Urgent legal advice sought (12)

Sat 3 May 08, 1:41 PM
merrynb99
UK, 2 yrs
I have a friend who has been phoned by a police officer and told that he needs to come in and make "a taped statement" about an alleged incident, the details of which they are not prepared to give him over the phone.
I am concerned that he is going to go there, be read his rights and go on tape, without even knowing what it is he is being accused of.
I think he needs legal advice, or a lawyer with him.
Can anyone advise?
No pain, no gain.

3 May 08, 1:42 PM
Lady_Katt
UK(S), 22 mths
Surely the police would have come to his door if legit?
Fingers crossed for him x
http://groups.yahoo.com/group/alternative_equest...

3 May 08, 1:47 PM
xjames
UK(SS), 2 yrs If he fails to go, the police could come and arrest him and then take his DNA. He should go, and make it clear that he wishes to know the nature of the enquiry before making any statement. At any time, if he considers he may be a suspect, or that information he may give might incriminate him, he should get lawyered up. This is best done at the police station - because legal advice in a police station is free.
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3 May 08, 1:47 PM
mistressb69
UK, 16 mths
He needs to take a lawyer with him, no doubt about it. If he is arrested he should make no comment until the duty solicitor arrives. If its a pre-arranged appointment to come in and give a statement he should call a local firm of solicitors and arrange to be accompanied by a brief. Check the law society website for a list of local solicitors and specialities.

merrynb99 wrote:
Urgent legal advice sought
I have a friend who has been phoned by a police officer and told that he needs to come in and make "a taped statement" about an alleged incident, the details of which they are not prepared to give him over the phone.
I am concerned that he is going to go there, be read his rights and go on tape, without even knowing what it is he is being accused of.
I think he needs legal advice, or a lawyer with him.
Can anyone advise?

"While the truncheon may be used in lieu of conversation, words will always retain their power. Words offer the means to meaning, and for those who will listen, the enunciation of truth. And the truth is, there is something terribly wrong with this country, isn't there?"

3 May 08, 1:57 PM
Trilux
UK, 10 mths

merrynb99 wrote:
Urgent legal advice sought
I have a friend who has been phoned by a police officer and told that he needs to come in and make "a taped statement" about an alleged incident, the details of which they are not prepared to give him over the phone.
I am concerned that he is going to go there, be read his rights and go on tape, without even knowing what it is he is being accused of.
I think he needs legal advice, or a lawyer with him.
Can anyone advise?
Your pal doesn't "need" to make any statement at all if he doesn't want to. Even if arrested, he is free to answer "No comment" to every single question put to him. That's true even if he's a murder suspect. However, if the cops are trying to put him in the frame he should bear in mind the standard police caution that:
"You have the right to remain silent. But if may harm your defence if you fail to mention anything that you later rely on in court. Anything you do say may be given in evidence."
Turning up at the police station signifies intent to testify, and he'll be on their turf. Ultimately, if the cops really want to quiz your pal, they'll turn up on his doorstep.
Edited to add:- your pal could be arrested at home if he doesn't cooperate - assuming there are reasonable grounds for suspecting he committed a crime. Equally, he could be arrested the moment he turned up at the police station, or arrested later after giving (or refusing to give) a statement. Then again, maybe they just want to eliminate him from their enquiries and concentrate on someone else.
Trilux
Edited 3 May 08, 2:01 PM by Trilux

3 May 08, 2:31 PM
LadyPandoraCP
UK, 2 yrs A friend was recently accused of rape, assault and being forced to take part in sexual practices against her will by a femsub (ex-gf) and was arrested. The police refused to give him any details of the charge against him whilst demanding he made a full statement to them. He had rung me before going to the station and I had arranged a solicitor to meet him there, with the instruction not to say a word until the solicitor got there.
He had to spend a night in the cells as he was advised not to say a word until they explained the charges against him fully - he wasn't even informed of when the offence was supposed to have happened.
The next day the police capitulated and explained the details to him, whereon he made a full statement which proved he wasn't even in the country at the time. He said that the solicitor and the policewoman were most embarrassed when he explained his predilections in lots of detail; I think he actually enjoyed watching them squirm!
I would strongly advise anyone to make sure they have a solicitor with them at all times. Good luck.
Regards, Lady P
Some people say I'm a bitch, that's just not true - I have the heart and soul of a kind and gentle person ... in a jar, on my desk, next to my cane.

3 May 08, 2:52 PM
SubWhisperer
UK, 22 mths
In order to be arrested, you must be informed of the nature of the offence at the time of arrest.
At that time, you may also choose to have legal representation should you feel it's appropriate.
If in doubt, say nothing, and wait for your own personal legal advice to turn up - and it will - say what you want about the law in this country, but it usually gives you a chance to stand by your rights.
The magic words here are "Am I under arrest" - if they reply in the negative, you are free to walk away - it's as simple as that.

3 May 08, 3:16 PM
Sirebel
UK(N), 22 mths

Trilux wrote:

merrynb99 wrote:
Urgent legal advice sought
I have a friend who has been phoned by a police officer and told that he needs to come in and make "a taped statement" about an alleged incident, the details of which they are not prepared to give him over the phone.
I am concerned that he is going to go there, be read his rights and go on tape, without even knowing what it is he is being accused of.
I think he needs legal advice, or a lawyer with him.
Can anyone advise?
Your pal doesn't "need" to make any statement at all if he doesn't want to. Even if arrested, he is free to answer "No comment" to every single question put to him. That's true even if he's a murder suspect. However, if the cops are trying to put him in the frame he should bear in mind the standard police caution that:
"You have the right to remain silent. But if may harm your defence if you fail to mention anything that you later rely on in court. Anything you do say may be given in evidence."
Turning up at the police station signifies intent to testify, and he'll be on their turf. Ultimately, if the cops really want to quiz your pal, they'll turn up on his doorstep.
Edited to add:- your pal could be arrested at home if he doesn't cooperate - assuming there are reasonable grounds for suspecting he committed a crime. Equally, he could be arrested the moment he turned up at the police station, or arrested later after giving (or refusing to give) a statement. Then again, maybe they just want to eliminate him from their enquiries and concentrate on someone else.
You are forgetting the Criminal Justice and Public Order Act 1994. Certain rights to silence, particularly once cautioned or charged, have been 'removed'. Fortunately, we haven't quite got to the point of forcefully removing this right in this country yet and the European Court of Human Rights is still trying to reverse this damage.
I would always advice people to cooperate with the authorities. He should go to give a statement but he needs to know the circumstances before agreeing to say anything. Once he knows the situation he can decide if he needs legal advice or not.
Ad Quod Damnum

3 May 08, 3:24 PM
GoddessSharonShiney
UK, 12 mths

xjames wrote:
If he fails to go, the police could come and arrest him and then take his DNA. He should go, and make it clear that he wishes to know the nature of the enquiry before making any statement. At any time, if he considers he may be a suspect, or that information he may give might incriminate him, he should get lawyered up. This is best done at the police station - because legal advice in a police station is free.
I believe the police can phone to make an arrest,,,,its called arrest by appointment!! they will take DNA before questioning,when you arrive they will tell you why your being arrested for questioning,also your rights will be read!! yes get a solicitor
Smile,its never as bad as it seems x

3 May 08, 11:04 PM
merrynb99
UK, 2 yrs
Thank you for the good, balanced and sane advice. All duly noted. Further comment not a good idea in public; please feel free to memo me from here on in.
No pain, no gain.

3 May 08, 11:26 PM
ladybabe2
UK, 3 yrs
I have to say the first thing l would do is to check that the call is genuine, check with the police station that l was required to go in to see them, so many hoaxes around at the moment. If it turns out to be genuine then yes go but be aware of your rights to legal council...
You come to love not by finding the perfect person, but by seeing an imperfect person perfectly....

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