Police interview for DS 13

[CroesoY]

Also posted in teenage section

Police phoned me last night and want my son to do a voluntary interview. Wouldn’t tell me over the phone so his dad went to the station to find out what it was about.

My son had thrown a plastic bottle at another boy (13) which left him with a small cut behind his ear.

Boys parents reported my son to police for assault and want to press charges.

My son said the boy has threatened him with a knife.

Do I need to get a solicitor?
Can my son get a criminal record?
Any advice please from anyone who’s familiar with legal system?

Thank you

Do not ever agree to an interview without legal representation.

"No Comment" goes a long way.

You only get a criminal record if it goes to court and there is a conviction.

Ok thanks for your reply

Do I need to get a solicitor? YES

Before you, your husband, your son speaks to anyone. Get a solicitor. Not a fucking word till then. Don't accuse the other boy. Don't claim self defence. No phone calls. No voluntary interviews. If he gets picked up off the street, he should say nothing other than "My parents said they would get me a solicitor. Can I speak to my parents please"

There are a million ways to talk yourselves into trouble. The solicitor will advise what to do.

Boys parents reported my son to police for assault and want to press charges.

Uk it's CPS who decide if there is case - not the other parents.

Don't let him accept a police caution and yes I'd make sure he has legal representation in any interview even a voluntary interview.

I was in the Police but I left 13 yrs ago. You will be able to take a solicitor if you want one, but that is your decision to make. It may have changed a bit but I'm not sure the solicitors are free if you are attending in a voluntary capacity, I think that only applies if you are arrested.
There were a couple of cautions for kids when I was in, a reprimand and a final reprimand or something similar before you were given a caution which is put on your criminal record, I'm not sure if the other two show up.
My brother got one for criminal damage when he was 15, a reprimand that is, it was a one off and it certainly hasn't prevented him from joining the army and fire brigade.

May be get some further advice, but really try not to panic, it's not the be all and end all of his life regardless of how it turns out, main thing is he learns from it and appreciates how easy it is to get the attention of the Police and doesn't do it again.

With regard the knife, no situation is ever as it seems, so just keep an open mind.

Ok that’s reassuring thank you - it’s so stressful!

The police will make a report and send it to the CPS (england) or procurator fiscal (scotland). They are the ones who decide if charges will be filed and that is decided using several factors like chance of conviction but also considering whether or not it is in the public interest to prosecute. From what you've said here, I can't see them going for a conviction but do not say anything to the police. Contact a solicitor, go see them and follow their instructions.

The investigator thanks - I’m in north wales so is it still CPS like England?

You are entitled to free independent legal advice if you're being interviewed under caution at a police station irrespective of whether arrested or not. Ask the officer to arrange it if you don't know who to use as they'll have a duty rota, preferably before you get there or you'll end of waiting around. No comment isn't necessarily the best way to go and a solicitor or legal rep will advise your son.

Your son can get a criminal record but with such a minor assault the officer would be looking to deal with it in other ways first. If he doesn't admit the offence in full it's difficult. Results are no further action (not in the public interest or not enough evidence) or charge and let a court decide. If he admits it then there are more options, restorative justice (saying sorry normally) or reprimand if he has no previous convictions.

CPS - crown prosecution service is main prosecuting authority in England and Wales.

www.cps.gov.uk/cymru-wales

Depending on what force area you live in a lot of them have lower level methods of dealing with crimes like this especially for children so the advice you've been given above about going no comment isn't necessarily the best advice, especially if your son is admitting to you he's done it. I am a police officer and in our force if a child with no criminal record admits the offence and shows remorse it could be dealt with at a restorative justice level where he may be asked to apologise to the other child and effectively receive a written slap on the wrist which wouldn't give him a criminal record. On the other hand if he decided to go no comment and there was enough evidence to charge you could all be looking at a day in court so it's worth finding out from the officer dealing with it what the possible outcomes are and speaking to a solicitor. The officer dealing should arrange a duty solicitor for you if you don't know of any.

Had similar with my DS - prepared statement (written with lawyer in work though) which is read out (showing self defence to the assault) then went no comment. However it was clear police wanted more information (size of the knife etc) and decided to answer reasonable questions (no comment - to others which weren’t) - I do know system though and legally trained. As others have said do not accept a caution unless advised by a good criminal lawyer!

Bloody hell. Quiet day in Wales? I can’t believe parents reported and police are following up re a teenager throwing a plastic bottle.

Legal advice, he hasn't even been arrested, he may not have to go

What does a voluntary interview mean? Does it mean you can decline to attend?

A voluntary interview is just that, you will get a solicitor free of charge if you request one, you could even do a bit if research before hand and take your own if they do police station work they can claim against the duty solicitors scheme.

Depending upon the severity of injury, your sons record, and standards of evidence this will be triaged by a Youth Offending Team, meaning that a charge is not automatic.

Let the solicitor advise you depending on what is disclosed by police.

I'm baffled too IncrediblySadToo
Where I live we can't get the police to come out for serious incidents involving school children never mind a thrown bottle.

You can decline to attend a VA. You do run the risk of your son being arrested in order to obtain evidence by questioning though.

You can decline to attend of course, but anytime spent in a police cell sucks. You also get you name on the police national computer, prints and DNA taken etc

Then you wait hours for interview and the food sucks

A voluntary interview means time date and location can be planned in advance , solicitors prebooked, and no details enters on PNC

Thanks everyone- my my husband is currently sourcing a solicitor and researching online

The attendance will be down to the degree of injury, a cut is ABH.

Never assume the police are ever on your side. Never answer any questions, wait for them to show their hand first.

I would never be interviewed or let DC be interviewed without a solicitor present.

Are there witnesses to this crime? Do they have the bottle your son threw?

On the other hand if he decided to go no comment and there was enough evidence to charge you could all be looking at a day in court

That's so shit. I've never had bother with the police in my life, non of my family has. But I'd decline to comment on anything until I'd had legal advice. I'm entitled to it. It's my right.

Nice to know plod feels affronted by this and would perhaps feel so hard done by they'd push for a day in court over more appropriate methods. Is this why abusive men feel they get away with everything and can go stabbing ex girlfriends but a mother with a twitter account gets 7 hours away from a breastfed child and refused basic hygiene products.

Under no circumstances accept a Police Caution as it stays on your record and shows up in DBS search. If CPS have enough evidence to get a prosecution they would take your son to court if not Police sometimes ask you to take a Police caution. It is voluntary do not take it. I had a student who when 13 stole a lipstick from shop. Took a voluntary police caution and years later it affected her ability to get a job as it always shows up DBS even though about eight years ago.

I’m in north wales so is it still CPS like England?

English and Welsh law is synonymous, Scotland and Ireland are different.

On the other hand if he decided to go no comment and there was enough evidence to charge you could all be looking at a day in court

^^ I wish people would stop MAKING UP things; the CPS choose to prosecute in the balance of public interest and with enough evidence. By which time this would have moved from an informal chat to a formal interview and charging.

May I draw peoples attention to this :

You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."

^^ the right to remain silent.