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

But this isn't an informal chat, it's an interview, under caution...

Caringgiver

Sorry to sound dull - so what is the point of a police caution if it can be declined?

Are there consequences for refusing to accept a caution?

Get a solicitor and don't let your son talk to anyone until this has happened,

If you don't accept a caution you run the risk of it being brought to court if there is enough evidence

I can’t believe parents reported and police are following up re a teenager throwing a plastic bottle

Not wanting to worry the OP, but when I did jury service, one of the cases was a young man charged with assault for throwing a plastic bottle when he was part of a group of older teens messing around while drunk at the park.

He was found guilty of said assault but not sentenced on the day. It is possible to get a custodial sentence for such an offence. You'd probably not get one the first time, but persistent bottle throwers apparently do get sent to prison.

www.gov.uk/caution-warning-penalty
You have to admit an offence and agree to be cautioned. You can be arrested and charged if you don’t agree.

A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime.

Cautions can show on standard and enhanced Disclosure and Barring Service (DBS) checks.

I've only heard of the cases that have made the press where young people came under huge pressure to accept them or hadn't undertood the implications of accepting them.

You'd need lagal advice whether it was appropiate cause of action to accept one.

Oh goodness so maybe it would be better to accept a caution? But there again I think it’s fair to say this incident is unlikely to go to court . I’ll speak to solicitor when we get one.

Thanks again for all your comments

Your son is a juvenile so it is a reprimand. It would only be offered under certain criteria including an admission of guilt. If you admit guilt at Court then you're getting convicted so end up with that on your criminal record plus whatever other punishments are imposed. So why wouldn't you accept it?

Juvenile reprimands are generally weeded so tend not to cause an issue into adulthood but others may be more knowledgeable than me on that.

As mentioned before, restorative justice is used more now if guilt is admitted and little /no previous convictions, which doesn't leave him with a criminal record.

But its all a moot point because he's saying he only threw the bottle as the other kid had a knife, which isn't an admission.

Oh goodness so maybe it would be better to accept a caution?

This is why you need lagal advice - cautions can seem a better option but there may be no chance of this going futher and they can have implications long term.

Police can only issue a caution where enough evidence exists to prosecute, the suspect is of previous good character and shows remorse.

Police used cautions for years to clear up crimes were evidence was possibly not enough for charge.

It all depends upon the evidence disclosed by police to your solicitor.

I am shocked at some of the advice in this thread!!
To get a caution you have to admit the offence in interview. They are called different things for kids, reprimand and final warning, adults get one caution kids get a second chance. Don't admit it then no chance of a caution. Generally used for first offences only.
Legal advice is free at a Police Station, for everyone. If it's free take it, the officer won't mind either way if you choose to exercise this right. They will disclose to the solicitor what evidence they have and then you will be advised the best way to go about the interview by the solicitor. Solicitor will ask what disposals are available and will know if your local force supports restorative justice. No comment isnt always the best way, "it may harm your defence if you do not mention when questioned" is a warning in the caution that a court may draw an inference from your silence, a solicitors advice is useful!
Voluntary Interview IS recorded on PNC but it's not a conviction it will merely say you attended the police station on that date for an interview. You don't have to attend but if you don't then they can and likely will just come and arrest when it is convenient to them, not you, and not by mutual arrangement.
Whilst it is absolutely terrifying for you as a family please take a deep breath and step back, no cop wants to criminalise a child for a minor offence but if a complaint has been made they are duty bound to investigate it, it will be recorded as an ABH due to their being a cut, but in terms of legal proceedings will never be more than a Battery (lowest level of assault)
If you need anymore or have any more questions you are welcome to private message me

OP, when you go to the station for the VA you will be able to get a legal rep then. You can also pre-plan and meet one down there. I’m not sure how long the duty solicitor takes, so it might be best to have one with you.

Don’t listen to advice on MN. I know that contradicts my post, but some of the other posters (although meaning well) have got their information wrong.

Thank you 😊 sforsh and skittles

I admit I can be gullible and believe everything I read!

Don't panic your self by reading all the comments here about what could happen if you accept or don't accept the caution etc. We don't know the ins and outs. We don't know what the knife threats were or if your son was in fear of his life and this was self defence etc.

Speak to a solicitor and follow their lead. This isn't one size fits all, the advice and tales of experiences are useful for you to get a general idea of what happens but don't start to panic about it until you've had advice for your specific circumstances.

What a ludicrous situation.

The other boys' parents need their heads looking at.

And the police haven't enough to do. Can they go to London and sort out some of the stabbings please?

I am shocked at some of the advice in this thread!!

I’m not. You get the barrack-room lawyers out in force whenever a poster asks a legal question. They post what they think will happen and what they think should happen when their only experience of a court is walking past one on their way to the tube station. 99% of the advice given is plain bonkers so really shouldn’t be given any credibility. Even if a lawyer posts you get another poster coming on to argue with them.🙄. The only advice to listen to is that which you get from your own appointed solicitor who is in full possession of the facts.

Did your son hit him with the bottle when he was threatened with the knife or were they separate incidents? Are there any witnesses to him being threatened? Don’t expect you to answer publicly but might be worth asking your son.

Hope you manage to get it sorted out.

As other people on here have said, speak to a solicitor before he talks to the police and ask the police what the process is in your area and what the possible outcomes are.

Don't just accept a caution without careful consideration as like someone else said, there may be other restorative options. Hope it gets sorted properly.

@CroesoY I've sent you a PM

did your son speak in the interview?

I have never seen a voluntary attendance recorded on the PNC, it maybe recorded on the local constabulary crime recording systems, but not the PNC.

The disposal option ie charge, PND etc maybe recorded but if it is
NFA then no record need exist.

A moot point but it serves the OP to understand that going to the station with a solicitor voluntarily may well keep her son off the PNC where as arrest will mean automatic record being opened.

They want to prosecute this but they cant prosecute the fish tank lights husband when the woman has over 20 mins of video showing him abusing & pushing her to the floor in front of her kids?

Wankers. Shows our whole fckn snowflake society for what it is.

Eliza, that’s a ridiculous comparison. They haven’t even said they want to prosecute. The Police have a duty to investigate... which is what they are doing.

Police officer here. The only advice you should take from this thread is to get a solicitor. All other advice should be taken from them. The solicitor will speak to your son, will speak to the police, and then offer advice as to the interview. They will be there in the interview, and either you or his dad will be there as well to ensure that he understands what is going on.

Any other advice offered here should be ignored it is not coming from your son’s legal representative. Advice will depend on your son’s version of events, the other boy’s, and whatever else evidence the police have.

Good luck.

Fish tank lights?