Does anyone know anything about voluntary police interviews. DH has been asked to attend.

[Cetra638]

Without going into too much detail he’s been reported for a road traffic offence, they have CCTV footage. He was phoned today to ask if he would come into the station, at his own convenience for a chat. They told him it wasn’t a serious offence, he won’t get points on his license but then contradicted themselves by saying worse case scenario would be court. They said he could have a solicitor present but advised it wasn’t necessary at this point. They just wanted to chat to him about driving safety. He’s made the appointment for tomorrow.

Does he need a solicitor present? How do you even go about finding one? Should we postpone it until we’ve taken legal advice? They made it sound very casual but we’ve no experience of the legal system at all. Any advice gratefully received!

Also - ex police officer here - all this don't trust the police, they are out to get you - is sooooo untrue.

I never said they were "out to get you" I said don't trust that they have your best intentions. Because they don't. They are looking for a conviction. And they are not all honest.

It's not a slur on the entire police force or every officer.

Some are wonderful, but others lie. On the phone, which I heard. And then say that they didn't say what I heard them say. And push a case to the CPS. And withold evidence. And lied about it's existence. And then refused to release the evidence to the defendants brief until the day of the court case. When it became clear that it completely exonerated the defendant.

So no, I wouldn't walk into a police station without a solicitor, and I don't trust the police. That is my personal experience.

They always make it sound casual. He'll need a solicitor.

I don't think the police are out to get people but access to a lawyer of your own choosing is a legal right that I wouldn't choose to throw away in a hurry, even if I was completely not guilty of anything!

Something isn't adding up, how can something like running a red light be outing or an incident that the police would ask someone to go to the station for. Isn't that something you get a fine through the post for?

So he was told it's not serious, won't get him points on his license but could end up in court?

And it's very outing?

Yes, get a solicitor!!

@Cetra638

I don’t want to say as it’s very outing. My gut is telling me we need legal advice.

Unless he was unicycling the wrong way round the M25 while juggling flaming torches, how can a traffic offence be outing?

Definitely postpone the appointment until your dh can arrange for a solicitor to be present.

You can't make a mistake by getting legal advice. He could make a very big mistake by going into interview without legal advice.

Google local criminal lawyers tonight & call around first thing in the morning to get someone booked to go with him. I work in criminal defence & we have a pool of lawyers on call every day for this kind of attendance. You don’t necessarily wait ages for the Duty Solicitor, & their representation is generally as good as any, but having someone lined up before he gets to the station will be less stressful for your husband.

Either way he will be given time for a consultation with the lawyer before the interview to discuss the evidence (if the police are willing to disclose it) & the procedure.

Police station representation is free regardless of means so he won’t have to pay tomorrow but he might depending on your financial circumstances if it does go to Court.

I can remember a video, possibly linked to on here, where the advice was to never talk to the police if pulled in for an interview. Always say no comment as they are basically gathering evidence against you and all you will be doing is helping them.

Unless he was unicycling the wrong way round the M25 while juggling flaming torches, how can a traffic offence be outing?

It could have happened on the way to Barnard Castle.

Do you have to pay for the duty solicitor? How much (ish) does it cost?

A person who is asked for a voluntary interview is entitled to all of the same rights as someone who has been arrested, including free legal representation. He can request this from the police officer to arrange and they will ring the on call solicitors.

A voluntary interview means that there is not a necessity for his arrest, however they still want to question him regarding the incident. This will be conducted under police caution and will all be recorded either with just audio or visually as well. He is free to leave at any point during the interview.

However, if he does not turn up for a voluntary interview, he could be arrested to ensure he is present for questioning.

Please don't listen to the others who say it must be really serious or that he won't be able to get free legal advice because it's simply untrue. It may be that they need to straighten some facts out and they need your husband present in order to get the answers. Every single person interviewed is entitled to free and independent legal representation.

If they had the evidence to arrest him, they would have.

They are inviting him to come in voluntarily to incriminate himself.

Depends what he wants to do - if he wants to go in and confess/incriminate himself then he can go and do that (but bring your own solicitor).

If he doesn't want to confess, then why volunteer to go?

@justanotherneighinparadise

I can remember a video, possibly linked to on here, where the advice was to never talk to the police if pulled in for an interview. Always say no comment as they are basically gathering evidence against you and all you will be doing is helping them.

If you go no comment in a police interview, if it were to go to court it would be assumed that you were going to plead guilty. If you are then in court and give your side of the story, the court can draw an adverse inference from the fact that you refused to answer any questions and may assume that you're lying.

It's in anyone's best interest to tell their side of the story, especially if they're innocent.

@SandieCheeks

If they had the evidence to arrest him, they would have.

They are inviting him to come in voluntarily to incriminate himself.

Depends what he wants to do - if he wants to go in and confess/incriminate himself then he can go and do that (but bring your own solicitor).

If he doesn't want to confess, then why volunteer to go?

That's not true at all.

Voluntary interviews are very common, it just means that the offence/offender doesn't hit the necessary criteria of PACE code G for him to be arrested.

If he does not attend a voluntary interview, steps can be put in place in order for him to be arrested for a prompt and effective investigation.

OP @Kaleidoscope93 and @kerchow know what they are talking about.

Speaking as a magistrate it is true that a negative inference can be taken from a no comment interview (under certain criteria).

Please be picky on who you are listening to on this thread, there is a lot of false information. Certainly declining a voluntary interview does not make it go away, it just leads to arrest before interview! Potentially at your workplace or home, you both would rather avoid that I am sure.

As I said read Kaleidoscopes and Kerchows posts. That is all you need to know.

Must admit I’m also intrigued about how a traffic offence can be outing though! I’m going for minor accident caught on CCTV and potential careless driving charge as my best guess!

Thank you again for all the advice. The duty solicitor is meeting DH before the interview and will sit in on it too. Feeling better but I’m an absolute bag of nerves.

Sorry for being so cryptic about the offence, I’ve PM’d a couple of people with the details but I don’t want it out there for the world to see.

@justanotherneighinparadise

I can remember a video, possibly linked to on here, where the advice was to never talk to the police if pulled in for an interview. Always say no comment as they are basically gathering evidence against you and all you will be doing is helping them.

Yes to this. My partner studied law and he said absolutely anything you say will be used against you. People think they are being open and honest but it's best to say no comment. If they don't have enough actual evidence, talking could provide them with something.

Also - ex police officer here - all this don't trust the police, they are out to get you - is sooooo untrue.

I never said they were "out to get you" I said don't trust that they have your best intentions. Because they don't. They are looking for a conviction. And they are not all honest.

That exchange should be framed, printed and distributed to everyone before they leave school as a clear demonstration of how the police mind works. Start by twisting someones answer (and mysteriously it's always in a negative way) and then keep on beating them with it.

The police have absolutely no interest in getting to the truth of everything. They do have every possible interest in presenting a nice set of statistics to the politicians. It's not really rocket science to see where that leaves the little gut.

OP: Does your household insurance have any legal cover ? You may be able to call them for further advice.

@OhYeahYouSuck I think the video was a lawyer giving that advice to his law students. So I guess lawyers are coming at this stuff from a different angle to law enforcement. I have no idea what I would do your if arrested but I know for sure the police aren’t arresting me to help me plead innocent.

@binkyblinky

Also - ex police officer here - all this don't trust the police, they are out to get you - is sooooo untrue.

Whatever you say, totally unbiased person who in no way twisted what a pp had said to pretend something else entirely had been said. Whatever you say.

If you go no comment in a police interview, if it were to go to court it would be assumed that you were going to plead guilty. If you are then in court and give your side of the story, the court can draw an adverse inference from the fact that you refused to answer any questions and may assume that you're lying.

Alternatively, they may flounder for lack of evidence (since when you open your mouth, that's what you are giving them) and it stops there. (Once again this is where that terrible paradox kicks in that seasoned wrongdoers know to stay schtum, and it's naive well-meaning citizens that end up tied in knots). If you continue saying nothing in court (which means not taking the stand to be cross examined) that's pretty much the situation.

It's in anyone's best interest to tell their side of the story, especially if they're innocent.

As things stand, no one ever has to prove their innocence in court. You are innocent when you go in, and unless the prosecution can prove to a very high standard that you are guilty, you are innocent when you leave. With the obvious downside that for some people (most of them on MN) even when you are found not guilty, you are really.

If the video folk are referring to is the one I've sometimes posted of a US lawyer (and then policeman) both explaining that talking to the police is never a good idea, then bear in mind it's American, and they take the 4th and 5th amendments very seriously (well, they have to). England is a little bit more laid back about your rights in custody.

That said, the examples given of how what you say will be twisted and used to send you to jail are spot on. And they are all interview techniques that police in the UK have been trained in. Something that people sometimes forget. The police are trained in what they are doing. You aren't.

My Dh got legal aid four years ago up to £30,000 was granted and we could pick our own law firm ,he works ,we have a car ,it goes off earnings ,they do a full financial assessment.