Legal Advice Please – Police Station Attendance

It has been suggested that I may have done something a little silly that has been reported to our local bobby.
I have been informed via an answerphone message that I’m not going to be arrested but I am required to attend the police station this evening.
I’m going to ignore the message and claim I didn’t get it until tomorrow morning because I’m at Man. City tonight but I was wondering if anybody knew:
If there is no actual evidence of any wrong doing on my part apart from somebody else saying I said what he says I said and by the bobbies own admission, it would be my word against the reportee’s, am I legaly obliged to got to the police station at all?
I may have said what he says I said but I may not have, I can’t be sure.
I’ve allegedly told this goon person that I’m going to chin him (or words to that effect).

My kids run up to their room and hide when they know they’re in for a talking to.

Maybe doign the ‘grown-up’ equivalent of this will be seen as an admission of guilt?

If you *really* can’t remember then go along and see what they say.

If you can remember but would rather forget for legal reasons then maybe get some legal advice first?

and my understanding from being at the other end of a similar situation is that a threat to harm someone is treated quite seriously so I’d be careful what you admit to.

I genuinely can’t say if I did or nor wwaswas.
He’s previously been reported to the police for leering at my 13 year old daughter and I did the juvinile thing of telling him I was going to do him physical harm that time (police ans wife calmed me down though).
I have certainly thought about how nice chinning him would be since then but when I have a degree of equilibrium about me, I wouldn’t punch a bag.

telephone the copper before the appt and tell hime you cant make it get him to come to you in your home another day, all friendly like let him see what a decent/ nice chap you are etc ( jaffa cake moment req.)

It sounds like they might just be going to have a chat with you and maybe offer some words of advice over whats been reported.

If they’re going to ask you any formal questions in a voluntary taped interview or contemporaneous interview, you have the right to have a solicitor present or speak to one over the phone and their ‘chat’ can be delayed until you’ve seen or spoke to the solicitor.

On what you’ve said though, it does seem that it’ll just be an informal chat.

Sounds like they are going to have a word with you one way or another. The person does have evidence, but IIRC it must be corroborated i.e his word against yours would be insufficient.

In Scotland the threat of violence can be an assault.

So tell us what you actually said?

You do realise that several serving Police spend time on here don’t ya?

😉

A ‘friend’ had the same thing happen to him. He went to the relevant Police station , was immediatly arrested. Shoe laces and belt taken , wallet , change etc.
He then asked for a solicitor . The solicitor took 2 hours to appear. He sat in a cell reading pace and then had to go through a full on taped interview .

It took about three hours from start to finish

No further action taken , but they would have sent a car round to his house if i hadnt gone when asked nicely on the phone.

Might be worth a quick call to solicitor / Citizens advice or ring the cop shop and say you will be in at 0900 tomorrow , and be prepared for a wait.

“my” house, STM?
🙂

I was in the middle of a particulary manic period when I’ve supposedly threatend this bloke.
I can’t recall it having happened and to be honest, I wouldn’t have done it the first time if he hadn’t have put his arm around my daughter at the school bus stop. She came home in tears! The guy is fairly big bloke and is in his thirties.
The police are aware of some other ‘incidents’ although I don’t know what they are.
Anyway, all replies greatfuly received and I’d be especially interested in a reply from a serving officer.
Other than not going to the station this evening (I’m sure he’ll understand. it’s a massive game), I’m only asking if I HAVE to go.
I can only tell the bobby what I’ve said here. I don’t think I did it. In fact, I’m positive I didn’t. There are no ‘black holes’ in my memory, it was just a giddy episode (to put it midly).
Singletrackmind – that’s scary! I’ll make plans accordingly.

Make sure you get there early tomorrow.
Good luck, I’m sure most chaps on here in your situation would have had something to say too.

I think if I found an answerphone message telling me to report to the local nick, I’d assume it was a hoax and ignore it. After all, the police wouldn’t seriously be following such bad practice as to be leaving answerphone messages without confirming your identity and where any munchkin who isn’t you could play them back, surely?

Just because old bill left a voicemail, how do they know you actually received it?

Picked up a voicemail on my phone the other day, which was 7 days old…

Call them back, explain you an’t make it tonight but more that happy to pop in tomorrow for a chat.

Remembering rule #1 – You get arsey with them, they get arsey with you – you’ve got 2 options.

1) Keep it friendly and low key – phone and arrange a time tomorrow.
2) Get on high horse about how very dare they etc. etc.

Always remember the scene in Bonfire of the Vanities when the cops only knew they’d found the right bloke when he demanded to see his lawyer before saying anything when they were just on a random door to door.

monksie – you aren’t under any obligation to go, no. Seems like they are trying to get it dealt with in a low key manner, so maybe rearrange it if possible? Don’t miss footy for it though.

He left a telephone number to call back on. It was the Community Police Dept. at out local nick. My attendance is required at the big nick – gulp.
J- can you talk Mr J in to going for me? call from H/Grove, have to go to C/Heath. I’d be more grateful then he would ever know. I told you if I wrote a book they’d have to put it on the fiction shelf. Nic is heading for a breakdown…..or a rolling pin!
ps. she’s on TV on Saturday. ITV as part of the cup final show. Two players were at the hospice. She was in the Independant on Sunday.
Thanks thegreatape. I’m taking your advice above all others 🙂

When you go to see them – and you obviously need to do this, sooner rather than later – be very careful in what you say. Genuinely, you could be walking into trouble here, if he’s alleging that you’ve threatened him.

I’d ask them whether it has to be tonight as child care issues(or some such legitimate and understandable reason) prevent you attending unless it’s really very important.

If they insist on your attendance tonight, they’re obviously not going to have just a 2 minute chat and wave you on your way, and I’d then think about legal representation.

Im sorry let me get this right, this guy has leered at you teenage daughter once already (and possibly has further history) and you’ve had words with him, and then he’s gone and effectively assaulted her (contact that causes distress or harm) and you threatened to chin him.

To be honest if that is the case then you are far more restrained than me – I dont have kids (i wouldnt wish me as a parent) but they second time it wouldnt have been a verbal warning it would have be me round to his house and he would have seen the wrong side of or a bar and 5litres of unleaded and would have been left in no doubt that if there was a next time I would be bringing a lighter with me.

I’d call them up and ask the Officer if you’re going to be interviewed or asked any questions under caution.

If you are and you want a solicitor present, you can tell them over the phone and they can arrange to have one waiting for you at the station.

It would probably be a good idea to call the Officer back and explain that your busy tonight and arrange to call in at a time and date suitable for yourself.

If you ignore the call, they will call around the house to speak with you.

As long as you make an appointment, the Officer should be happy with that. If it was anything pressing, they’d have just called around the house.

Yes, if they insist on tonight it’s a good reason not to go in tonight but to seek legal advice first.

But it’s City -v- Spurs nickf! I’ve also got the cup final at Wembley on Saturday. This is all getting a bit much for me.
I might hide for a bit.

Would police leave a voicemail? I would be wondering if my house was getting burgled all the time I was away if I was you. What with folk knowing you are going to be out and all that.

But it’s City -v- Spurs nickf! I’ve also got the cup final at Wembley on Saturday. This is all getting a bit much for me.
I might hide for a bit.

Obvious I’d not tell them the real reason you don’t want to go tonight…..as I say, a reasonable parent could entirely legitimately state that they’re home alone with the kids, thus precluding attendance, but that they could come along at a prearranged time tomorrow or whenever.

It’s not unusual to leave a voice mail, but it would be very basic giving the name of who the message was for and the contact details for the Officer.

I wouldn’t have mentioned the details myself, I’d have just said it was a quick follow up enquiry or courtesy just incase it’s the wrong number or person

This is my area of expertise.

Call a solicitor now who does criminal work google yellow pages will have details of local ones .Follow their advise .

Do not discuss the case at all with the police without representation.

You will not have to pay for representation at the police station. All solicitors qualified to do police station work are part of the Duty Solicitor scheme so do not believe that the Duty solicitor is second rate.

Do not dodge the officer he will circulate you as wanted you will then be arrested at a time that is unlikely to be convenient to you and may well spend longer in custody awaiting the officer in your case to be available to interview you. singletrackminds friends experience is common.

If you contacted my firm i would contact the officer arrange for a convenient time for you to go in, attend with you, find out exactly the score and advise you what to say (if anything ,) I would then remain with you while interviewed and after interview make the appropriate representations on your behalf . All that would be free of charge to you.

If you go to the station you can ask for a solicitor and the police will contact one of your choice or Duty the solicitor is obliged to attend within 45 mins of the police stating they are ready to interview so you should not be waiting too long.

Hippy – the school bus stop is outside his house. He lives with his parents. Always out messing with his car when they come home from school, trying to find their cat in the morning, things like that. He then found reasons to talk to the girls at the bus stop etc. Suspicions went right up when he’d be out on the drive polishing his car every afternoon when they all come home, with no t-shirt on when it was sunny. Lots of parents voicing concerns.
My youngster came back in the house in tears one morning when he’d been leary at her specifically and put his arm around her.
Eight 12 to 13 year old girls getting hysterical kind of muddied the tale of true events so the police could only have a very severe word with him. He’s not been near any of them since.
Thanks everybody. Lots to think about and especially crankboy et.al. I’ll ring in the morning, apologise for not being there tonight and arrange for a solicitor to come in with me.

I’m in the CID. I believe amplebrew is an officer as well, judging from his replies.

It sounds to me that the officer wants to conduct an interview with you as a ‘voluntary attender’. In these circumstances if the officer wishes to adduce your conversation into evidence he must conduct the interview in accordance with the Police and Criminal Evidence Act 1984 (PACE Code C 3.21) – that is to say you will be invited to the station and more than likely interviewed on tape. You have the right to free and independent legal advice. As you will not be under arrest you’ll not be booked into custody as such, and are free to leave at any stage. A haven’t got a copy of PACE to hand but I think the right to free and independent legal advice only extends to when you are at a police station – this FREE entitlement is not extended if it’s conducted at your H/A for example.

The best thing to do is give the PC a shout tonight and arrange the chat for a mutually convenient time in the next day or two and have no contact with the other party involved. Sound the officer out by asking if you will be offered legal advice – is it an interview under PACE?

Probably best to stop giving specific details on here too – you don’t want to prejudice your case and you’ve changed your ‘can’t remember’ to ‘definitely didn’t’ already since the original post.

Oh yes and DON’T post details of the incident on the internet !! It could easily be admisable in court.

Thank you Deluded. If I’d done what I’m accused of, I’d go in and hold my hand up but I’m convinced I’ve not (since the previous time as above).
Shutting up now.

Would have been better off saying nothing, going back into your home and try to get some video evidence and/or making a complaint to the old bill.
I know it’s hard to remain calm when your children are involved, but start displaying anger and you play straight into their hands.
Good luck!

My advice is go to the station and play ball with the officer. If it’s a PACE interview get a brief. The officer should make a disclosure of the police case (or the evidence) to your solicitor prior to an interview. You will then be afforded the right to consult with the solicitor who will pass on what the police have decided to reveal and offer you advice accordingly – and take it from there.

….And you said in your first post ‘you were going to be arrested’… If that’s the case, you’ll definitely want your solicitor present.

So, if you are definitely going to be arrested and definitely didn’t make the alleged threats, get your solicitor to arrange a mutually convenient time to go to the station. That will demonstrate you are taking the situation seriously and will give you the best chance of a good outcome.

In the words of my Policeman brother when I was to be interviewed for an alleged assault…”admit nothing – deny everything – counter accuse!”

I think he was being slightly tongue in cheek with that but the fact remains ‘You’re convicted by what you’ve said not what you’ve done’, do not speak to the Police without Legal Representation.

Oh yes and DON’T post details of the incident on the internet !! It could easily be admisable in court.

But would be easy to get it dismissed as hearsay! 😈

I may have said what he says I said but I may not have, I can’t be sure.

That’s a bit of a daft thing to admit on the internets – that’s basically saying “I did but I don’t know if anyone else saw me so I’ll have to say im not sure in case they produce someone who saw me” 🙄

monksie – Member

J- can you talk Mr J in to going for me? call from H/Grove, have to go to C/Heath. I’d be more grateful then he would ever know.

Well, I *think* I recall the handshake but it’s been a few years now…

But seriously, not, there’s a whole WORLD of trouble just waiting there

Vital reading:

http://nightjack2.wordpress.com/2008/07/24/a-survival-guide-for-decent-folk/

I’m also in the CID, and so I’d (obviously) do exactly what deluded said. I’d also emphasize the bit about having no contact whatsoever with the other party – if they’ve already made one allegation, they can very easily make another. The Nightjack stuff is also very sensible reading.