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Original poster

Just been accused of being a person of interest in a malicious communications offence that happened years ago

330 replies

justbeenaccused · 30/09/2023 12:39

I received a letter from the police summoning me to the station of a voluntary interview. I am a person of interest in a malicious comms case that occured in 2019.

Does this mean I am a suspect, or a witness etc.?
How can I find out who reported me ?

OP posts:
Tabitha1950s · 30/09/2023 16:00

Don't attend. Make them arrest you then say nothing in the interview.

Redburnett · 30/09/2023 16:06

If it is voluntary it might be advisable to ignore in case you inadvertently incriminate yourself in any way.

Interested in this thread?

Then you might like threads about this subject:

Crime
User342465662 · 30/09/2023 16:06

  1. How much is a local solicitor going to charge for attending the interview and possibly defending OP afterwards?! If typical lawyer's hourly fees are anything to go by, it sounds like absolutely astronomical amounts.

  2. OP do you have some kind of legal liability insurance? If not, why do you mostly seem concerned about the difference between "person of interest vs suspect" and not the eye-watering fee that a (possibly?) false allegation will cost you?

  3. Is it that easy to frame someone for malicious communication? Assuming the cousin's family is behind this, what could they have done that resulted in an actual "semi arrest" of a real person? Considering how much hate crime goes un-investigated, there must be quite a bulk of evidence for police to take this case seriously.

  4. 2019 is only 4 years ago. It's not that normal to claim not to remember anything you posted from back then and will probably make things more suspicious.

Rosscameasdoody · 30/09/2023 16:06

WallaceinAnderland · 30/09/2023 15:27

If I didn't know what it was about and therefore didn't know whether or not I could have committed an offence I would do this.

  1. Not attend a voluntary interview
  2. Let them arrest me and ask for a solicitor to be present
  3. Make no comment and hear what the accusation was about
  4. Once I had the information regarding the alleged incident I would talk to my solicitor re next steps.

They can only hold you for a short time and if they have no evidence they will drop the matter.

Basically say nothing, do nothing and let them prove it all.

This is really bad advice. If you attend the interview under caution (which is what this is ) at least you have some control over where and when you are placed under arrest - effectively the case as soon as you attend ‘voluntarily’. If you don’t attend you can be arrested at any time and held without charge for up to 24 hours - the whole thing would probably take much longer than if you turn up with counsel at the appointed time.

PussInBin20 · 30/09/2023 16:10

Tabitha1950s · 30/09/2023 16:00

Don't attend. Make them arrest you then say nothing in the interview.

Why would you rather be arrested? It just means you will spend time in a cell and wait longer for the formal interview / Solicitor.

OP, if you have been invited to a voluntary interview it means you are a suspect and they want to ask you about your suspected involvement in the offence.

Go voluntarily, arrange a Solicitor and they will advise you accordingly after being given details of the allegation by the police.

”person of interest” is just another way of saying “suspect”.

InfiniteTeas · 30/09/2023 16:11

User342465662 · 30/09/2023 16:06

  1. How much is a local solicitor going to charge for attending the interview and possibly defending OP afterwards?! If typical lawyer's hourly fees are anything to go by, it sounds like absolutely astronomical amounts.

  2. OP do you have some kind of legal liability insurance? If not, why do you mostly seem concerned about the difference between "person of interest vs suspect" and not the eye-watering fee that a (possibly?) false allegation will cost you?

  3. Is it that easy to frame someone for malicious communication? Assuming the cousin's family is behind this, what could they have done that resulted in an actual "semi arrest" of a real person? Considering how much hate crime goes un-investigated, there must be quite a bulk of evidence for police to take this case seriously.

  4. 2019 is only 4 years ago. It's not that normal to claim not to remember anything you posted from back then and will probably make things more suspicious.

Edited

There is legal aid available for anyone being interviewed at the police station. You don't have to pay for a solicitor's time beforehand unless you want to, - you just arrange for them to attend with you. Or you can request one when you get there, but then you run the risk of a specific person not being available and having to send a colleague.

Rosscameasdoody · 30/09/2023 16:12

User342465662 · 30/09/2023 16:06

  1. How much is a local solicitor going to charge for attending the interview and possibly defending OP afterwards?! If typical lawyer's hourly fees are anything to go by, it sounds like absolutely astronomical amounts.

  2. OP do you have some kind of legal liability insurance? If not, why do you mostly seem concerned about the difference between "person of interest vs suspect" and not the eye-watering fee that a (possibly?) false allegation will cost you?

  3. Is it that easy to frame someone for malicious communication? Assuming the cousin's family is behind this, what could they have done that resulted in an actual "semi arrest" of a real person? Considering how much hate crime goes un-investigated, there must be quite a bulk of evidence for police to take this case seriously.

  4. 2019 is only 4 years ago. It's not that normal to claim not to remember anything you posted from back then and will probably make things more suspicious.

Edited

This is an ‘interview under caution’ and as such, the person is entitled to free legal counsel for the duration of the interview. Surely you’re not suggesting the OP turn up to be effectively placed under arrest and questioned, without legal counsel ?

Kinneddar · 30/09/2023 16:13

Redburnett · 30/09/2023 16:06

If it is voluntary it might be advisable to ignore in case you inadvertently incriminate yourself in any way.

In which case she'll be arrested. At a time which suits them, which could mean being arrested at work or taken out your house in handcuffs in full view of neighbours etc & shell will have to sit in a cell awaiting a solicitor - that could take hours. The voluntary option is being offered to allow her to go when it suits her with minimum disruption to her life

It's not going to go away by ignoring it.

InfiniteTeas · 30/09/2023 16:14

Are there any differences in 'person of interest' and 'suspect' on a letter from the police? Or do they mean the same thing? Is person of interest someone they have less evidence on?

They didn't use this phrase in letters when I was practising. It may be a new protocol or just someone being a bit wanky and using media speak. But yes, it means a suspect. A voluntary interview is still an interview and you don't interview witnesses. Don't go without a solicitor.

Hanlonsamazer · 30/09/2023 16:15

UsernameChangedYetAgain · 30/09/2023 15:53

This. Everything leaves a ghost of a trace somewhere.

Show quote history

I promise, restoring your phone to factory settings leaves a trace of fuck all. But you can believe whatever propaganda you like.

Hanlonsamazer · 30/09/2023 16:16

User342465662 · 30/09/2023 16:06

  1. How much is a local solicitor going to charge for attending the interview and possibly defending OP afterwards?! If typical lawyer's hourly fees are anything to go by, it sounds like absolutely astronomical amounts.

  2. OP do you have some kind of legal liability insurance? If not, why do you mostly seem concerned about the difference between "person of interest vs suspect" and not the eye-watering fee that a (possibly?) false allegation will cost you?

  3. Is it that easy to frame someone for malicious communication? Assuming the cousin's family is behind this, what could they have done that resulted in an actual "semi arrest" of a real person? Considering how much hate crime goes un-investigated, there must be quite a bulk of evidence for police to take this case seriously.

  4. 2019 is only 4 years ago. It's not that normal to claim not to remember anything you posted from back then and will probably make things more suspicious.

Edited

It would cost about £600 IME. Easier to use duty solicitor in the first instance tbh.

Inkpotlover · 30/09/2023 16:17

Hanlonsamazer · 30/09/2023 16:15

I promise, restoring your phone to factory settings leaves a trace of fuck all. But you can believe whatever propaganda you like.

Show quote history

You can restore all you want but your phone records are still held by the phone company and the police can obtain a warrant to access them.

Rosscameasdoody · 30/09/2023 16:17

Redburnett · 30/09/2023 16:06

If it is voluntary it might be advisable to ignore in case you inadvertently incriminate yourself in any way.

It’s not voluntary. It’s a request to attend an interview under caution and it effectively means that you are under arrest as soon as you attend. None attendance will result in the OP being arrested and held for up to 24 hours without charge while legal representation is arranged. Better to turn up at the pre-arranged time with legal counsel.

Hanlonsamazer · 30/09/2023 16:18

Inkpotlover · 30/09/2023 16:17

You can restore all you want but your phone records are still held by the phone company and the police can obtain a warrant to access them.

Show quote history

Ahahaaa. Yep. O2 defo have a record of me liking a tweet 4 years ago. Lol. FML.

UsernameChangedYetAgain · 30/09/2023 16:18

Hanlonsamazer · 30/09/2023 16:18

Ahahaaa. Yep. O2 defo have a record of me liking a tweet 4 years ago. Lol. FML.

Show quote history

No but your ISP will hold this information for up to 7 years.

Rosscameasdoody · 30/09/2023 16:19

Hanlonsamazer · 30/09/2023 16:15

I promise, restoring your phone to factory settings leaves a trace of fuck all. But you can believe whatever propaganda you like.

Show quote history

But the information is still stored by the ISP and a court order would force them to provide it. And if it’s something connected to social media it’ll likely already be out there.

Hanlonsamazer · 30/09/2023 16:19

Kinneddar · 30/09/2023 16:13

In which case she'll be arrested. At a time which suits them, which could mean being arrested at work or taken out your house in handcuffs in full view of neighbours etc & shell will have to sit in a cell awaiting a solicitor - that could take hours. The voluntary option is being offered to allow her to go when it suits her with minimum disruption to her life

It's not going to go away by ignoring it.

Show quote history

Not to go back to the GC line but Caroline Farrow was arrested in front of her children which was incredibly distressing for them. When convenient for the police could mean 6 of them turning up at 4 am or indeed being met off a plane at the airport… really really bad idea to not engage with the voluntary attendance.

Hanlonsamazer · 30/09/2023 16:20

Rosscameasdoody · 30/09/2023 16:19

But the information is still stored by the ISP and a court order would force them to provide it. And if it’s something connected to social media it’ll likely already be out there.

Show quote history

More lols. What ISP if I was logged into the Wi-Fi at Manchester Piccadilly and using a VPN?

You lot are so naive it’s almost unbelievable.

UsernameChangedYetAgain · 30/09/2023 16:21

Rosscameasdoody · 30/09/2023 16:19

But the information is still stored by the ISP and a court order would force them to provide it. And if it’s something connected to social media it’ll likely already be out there.

Show quote history

And if someone's really not on your side and takes offence to what you've written they'll have screenshot it. So no amount of deleting will rid the world of what you said.

InfiniteTeas · 30/09/2023 16:22

It would cost about £600 IME. Easier to use duty solicitor in the first instance tbh.

This isn't correct. Legal aid still exists for criminal defence work - much as the government would like to do away with it. If you are over the means tested threshold, you may have to make a contribution to any court related defence costs, but legal aid in the police station is still free and hopefully always will be.

The duty solicitor is just a member of one of the local firms who happens to be on the rota at the time someone asks for rep when they're in the police station. Almost all local criminal solicitors will be on the rota as it is one of the main ways of generating work. All you are doing by arranging for a solicitor of your choice to attend with you is bypassing the rota, which is absolutely fine. At any time, the people waiting for interview in a police station will be repped by a mix of duty and own choice solicitors. As long as you go to a firm with a legal aid contract to do criminal defence work, you will not have to pay for your police station representation.

PencilsInSpace · 30/09/2023 16:24

Passepartoute · 30/09/2023 15:46

This is simply not true.

Show quote history

It was half true until as recently as this summer.

If the neighbours were black, gay, disabled (or had one of several other - but not all - protected characteristics) and they reported @Winnading to the police and said they perceived her comment as racist, ablist or whatever, then this would have been recorded as a non-crime hate incident.

The police would not investigate. NCHIs used to be recorded purely on the complainant's say so and the complainant can be anybody who has witnessed the comment, not just the person referred to.

They also would not arrest without other grounds.

There has now been new guidance issued since Miller v College of Policing, stressing that the police must use more proportionality when deciding whether to record NCHI. They must also now tell you if they record a NCHI against you and can only keep it on file for 6 years before reviewing whether it's still relevant. Also, in response to a DBS request, any NCHI recorded under the old rules must now be evaluated under the new rules and deleted if it does not meet the new proportionality standard.

https://www.gov.uk/government/publications/non-crime-hate-incidents-code-of-practice/non-crime-hate-incidents-code-of-practice-on-the-recording-and-retention-of-personal-data-accessible

Original poster
justbeenaccused · 30/09/2023 16:24

UsernameChangedYetAgain · 30/09/2023 16:21

And if someone's really not on your side and takes offence to what you've written they'll have screenshot it. So no amount of deleting will rid the world of what you said.

Show quote history

does person of interest mean they don't have enough evidence to accuse me of being a suspect in a crime? or are they synonyms

OP posts:
Rosscameasdoody · 30/09/2023 16:24

Hanlonsamazer · 30/09/2023 16:20

More lols. What ISP if I was logged into the Wi-Fi at Manchester Piccadilly and using a VPN?

You lot are so naive it’s almost unbelievable.

Show quote history

Can’t be bothered unpicking the flaws in this argument.

Hanlonsamazer · 30/09/2023 16:27

UsernameChangedYetAgain · 30/09/2023 16:21

And if someone's really not on your side and takes offence to what you've written they'll have screenshot it. So no amount of deleting will rid the world of what you said.

Show quote history

How admissible are screenshots?