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

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.

Only if your son is telling the truth. I have a hard time believing, that throwing a plastic bottle at someone would protect your son from a threat of an assault by knife.

"Previously threatened by a knife".

So, previously. Not in that moment. Throwing a bottle was not in defence of a knife. It was an independent act of violence and temper and it is not OK. And if you won't teach your son that that kind of behaviour is not OK, and also won't speak to him about apologising then he's not going to come out well in an interview.

The knife issue and this issue are separate. If it had all happened at once, then that's different. But you should have called the police about the knife threats at the time. He can't go around throwing things at people. If he has had a problem with someone then he needs to approach that through the correct channels.

Good luck in the interview, but you should give your head a wobble and think about how "its not my fault, it's all their fault and I've done nothing wrong" is going to sound to the police.

Can I just also point out that sometimes people ARE guilty and a caution is the lesser or all evils .

Simply saying never admit responsibility is actually also irresponsible.

It doesn't stop a case going to court. If a caution is refused generally I report on summons and wang a file in for court - let them explain it all to a magistrate and take whatever is meted out by them 🤷🏻‍♀️

Sorry if I’ve misunderstood, but if you don’t arrange the solicitor before Wednesday, ie wait until you get to the station, you could be waiting for some time.
If you haven’t already, contact one and ask them to arrive shortly before the interview time.
Good luck.

Renster - we have required a 'duty solicitor' which I believe is provided free of charge by the police staff. We do not know who this is and are therefore unable to contact them before the interview.

Hopefully the officer who I emailed will get back to us to advise who the solicitor will be and whether we can contact them directly therefore be a bit more prepared.

Op
The officer won't know who it is until the day.
Duty is exactly that - whoever is on duty that day.

Ok thank you hellenbackagen.

There is a Rota for duty solicitors though where we are so the police may know in advance what firm is on the rota for Wednesday.

As police I can safely say only custody have that information. I certainly don't as a pc.

Op
If you contact any solicitors firm and explain, they may help you under the legal aid scheme. And be able to attend with you.
It’s just that if you ask for duty, they don’t get called until when you get there, and it’s in the hands of the Gods how long they take to get there! Could be 30mins, could be longer.
I just don’t want you and your son sitting in a police station any longer than you have to. They’re not nice places, usually!!

Hope wednesday goes as well as it can for your ds

Hi OP.

The solicitor will be present on the day if you have requested to use a duty solicitor beforehand.
There is no charge.
Can I suggest that given the option (and the police can request this happens) you say yes to the presence of an appropriate adult.
Being a parent in a police interview can be a stressful situation, and often having that third party will be an objective and impartial person which is invaluable.
They will be experienced in dealing with children in the police capacity and will be a very good support for your child and also for you.
They are also independent of the police.

Tbh do you need to go?

If it’s voluntary don’t go- it’s down to the police to put the case together, to put forward as a case for prosecution and arrest your son if deemed appropriate.

It sounds a waste of money and resource to prosecute so I imagine would all get dropped.

Don't put your son through being arrested and taken into the custody suite. It will be a horrendous experience for him and totally unnecessary.

Lots of enquiries nowadays alleged suspects are invited into interview voluntarily. You have the same rights an arrested person but are ' free to leave at any time ' .

Dragon

Yes they need to go else the lad will be arrested and questioned under caution that way.

Tbh do you need to go? If it’s voluntary don’t go- it’s down to the police to put the case together, to put forward as a case for prosecution and arrest your son if deemed appropriate.

Well that’s got to be one of the worst pieces of advice I’ve seen on here. Why do people who obviously know nothing feel they have to post any old bollocks?

I'm not so sure it is bollocks. I've heard of quite a few cases where people have declined the invite and heard nothing more.
Heard of some where the police have subsequently come for them in a more official capacity as a result too mind you, but it is an option all the same.
On this occasion it would probably be the latter tho, considering the fact there's visible injury and phone footage.

Don't wait for the duty solicitor because you might have to wait at the police station if he/ she is busy. Look up a firm of criminal defence solicitors and aŕrange for one to attend the interview with your DS. It is free.

I used to be a duty sol btw!

dragons trust me on this

if i have "invited" someone in for intervew that is me being very very nice and giving them the opportunity to avoid arrest, do you really think everyone just avoids difficult questions by deciding not to turn up when an allegation of assault is made?
the victim and family will be waiting for an update. these things do not simply go away if you ignore them.

OP duty solicitor could take a fair while to get to you especially if they are dealing with several prisoners at same time. just be aware of this.

once your solicitor arrives the officer will do disclosure with the solicitor to tell them what evidence they have.
they (solicitor) will have a consultation with you and your son privately and advise you based on that disclosure from the officer and the evidence as it stands. its pretty formulaic from my experience.

its nothing to be terribly scared of but he should by now be realising you cannot chuck stuff at people causing injury without having to account for it.

Hi I’m CroesY’s partner - just wanted to update you on our son.

We had the voluntary interview earlier with duty solicitor present. Police officer interviewing was friendly and fair. At the end of the interview her superior - a different officer said he was to be charged with assault. He has been referred to the Youth Offenders Team and dependant on how co-operative he is will either result in a caution or going to court.

We’re a bit shell shocked but would like to thank everyone for their comments.

Oh, that's bad news.

The YOT do some fantastic work - that is not necessarily a bad thing. Good luck OP with the rest.