alcazar

iTrader: (2)

........just ring you and require you to attend a police station, without telling you what it's about?

My eldest had a phone call today from the police in the town wherte he attends university. it's about an incident that took place, supposedly, on his last day.

He knows of no incident. The female officer asked him to come back to the university town, (about 80 miles), or meet her half way.

Either way, he will lose a day's pay, (he's presently working 13 hour days and is on nearly £160 a day). He needs to earn as much as he can to subsidise next year's studies.

The officer declined to tell him what it was about, and threatened that if he didn't co-operate, she could "do this in custody".

Does anyone know what his rights are here?

CAN they require you to travel to a police station in another town?

If they do, what are YOUR rights re: travel, and having to take time off work?

Can they refuse to tell you want it's about?

Does he have the right to attend a police station of HIS choice at a time of HIS choosing?

Thanks for any advice.

Please try and treat this seriously, it's not a joke to my son.

Leslie

I find it difficult to believe that they can take such action. Surely they can only request your presence at a police station of your own choice unless they have sufficient evidence to arrest you. If this woman wants to get some kind of a statement from your son she should either make the complete trip herself or arrange for him to be seen at a local police statiuon!

Les

hodgy0_2

are they asking, or requiring

f1_fan

iTrader: (9)

If he's absolutely adamant he knows nothing about it I would suggest they come to him at a time to suit him or do it the hard way.... my guess is they have the wrong person or are just being stupid and won't be able to 'do this in custody'. I don't see any reason why he should go to them!

Infected by sti

iTrader: (6)

I don't know if this is fact, but I've been in the same situation twice, first time I point blanked refused to go and surrender myself for something they wouldn't tell me, turns out they an come and arrest you, or at least that's what happened to me, the second time I thought twice about it and explained I'd been in the same situation before and would like to know the reasons behind it, turns out it had nothing to do with me but still had to make a trip to the station as they still needed to proceed with this line of enquiries and was warned that if I didn't attend then there may be a chance I would be carted in against my will, so I went and they still read me my rights, it wasn't a formal arrest just reason me my rights, and again when I asked them if I was not being arrested or anything formally then can I leave at any point at my own accord, to which they replied "yes but you may be refusing to supply information regarding the offence to which we can formally arrest you!

Go figure , last thing your boy wants is a warrant put out (should it get that far) where he can be arrested in any town and then shipped back to the place they want to question him at, and once they are finished its up to him to make his way home, just a friendly heads up from someone who been there

alcazar

iTrader: (2)

Cheers for that.

Looks like we are just about living in a police state after all, then.

What happened to all the freedoms we USED to have?

LSherratt

iTrader: (1)

I'm more interested in his £160 a day!

Snooky

They should tell him what it's about!! If he is to be questioned they wouldn't meet you half way... He has a right to no what he is being questioned about, ask to talk to someone higher than said police woman/man and explain the travel and his circumstances and ask what terms he is being questioned on!! If it were me I would get them to pick me up and drop me home use there fuel and costs!!

bustaMOVEs

iTrader: (31)

If they have asked for you to help/inquire on their inquiry to a further investigation then you are at will to do that, as they don't have to tell you what it's about until they have made sufficient inquiries, if you don't then they will just forward to local police station to collect you if they suspect you have done wrong until proven in interview.
One of them things I'm afraid, that's just law, contact your solicitor who will further advise on how to react.
I got a wanted card through my door, phoned plod and asked what's it about and they said better come to station and I'll find out (didn't tell me at all and made it out that it could be something or nothing) so went down and apparently I assaulted a taxi driver night before (pissed) and in interview I replyed I was pissed and don't remember such a thing so I'm not going to answer any questions if I don't remember the version of event, so I can't give you an interview. Case closed. But wasted all night in cells and couldn't get to work next day as they kept me in overnight and took the **** interviewing me. Cnunts!

robby

Why would the officer offer to meet halfway to question him? surely for a formal questioning that has to be done under caution in a police station not in a car park, etc?

Can he not arrange to call at his local station after work? they could have the questions faxed/ emailed from the other station?

The Pink Ninja

iTrader: (23)

I would make the offer of having the interview at you're local station, Obviously explain the working/loss of earnings situation....at least you are co-operating and showing some willing, See how you go from there.

Chip

If we were living in a police state they would probably have shot him. The law regarding this has been the same for years.

ScoobyWon't

Tell him to contact the officer and ask what her shifts are which fall on his days off or outside his work.

Then arrange for her to meet him at his local nick. This simply means that she isn't going to get sent out on another job which would have left your son waiting around until she gets back from dealing with whatever job comes in.

She'll be pleased as she'll get a day away, plus if it does require him being in custody, rather than just giving a witness statement, he can ask for the duty solicitor.

I used to phone suspects and witnesses to ask them to meet me at the nick, at which point they'd be escorted through the doors and taken to a statement room (for the witnesses) or nicked and taken straight to custody (for the snafs).

ScoobyWon't

Don't forget the 'Police Caution + 3' - Free to leave, Not under arrest, you can have free independant legal advice at the station.

alcazar

iTrader: (2)

Well, she rang him back.
Still refuses to say what, although she went as far as to say, "an incident you may have been involved in..."

She told him he will be interviewed under caution, (does that mean arrested?), and that she will ring again tomorrow to see if it can be done locally to him.

stilover

Doesn't sound good. Think you should ask him what he did on his last day, and with whom.

What he thinks is nothing, may well be something.

Bonehead

Ok so under the big Police rule book, PACE, we have to have a reason why we arrest someone.
For the obvious things like fighting it's "To prevent further offences" but the usual reason 90% of the time is "For the prompt and effective investigation"
In this instance the officer suspects your lad was involved in something and hasn't got sufficient information, evidence, to justify arresting him, or his association with the incident may only be small and she just wants to eliminate his name from the investigation.

Now by not saying what the matter's about she may be worried your son may go and speak with other people he may still associate with who were involved with whatever incident this is

My advice for your son is the same as Scoobywont but also to consider the following:
Is he in contact with the officer? Get her name collar/shoulder number and make it clear to her he's willing to speak with her, but that he has local commitments. As Scoobywont said, ask her when/if she's able to come to your home town.
Has she given a specific reason why she wont tell him about the incident?
Ask if either she can meet him at his local nick, or if a local officer can interview him on her behalf.
Remember he can get a free solicitor at a Police Station

If he refuses to help then that eventually gives the cop grounds to arrest him so that she can speak with him, but if he sorts something with her so he can give his account then she wont have the grounds.
If that makes sense

Any questions please let me know

billythekid

1) He does not have to attend at their request full stop. They are trying to make their job easy. If they wanted to take a statement they would just come and get one. If its serious they are just going to turn up and arrest him.

2) This "I have no idea what its all about dad - honest" is BS. Just being frank with you. He knows. He does not want to tell you. I suggest you sit him down and explain he NEEDS to tell you so you can get him legal help if its needed (which I suspect it is). He could end up with a criminal record etc.

3) You have time NOW to take him and talk to a solicitor. Get this done ASAP. You might find yourself being tripped up at interview and that aint good.

The best thing to do, is sit down, find out what happned. Dont agree to attend or talk to the police until you have done this.

Then, arrange an appointment if your solicitor gives you the green light.

The police do two things (edited to add being general here), they take statements - or they do interviews. Statements are done anywhere.. interviews involve arresting and going to the police station (DNA, fingerprints, photos, PACE interview, bail etc)

Do not attempt to stumble through an interview without a solicitor. If you decide not to get one, before you attend the police station, and he is arrested he will be aksed if he wants one provided and the answer is YES.

He will then get some time to talk to the solicitor before the interview.

Dont forget depending on what has happened they might search your house.

Just trying to give you all the things that can happen.

If you want any advice PM me.

Bonehead

Just seen this: OK so there's not much evidence here linking him to an incident, or it may not be very serious.

An interview under caution means he'll be told "you do not have to say anything but it may harm your defence if you fail to mention, when questioned, something that you later rely upon in court. Anything that you do say may be given in evidence"
Which in English roughly means; the Police are looking into something that may end up in court. Your son doesn't have to answer any of the Police's questions but anything that he does say may be repeated in court, and that the court are looking for him to provide a consistent account of his side of whatever has happened

You can be interviewed under caution without being arrested and the record of the interview has to show that the person interviewed is aware that they are not under arrest and free to leave at any time.

Just stick to what me and Scoobywont have said, make sure he's prepared to give his side of things on tape, and I would advise getting a solicitor if he's never been interviewed before. They'll be able to advise on procedure and it'll help him having someone on 'his' side there as police stations can be intimidating if you're not used them

ScoobyWon't

The whole house? Just his room? His room at Uni?

billythekid

Depends how serious it is, and the nature of the offence. The police dont phone an AP and ask to attend interview, they do that with offenders, or suspected offenders.

Your first port of call, like I said, is sit him down and find out what happened.

Interviews under caution outside of PACE are not something you want to take part in, esp if his is going to disclose offences or make any admissions under the NOW caution. You are still legally obliged to tell them everything, and failing to do so may harm your defence. Hence the need for legal advice before you do anything.

Again its for your solicitor, not the police officers on here - or me either, but I would be refusing to take part unless arrested and given the full protection of PACE.

RobsyUK

iTrader: (2)

Trouble is if you refuse and they arrest you- then dearrest you it goes on record you have been arrested. Good luck getting into america after this.

My wifes brother was arrested - wrong person so dearrested. As it was on his record they refused him entry to canada. Trying to get in america they didn't care what he did or didn't do. They just saw the black line and said NO an Interview and a good reason why he wanted to go there and he got a 10yr visa.

davegtt

Bull****, end of the day he has no legal obligation here. They know where to find him, if they think hes done something wrong they will come and get him, local or otherwise. Simple. A phone call is not an official means of a request, either way, Id remain polite and explain the situation - distance / work etc and politely object to the request. Then stop answering the phone from now on to them. They'll come and find him if its anything of any serious nature. As said earlier, they're just trying to make their own job easier.

davegtt

Bollocks!!! Being arrested is different to being charged or even found guilty of a crime. It means sod all. Even being charged its not a massive issue, a bit of red tape and thats about it

ScoobyWon't

That's not really relevant to this topic. However, I know of people who have been arrested and had no further action taken, who have entered America on the visa waiver scheme, without need for an interview.

mrmadcap

I'll bet they have the older passport without the chip.

davegtt

Depends on severity of the case. I was arrested and charged for Drunk and Disorderly. I didn't apply for any waiver scheme etc. Had no trouble at all getting in. Was 5 years ago but dont imagine its changed that much

ScoobyWon't

If they wanted to make their own life easier, the local officers would turn up at 04:00 and just nick him and take him away. He'd then be detained until officers were able to transport him to the other constabulary, or the officer travelled to the local nick.

At least they are giving him the opportunity to find a time which is suitable to them both and will not mean that he's just missing work without any prior warning.

ScoobyWon't

So if it is of a serious nature, will they search the whole house, just his room, or his room at Uni, seeing as the alleged offence took place at Uni?
What powers do the police have to enter and search a property?

Brun

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