with someone who he thinks may get their kicks from burning things down!
Old 03 October 2004, 11:05 AM
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Originally Posted by Tiggs
nice atitude.......wonder if someone says that when the police ask them about a crime against you?

if your kid did it then tough, if he didn't then answer the questions and be done with it......he's hardly Oswald.

and as for the cop being late........maybe he was busy???? he's not a traveling salesman he prob has other things to do that day beside be on time for a meet with someone who he thinks may get their kicks from burning things down!
Every one is busy. I'd have given him 10 minutes, then gone out and told HIM what time to call round next time.
Old 03 October 2004, 11:15 AM
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Originally Posted by alcazar
Afraid my answers would have been "No comment", and "Goodbye".

Alcazar
Unfortunately with an attitude like that, (when it could so easily have been your shed, garage etc someone else was trying to burn down) the Police can never get it right.

Your 18 year old picks the attitude up from you, hey presto, it goes on.

Think about it, rise above the embarrassment you may feel because it's your son "in trouble", look at it as your son helping with enquiries to solve a crime, just like you'd expect from some other lad had it been your shed or something being torched.

At 18 years of age even being suspected of such things is alien to me, I mean 18 ffs, 12 maybe but 18!!!
Old 03 October 2004, 11:16 AM
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Originally Posted by DJ140
Every one is busy. I'd have given him 10 minutes, then gone out and told HIM what time to call round next time.

so you are in fo a meeting at 11am....yet decide to go out at 11.10am when you know it would be impossible to do so based on your original expectations of an 11am start....why not just ask the cop to be quick when he arrives to make up for lost time?

in fact, if a cop was coming to see you at 11am about a crime he suspected of you being involved in and he arrives at 11.10 to see you on the way out you are gonna look at prize fool.
Old 03 October 2004, 11:25 AM
  #13  
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Must agree with the time thing though.

An arranged time is an arranged time. At the very least a phonecall to say he'd be late was in order.

You then have the chance to say over the phone if this new time is acceptable to you or whether or not a new appointment needs to be arranged.
Old 03 October 2004, 12:09 PM
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I can appreciate both comments about my attitude, but I'd ask both of you the same question: have the police ever given you reason NOT to trust them?

If the answer is "yes" and you STILL question my attitude, you're naieve (sp?) to say the least, and if the answer is "no", you aren't qualified to post an opinion.

No offence guys, but as I said, I have compelling reasions NOT to trust the police!

I HAVE also contacted them for help in the past, on more than one occasion and received little or none. In future I'll not bother. As they say "once bitten, twice shy!"

Alcazar
Old 03 October 2004, 12:24 PM
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Alcazar- Trust in the Police yourself doesn't really have any bearing whatsoever on what your Son may or may not have been involved in.

If they want to interview your Son, not you, at 18 years of age he is responsible for that.
Old 03 October 2004, 12:53 PM
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also, your attitude is a bit "policist!", do you distrust the cop who made the meeting or just all police based on your previous experience?

i was short changed once but i dont regard all checkout girls as theives.
Old 03 October 2004, 03:09 PM
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i was short changed once but i dont regard all checkout girls as theives
I wasn't short changed, no, it was a LITTLE more serious than that:, and I don't want to elaborate on here.

And yes, since it's not the only example, I'm afraid I distrust the whole lot, I've found it a healthy way to be: if you distrust someone, you aren't going to be surprised when they let you down, crap on you, etc etc, and you're unlikely to allow tham to get you into more bother.
Sorry, but "once bitten" should have read "several times bitten".

Sorry if it's not what people want to hear, but my experience has been that coppers certainly DO tell lies, and those lies can lead to all sorts of trouble for others!.

So I advise my kids, and anyone else, to say as little as possible to them, and to trust them as far as you could chuck a car load:

Pointless arguing really, I'm not going to change my mind now, it's too late, I've been let down, lied to and shat on too many times! If I were to meet the best cop in the world today, it would be the exception that proves the rule, AFAIAC.

You can continue to post if you want, I shan't..........been there, had that done to me, so I KNOW!:

Alcazar
Old 05 October 2004, 10:47 AM
  #18  
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OK, so when you get burgled next time, phone the police and say as little as possible
Old 05 October 2004, 11:59 AM
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At least there actually checking up on something, as you all know my shed was broken into while we were away on hoiliday, came back reported it on the 28th, as yet no Officer as bothered to come round to look at the shed or even take a statement
Old 05 October 2004, 01:07 PM
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Originally Posted by alcazar

Afraid my answers would have been "No comment", and "Goodbye".

Alcazar
The next line would probably be "I'm arresting you on suspicion of arson....."

Then it would be a trip down to the local nick, sit in a cell, wait for you solicitor to turn up, interviewed then bailed, pending further enquiries.

In total, 3-4 hours if you're lucky.

Alternative, a few questions and answers in the comfort of your own house.

Go figure.
Old 05 October 2004, 01:09 PM
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Originally Posted by alcazar
I wasn't short changed, no, it was a LITTLE more serious than that:, and I don't want to elaborate on here.

Alcazar

the seriuosness is not relevant...if i had been shot by a checkout girl i still wouldnt blame all off them......yo are basing your opinion on many on the act of a few.

T
Old 05 October 2004, 01:20 PM
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Originally Posted by Tiggs
the seriuosness is not relevant...if i had been shot by a checkout girl i still wouldnt blame all off them......yo are basing your opinion on many on the act of a few.

T
Come on Tiggs - You don't know what has gone on here - If you were shot by every checkout girl you had dealings with you might start to think about online shopping .

I don't know what has gone on either but there are plenty of bad apples out there - apparently .
Old 05 October 2004, 01:23 PM
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The officer gave your son the option of a solicitor, which to continue the interview he had to turn down. So whats the problem? The cop wasnt going round for a cup of tea, if he thought it was a visit for a social chat then you havnt educated him properly in the way the world works.

I have been asked to visit for interview over the phone, its normal police practice. What do you want, the police to have to do even more paperwork and send you out a detailed letter on why they want to talk to you? A quick phonecall to arange an interview is far more sensible and practical.
Old 05 October 2004, 04:13 PM
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The option of legal advice is only valid when interviewed at a ploice station.

He should have issued your son with a 'caution plus 1'. The standard caution with the option of your son asking the officer to leave the house.

Caution plus 2 is the same, but at a police station with the added option of a solicitor being present.

So if this is what happened the officer broke the rules of PACE and any interview is therefore invalid.
Old 05 October 2004, 08:48 PM
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""you aren't qualified to post an opinion""

What qualifies someone to have an opinion then? Everyone has an opinion you have your wrong opinion and I have my right opinion.
Old 05 October 2004, 09:08 PM
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didnt know that dad, interesting.
Old 06 October 2004, 12:17 PM
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Originally Posted by fatherpierre
The option of legal advice is only valid when interviewed at a ploice station.

He should have issued your son with a 'caution plus 1'. The standard caution with the option of your son asking the officer to leave the house.

Caution plus 2 is the same, but at a police station with the added option of a solicitor being present.

So if this is what happened the officer broke the rules of PACE and any interview is therefore invalid.
EH???? What????? What are you talking about

If you interview a person/suspect about an elleged offence it must be under caution (You do not have to say anything, but it may harm your defence.....etc)

If it is done at a police station, you have the right to free and independant legal advice (ie a solicitor). If it is done at a place away from a police station, legal advice is down to the person's expense. If he is at home then he will not be under arrest and so can leave the interview at any point.

Therefore there is no breach of PACE
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