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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:
user1474894224 · 15/02/2019 07:35

Omg ....I've never read such a lot of nonsense in my life. If this is a 13 year old boy who has never been in trouble, has a family with no history of trouble, doesn't live in an area where there is lots of trouble surely all the police want to do is scare the sh#t out of him so he doesn't do anything like this again. Surely advice to have a solicitor is a bit overkill.
There is no benefit in charging 2 little kids who were having a scrap. Op please come back next week and tell us how it went.

TheInvestigator · 15/02/2019 07:50

@user1474894224

You might think that, but they do. Kids have been charged. Kids have been left with punishments which affect future prospects. So telling someone to ignore the advice to get a solicitor is so irresponsible. It doesn't matter what age you are or what you are suspected of, if you are being interviewed by the police then you take legal representation... you need someone in the room with knowledge of the law, procedural knowledge and the facts of the case who is on your side.

Poloshot · 15/02/2019 07:51

Yes don't let him accept a caution as that is the same as a conviction.

Karigan195 · 15/02/2019 07:53

Get a solicitor immediately.

Be wary of reprimands etc as they sound nicer but stay on record.

You don’t defend yourself chucking a bottle so tell your son to think about what happened carefully.

Karigan195 · 15/02/2019 07:56

I cannot believe above poster is saying don’t get a solicitor. This is your son’s future that could be effected. Ps if you’re in North Wales. Use Simon Killeen. Humphrey’s Dawson.

BettyFilous · 15/02/2019 07:59

Dashing abd running so this may already have been covered. If your son accepts a caution, it is an admission of guilt and will show up on an enhanced DBS disclosure. If he plans to follow a regulated profession, eg medicine or nursing, it will be picked up from the DBS certificate when he applies to university. Take proper advice.

JustanotherJP · 15/02/2019 09:03

OP, I am a magistrate who sits in youth court and has done some work with the youth offending team.

Definitely get a solicitor, check they are covered but I believe under 16s automatically get legal aid so you should have a reasonable choice. You want someone who is experienced in youth matters.

A lot of the advice on this thread is rubbish but there are a few knowledgable and experienced posters here. I second what they have said about it being unlikely to get to court at all, based on the limited information we have here.

The police do all they can to avoid criminalising young people if they can and it is rare that a young person comes up in court who hasn’t already had a couple of out of court disposals. The youth offending team we deal with is fantastic and they also do a lot of preventative work.

Good luck to you.

Missingstreetlife · 16/02/2019 18:47

Pleas speak to a solicitor asap, if you haven't already. Don't leave till last minute, you probably won't have to pay
The police have targets, they want to clear things up but not always in the best way for you.
Your dc needs talking to but don't neglect protecting his interests

hellenbackagen · 16/02/2019 19:33

I can assure you that police do not have targets!

I'm a pc. It would be completely unethical and probably illegal to convict anybody for the sake of an imaginary target.

I do wish people would stop peddling ill informed shite .

notahiker · 16/02/2019 19:51

Get solicitor

Do not accept a caution.

I wouldn't advise to go no comment it's an opportunity for your DS to give his version and mention about the history with the other child.

Police may take it down the route of Restorative Justice which is an option to consider.

notahiker · 16/02/2019 19:52

The police have targets, they want to clear things up but not always in the best way for you.

Absolute rubbish. The last thing they want to do us criminalise a child for this.

hellenbackagen · 16/02/2019 22:56

The blanket advice in caution is also grossly misleading.

If a person has done wrong then sometimes a caution is the most lenient way of disposal without the trouble of going to court.

I'm always happy to report on summons and let the courts decide but this advice is seriously flawed .

It's no skin off my nose either way. But as I said Earlier.....I wish
People would STOP peddling absolute utter shite about police and the legal system in general.
I'm a police officer of 10 years. I'm always happy to give preliminary advice but fact is often crossed with fiction because people like to spin their own side of the story.

The best advice given here is talk to oic.
Get independent legal advice and follow it.

notahiker · 16/02/2019 23:54

Hellenbackagen

No one can be sure of anyones background on MN

From my experience of 20 yrs in police and now in civvy street in a similar role I see the consequences of having no legal advice and even crap legal advice. The number of people who accept police cautions who don't fully understand the consequences of it. Very difficult to get a caution overturned as you have 'admitted guilt'.

As a parent in these circumstances I would not allow my DS to have a caution. I doubt very much it would reach a 'public interest ' to prosecute, the other child would have to provide full statement etc etc. The parents of victim can easily say they want ' charges' but probably don't realise the process that needs to be followed.

sweetpeach91 · 16/02/2019 23:59

@CroesoY Jesus Chris what are the police coming to? A boy threw a plastic bottle and caused a small injury... so what? Happens all the time with different things at school! Definitely needs a telling off but I can guarantee your son won't be charged with assault, how ridiculous. (Law student)

But yes, if you've been invited for interview and you feel these parents are motivated enough to try for a charge and arrest them go for a solicitor (you could use provocation as a defence as your son has been threatened and essentially provoked into attacking).

Make sure you let your solicitor know your son has been threatened with a knife. That to me is much more serious than a boy retaliating by throwing a plastic bottle.

Karigan195 · 17/02/2019 09:31

Provocation is not a defence only sentence mitigation. The only defence open in these circs (since he’s admitting he did it) is self defence. Which is dubious as to throw a bottle you’d need to be a little way away from the target.

hellenbackagen · 17/02/2019 12:50

notahiker i fully agree and thats why ive said get a solicitor, independent legal advice, and follow it.

unless the cut behind the ear resulted in stitches or something id be looking at an RJ IF the details of the op are correct and the other lad agreed.
the options for me would be RJ
if not then referral to YOT team where they assess and work with both families to come to the best solution
i wouldnt want to criminalise a child for this if it really is as minor as the op suggests it is.

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

I’ve spoken to the police switch board and emailed the officer who will conduct the interview to say we will want the on duty solicitor to be present.

Hopefully his Dad will be able to chat to the solicitor before the interview for any advice.

I can’t believe how stupid the boys parents have been in contacting the police over something so petty. They’ve opened a can of worms and made things much worse for their son.

Although I’ve told my DS to completely ignore the boy in school, DS’s friends who’ve seen it because it was recorded on a phone and put on snap chat are out for revenge now like some stupid gang culture to see who’s ‘harder’

I’ll let you know the outcome on Wednesday after the interview

OP posts:
notahiker · 17/02/2019 17:15

Hope it goes ok.

I assume the school are fully aware of the situation with police.

TheInvestigator · 17/02/2019 17:27

I hope you're not placing all the blame on the other kid infront of your son. He chucked a bottle at someone and that's not OK; hopefully you're dealing with that.

Mumto2soontobe3 · 17/02/2019 17:30

Hope it goes well for your son OP.

Yesicancancan · 17/02/2019 17:34

Do not accept a caution, “if” there is sufficient evidence, police are unlikely to offer just a caution.

Yesicancancan · 17/02/2019 17:39

Might be worthwhile reading up on “appropriate adult” for under 18’s. Unlike a parent, they will know the process inside out and are there to support your child.

notahiker · 17/02/2019 17:43

Do not accept a caution, “if” there is sufficient evidence, police are unlikely to offer just a caution.

You have to have the same evidential test for caution as you would to charge.

Arnoldthecat · 17/02/2019 18:03

The police are interested in the potential assault which your son may have intentionally inflicted on the other boy. Him saying the other lad threatened him is not enough since you can only strike out in certain circumstances of immediate danger.

It will of course be traumatic for you all but the experience will be a good example to all concerned and may discourage any future potential misdemeanors

Gth1234 · 17/02/2019 18:06

don't accept a caution. It's an admission of guilt, and will give your son a criminal record.

It's hard to believe that anyone would involve police in anything so trivial, unless there is more going on.