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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Police interview for DS 13

127 replies

CroesoY · 13/02/2019 13:09

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

OP posts:
Coldilox · 13/02/2019 16:01

Agree with PP if you don’t already have a solicitor that you want to speak to, the police will arrange one free of charge when you go in. You and your son will have as much time as you need to consult with the solicitor once the police have told him or her the circumstances.

Sleepsoon7 · 13/02/2019 16:10

Look up the role of appropriate adult and search for family member acting as appropriate adult. That will explain what your role in the interview is - you are there to look after your son’s interests (but not to give legal advice - that is the role of his solicitor)

coppercolouredtop · 13/02/2019 16:11

is it a voluntary interview?

also police here - arrange to take your own solicitor as will be quicker but police can call duty if necessary just will take longer.

police will tell your solicitor what evidence they have.
he will then advise you based on this.

does your ds have any previous dealings with police?
you or his dad will act as appropriate adult in interview so you can ensure he understands the questions being put to him.

it sounds fairly minor - take it this happened out of school?

spongebunnyfatpants · 13/02/2019 16:19

I work for the youth offending service.
Your son will get free legal representation at the police station.
A parent can attend the interview with him and sit in on the interview, if a parent can not attend then an appropriate adult will be provided, as by law there has to be someone in the interview with him (as well as legal support) as he is under 17.
The interview will be recorded and if the police feel there is enough evidence they will go to the cps for a decision of wether to press charges.
Please encourage him to be open and honest in an interview "no comment" answers are a waste of everyone's time and achieve nothing, apart from giving the impression you have something to hide/your guilty.
He can stop the interview at any time to get legal advice in private.
It's highly unlikely it will go to court, in our area, if anything he'd get an early intervention piece of work at the youth offending service.
Also make him aware that once at the police station they will read him his rights under caution before the interview. This is all part of the process and doesn't mean they will charge him with the offence.

Sleepsoon7 · 13/02/2019 16:26

As a previous poster put please don’t take legal advice - particularly about whether to give a full interview, go no comment, or give a written statement - from anyone on this forum, whatever their credentials. Take all legal advice from his solicitor who will be told a summary of the case against him and who will have taken an account from your son.

coppercolouredtop · 13/02/2019 16:44

sleepsoon

Sorry but that's bad advice.

Get legal advice- the solicitor is there to look after you're son and advise according to the evidence.

coppercolouredtop · 13/02/2019 16:45

Oh sorry think I misunderstood-

JasperKarat · 13/02/2019 17:00

OP I have professional experience in youth offending the AST majority of connects here are absolute nonsense and scaremongering. By all means get legal advice. The likelihood is the police will want to deal with this via some kind of out of court disposal, such as an apology, or some restorative justice, if it is a minor injury caused. This would be non statutory and would not show on any criminal record, but please get some proper advice and get off MN , the things being said here are enough to make anyone panic!

JasperKarat · 13/02/2019 17:02

*vast majority of comments
spongebunnyfatpants is pretty much on the mark

Original poster
CroesoY · 13/02/2019 17:08

Thanks everyone- the interview will take place next week. His dad will be acting as an appropriate adult as he’s better in these types of situations and can think on his feet.

For those ‘in the know’ I understand there will be a duty solicitor which is free, and if we were to get our own solicitor obviously we would pay. But is there an advantage to getting our own solicitor? Presumably the duty solicitor won’t really give a shit whereas if we pay someone they may do a better job? What do you think?

OP posts:
coppercolouredtop · 13/02/2019 17:20

Agreed with jasper

I want to say that as a cop I'd be seeking to deal with this in a low key way - it's minor and I'd be looking at RJ (restorative justice) - both lads in a room together to say sorry. Form signed , case filed no further action.

But I don't know full circs.

Why not give the officer in case who it's been allocated to a call and just discuss as I feel pretty sure it would put your mind at rest.

coppercolouredtop · 13/02/2019 17:26

Ps ...RJ isn't a conviction. Wouldn't harm any future career choices etc.

No police officer is going to want to criminalise a 13 year old for a minor scuffle with another boy.

Call the OIC and have a chat

And the appropriate doesn't speak in interviews-don't worry about thinking in your feet.

Kiddy scuffles are so common we have an officer called a children's and young person officer to deal with low level kiddy stuff.
I really would try not to worry .
It's not down to other lads parents either what happens.

It's down to police and I can assure you we take a very common sense approach .

Original poster
CroesoY · 13/02/2019 17:43

Thank you coppercoloured that’s very helpful advice

What would happen if my son refuses to apologise? I believe he has PDA (awaiting a diagnosis) and generally refuses to do anything he’s told to do 😡

OP posts:
Aridane · 13/02/2019 17:59

For those ‘in the know’ I understand there will be a duty solicitor which is free, and if we were to get our own solicitor obviously we would pay. But is there an advantage to getting our own solicitor? Presumably the duty solicitor won’t really give a shit whereas if we pay someone they may do a better job? What do you think?

Go to a solicitor in advance and pay. It's not about not giving a shit, quality of advice etc - it's about being prepared in advance and navigating the system

coppercolouredtop · 13/02/2019 18:04

It's hard to advise without knowing full circs and I don't want to give incorrect advice

I'd seriously find out who is officer in case and either drop them an email or call 101 to see when they are in duty and ask them to give you a call. The call handler would email them with your phone no and ask them to call you.

But it doesn't sound like crime of the century so try not to panic.

In our force I'd have dealt with this by written interviews before but PACE (police and criminal evidence act) changed recently meaning interviews have to be audio recorded where ever possible. That's possibly why you're being invited to station for interview.

Give the oic a buzz as I'm sure you will feel better after .

Good luck

Original poster
CroesoY · 13/02/2019 18:08

Ok thank you copper I know the name of the person who will be conducting the interview so will chat with her.

OP posts:
spongebunnyfatpants · 13/02/2019 20:09

@Coppercolouredtop to say AA's do not speak in interviews is misleading. They do speak if they feel the young person is not being treated fairly, or they believe that the young person is not understanding the questions being asked of them and can halt an interview if they feel it's getting too much for the child to cope with. Although they play no part in the questioning and answering. An AA has to be confident enough to speak up if needed.
OP please inform the interviewing officer and legal advisor of your son's additional needs, as this may affect they way the officers interview him.

coppercolouredtop · 13/02/2019 20:19

I was referring to what op said about the aa having to "think on their feet"

I fully understand the role off aa thank you and the op should be reassured that it will all be fully explained by the oic prior to interview commencing.

But the role of aa is not to answer for the person being interviewed. It is to ensure the young person fully understands the questions and to look after the youngster not
To speak on their behalf, which is what I took the op meant when she referred to the aa having to think in their feet.

I've been interviewing suspects for nearly 10 years. I have a scripted a4 sheet of paper for Aa in my interviews so they fully understand the role before we start.

I was simply trying to reassure the op and my advice was and still is to contact the oic to discuss prior to interview so she has a better picture of the allegations.

spongebunnyfatpants · 13/02/2019 20:25

I'm sure you do know the role and I'm not high jacking the OP's thread to have a conversation with you about it, however what you first said was misleading.

Buster72 · 14/02/2019 08:46

Everyone is entitled to free solicitor at the police station.

The duty solicitor will be a local solicitor independent of police the only issue you will have is waiting times...they could well be at another police station and it is not unknown to wait hours for their attendance.

By arranging your own solicitor ahead of time it will be free ( if they are part of the duty solicitors scheme) and save time.

bellabasset · 14/02/2019 09:17

I hope it gets sorted for your son. No advice other than get your own solicitor.

If my son had been hit with a bottle I hope I would have spoken to the parents of the other boy before speaking to the police. Kids fall out.

Montypontypine · 14/02/2019 09:37

Hi there, I'm a barrister specialising in criminal law. Duty solicitors are specialists and have to go through accreditation programmes to do the work they do. Oddly they get paid bugger all but that's an entirely different thread....

Get a solicitor who is a duty solicitor for the police interview, it will cost you nothing.
Look on the website for the criminal law solicitors association to find one near to you. Phone one lical yo you before hand and arrange for them to be at the police station for the interview.Your son will need to listen to the advice given and decide how to priceed from there. Do not agree to anything at the police station without legal advice. Good luck

IncrediblySadToo · 14/02/2019 23:53

I wish people would stop MAKING UP things; the CPS choose to prosecute in the balance of public interest and with enough evidence

In an ideal world maybe. Meanwhile in the real world...

IAmNotAWitch · 15/02/2019 00:04

Do not say or agree to anything without first speaking with a lawyer. You want the lawyer there for the interview as well if possible.

I would pay my own lawyer rather than depend on a duty solicitor. More choice, availability etc.

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