If a police officer asks you to attend a voluntary interview to clear things up about a minor incident with another driver. You may think to yourself that there’s no need to ask a solicitor to attend, After all it’s just to clear things up.
Then the officer starts to ask questions totally unrelated to the incident that you initially thought you’d be talking about. How do you stand if you are then charged with an offence?
It’s like he’s got you in for an interview in a bit of a shady way.
For example: A driver is suspected of stealing from a trailer, So the officer wants to know if you can shed any light on the allegation, But then starts to ask about tacho fraud and you get charged. it’s a bit underhand.
They ‘mumble’ your rights to you at the start of the meeting. Your rights include the right to keep your mouth shut, and to go away.
If you do, genuinely, wish to help then make it plain from the start that you are trying to help them with a specific issue only, that you are not going to talk to them about any other issue, and that your decision as to whether or not to answer questions should not be taken by them as any admission of knowledge or guilt about any topic.
If they are not prepared to grant you that condition then ‘you have the right to remain silent’ as they used to say on the Dooks of Hazzard. In fact, you have the right to walk away, or ask them to leave if they are on your property.
If you are interviewed ‘under caution’ then it’s different, as failure to answer questions when first asked may ‘harm your defence’.
However, under those circs you have the right to say nothing until you have a solicitor present. Police duty solicitors generally do a good job, but won’t be up to the finer points of tacho law. In those circumstances get a specialist (and if you are not in a union and don’t have an employer who is prepared to help you be prepared for a big bill).
It is generally in the interests of your employer to get you a good lawyer. If you don’t have one, you’ll probably be stuffed, and there will be a considerable impact on your employers OCRS score.
limeyphil:
For example: A driver is suspected of stealing from a trailer, So the officer wants to know if you can shed any light on the allegation, But then starts to ask about tacho fraud and you get charged. it’s a bit underhand.
This is easily explained Phil.
The officer was simply investigating what the stowaways had nicked from the trailer and their method of entry.
Next, whilst the officer was checking the front of the trailer, he suddenly found himself unable to move when the magnet on the gearbox pulled so strongly that he was pinioned to the gearbox by the handcuffs in his belt pouch.
The officer now suspects that a tacho fraud is happening, hence your visit to the police station. </TIC mode>
I would agree to attend the interview BUT NEVER without a brief, be that the duty one, which you can request at the nick, or take one with you, they will then contact the filth and arrange a time and day for you to attend, rather then you being at the beck and call of a bully in a uniform. However, if you do go alone and copper starts asking you questions unrelated to what he asked you to attend for, ask for a solicitor. They should advise you to get one anyway, and you have to sign to say if you don’t want one. Everything is on cctv and tape, although coppers being coppers will no doubt lose anything that may cause them trouble. they cannot charge you without hard evidence, and if you’re not guilty they won’t have any, so doing a no comment interview will not incriminate you, but still do not talk to coppers without a brief present EVER.
The police should not question you with a view to getting evidence until they have cautioned you. If you have been arrested, you must not be interviewed before being taken to the police station unless:
-delay could lead to interference with or harm to evidence connected with the offence
-delay could lead to physical harm to others
-delay would alert someone suspected of committing an offence who has not yet been arrested
-delay would hinder the recovery of property that is the subject of the offence.
If you are cautioned without having been arrested, you must be told you are free to leave whenever you want.
degsy4wheels:
I would agree to attend the interview BUT NEVER without a brief, be that the duty one, which you can request at the nick, or take one with you, they will then contact the filth and arrange a time and day for you to attend, rather then you being at the beck and call of a bully in a uniform. However, if you do go alone and copper starts asking you questions unrelated to what he asked you to attend for, ask for a solicitor. They should advise you to get one anyway, and you have to sign to say if you don’t want one. Everything is on cctv and tape, although coppers being coppers will no doubt lose anything that may cause them trouble. they cannot charge you without hard evidence, and if you’re not guilty they won’t have any, so doing a no comment interview will not incriminate you, but still do not talk to coppers without a brief present EVER.
A brief once told me that he spent the majority of his time sorting drivers/blokes out who unwittingly had talked themselves into problems. The way quite innocent questions are phrased ect can appear very different in court, his advice was always try and remain polite and anything other than basic questions , name address ect thats it , otherwise get a brief, its up to them to prove the case not you to hand it to them on a plate.
If you are to be formally interviewed - they must caution you first & offer you a solicitor - which you can decline if you wish - (its free so why would you decline it■■?).
If you are in then interviewed, (as long as its not a murder charge!!!) especially if you have no legals present; the best thing to do is….
The first question they ask you is to confirm your name & address etc for the tape - so yes, state your name etc.
For every other question the answer is “No Comment”; eventually they will ask, are you going to answer every question the same way, to which you reply “No Comment”.
You will then be released “free to go” or released on police bail.
Basically if they have no evidence against you that they know will not get a clear conviction in court, they are asking leading questions designed to get you to admit quilt; therefore if you don’t answer the questions they have to let you go as they have nothing to charge you with. They have to release you pending further inquiries.
This is 100%; and it has worked for me!!!
And - note - your solicitor is not allowed to tell you to do this.
limeyphil:
If a police officer asks you to attend a voluntary interview to clear things up about a minor incident with another driver. You may think to yourself that there’s no need to ask a solicitor to attend, After all it’s just to clear things up.
Then the officer starts to ask questions totally unrelated to the incident that you initially thought you’d be talking about. How do you stand if you are then charged with an offence?
It’s like he’s got you in for an interview in a bit of a shady way.
For example: A driver is suspected of stealing from a trailer, So the officer wants to know if you can shed any light on the allegation, But then starts to ask about tacho fraud and you get charged. it’s a bit underhand.
Hi, I had a similar thing happen to me. Was invited to a voluntary interview to “clear a few things up”, called a solicitor for some advice and was told NOT to go. It is a “fishing expedition” and you will almost certainly be worse off if you go.
Herongate:
If you are to be formally interviewed - they must caution you first & offer you a solicitor - which you can decline if you wish - (its free so why would you decline it■■?).
If you are in then interviewed, (as long as its not a murder charge!!!) especially if you have no legals present; the best thing to do is….
The first question they ask you is to confirm your name & address etc for the tape - so yes, state your name etc.
For every other question the answer is “No Comment”; eventually they will ask, are you going to answer every question the same way, to which you reply “No Comment”.
You will then be released “free to go” or released on police bail.
Basically if they have no evidence against you that they know will not get a clear conviction in court, they are asking leading questions designed to get you to admit quilt; therefore if you don’t answer the questions they have to let you go as they have nothing to charge you with. They have to release you pending further inquiries.
This is 100%; and it has worked for me!!!
And - note - your solicitor is not allowed to tell you to do this.
I know this is too late as charges have already been made, but.
I’ll put my head on the block here and expect a load of flak as I know this will probably seem crazy to many people but the way I understand it, the fact is, you are not obliged to answer any questions posed by a policeman. You don’t even have to give your name. There is no law that say’s you have to. I agree it takes a lot of doing, but ask him to quote the law that says you have to. Statutes are not acceptable.
Their well trained trick in getting you to do so, is through intimidation. That’s why it’s out with the book before he even speaks. It’s a threat which he knows in most cases will have the desired effect.
My understanding of the hidden purpose of this is to get you to enter into an “Honourable” verbal “Contract”. Once you answer and enter into it, it is your duty not to dishonour it, or him. Any refusal to answer his questions after that is when the law of the land comes down heavily on you as you are then considered dishonourable in the eyes of the law. Not good if it goes to court. Another thing is, even if he attempts to give you a ticket for whatever reason you are not obliged to sign for the same reasons.
That’s why it is always advisable to have a brief present when being interviewed and even before you are willing to give your name.
Greg, I am a know all who knows naff all am i? I best tell that to the solicitor who represented me at the nick then, cos he was one legally trained person who told me that, the other two were currently serving coppers. All advised NEVER speak to police without a solicitor present…Obviously if i know naff all, then so do they.Everything i wrote was factually and legally correct information given by aforementioned legal people.
Saaamon:
Why would anyone be so silly as to attend an interview if not legally required.
A good question.
They will arrest you anyway and then they can hold you for 24 hours.
So the easy way is to go in, get the interview done, then go home.
