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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Any police about? Need input

178 replies

MolliciousIntent · 19/12/2022 21:30

Need some information about what rights people have vis a vis the police... If they ask to question you in relation to a crime, are you allowed to say no? What can they do if you say no? What happens if you refuse to answer their questions? Can you be arrested for not cooperating?

OP posts:
MrsMorton · 19/12/2022 21:35

Good luck OP. My experience over the last 6 months leads me to say- do not trust them. Do not volunteer any information. Do not speak to them without consulting a solicitor.

Most importantly, do not expect them to care about you or your safety.

PurpleNebula84 · 19/12/2022 21:36

Are they asking as a witness or a suspect?
If as a suspect, they could arrest you and interview you under caution if you didn't agree to attend a voluntary interview.
You would be entitled to free and independent legal advice both under arrest or attending voluntary.
You wouldn't have to answer questions as they can't force you to speak, but I'd definitely say get legal advice.
A witness, no rights per se - but if you say no, there's not much else they can do.

LikeTearsInRain · 19/12/2022 21:38

Most police do no fully understand the laws they enforce or the rights of the public. I would not take their advice at all. Speak to a solicitor.

Hadtochangeforthisone · 19/12/2022 21:39

You always have the right to say 'no comment'

creamcheeseandlox · 19/12/2022 21:40

If you are a witness then they will ask you to give a statement but you are not obliged too....we need more information re this situation

Notyetacatlady · 19/12/2022 21:42

Depends if your a witness or not or what they want to question you about

TimeFlysWhenYoureHavingRum · 19/12/2022 21:42

Most police officers seemingly do not understand the law or are happy to break it if they do. I wouldn't trust them again after the last few year's revelations / disgraces.

BlueG4 · 19/12/2022 21:43

They can invite you to a voluntary interview to assist them with their enquiries. You do not have to attend, it is voluntary.

The moment anything is said or they have reason to believe you are a suspect, they have to caution you before asking further questions. From that point you are entitled to have a solicitor present before you answer any more questions and a solicitor would advise you to say nothing relating to the offence after being cautioned until you have had legal advice.

Arabelli · 19/12/2022 21:43

Of course you can say no, they cannot force information out of you.

Contact a solicitor and get proper legal advice regarding your situation.

FOJN · 19/12/2022 21:44

You have to give them your name and address and nothing more.

If they arrest you and want to question you as a suspect make sure you have legal representation. Don't say a single word without a solicitor.

These days I wouldn't trust them as far as I could throw them.

Findyourneutralspace · 19/12/2022 21:47

‘You do not have to say anything but it may harm your defence if you do not mention, when questioned, something you later rely on in court.’

That’s the warning given to suspects when they are arrested. You don’t say if you are a suspect or a witness though.

Worth getting a solicitor but no, you don’t have to answer questions.

RambamThankyouMam · 19/12/2022 21:48

Don't trust the police, is my advice.

Original poster
MolliciousIntent · 19/12/2022 21:51

Findyourneutralspace · 19/12/2022 21:47

‘You do not have to say anything but it may harm your defence if you do not mention, when questioned, something you later rely on in court.’

That’s the warning given to suspects when they are arrested. You don’t say if you are a suspect or a witness though.

Worth getting a solicitor but no, you don’t have to answer questions.

I thought that was in America?

OP posts:
Bluebottl · 19/12/2022 21:54

Just further to the post above, the last part of the caution is “anything you do say may be given in evidence”. So if this is an interview in relation to your suspected involvement in a crime, it would be recorded and that recording can be replayed as your evidence. The first part of the caution means just that, you don’t have to say anything. That is your right.

The middle part of the caution means that it’s your opportunity to give your account and if you don’t give one, or perhaps go to court and say something different…the court may draw an inference from that and they might not believe you.

If it’s in relation to being a witness then that is entirely your prerogative and you won’t get in trouble for not supplying a statement or account.

purpledalmation · 19/12/2022 21:56

It's voluntary to give a statement. If they arrest you they have to caution you ^ You have the right to legal representation for free. They also need grounds to arrest you like evidence. You can still remain no comment.

RaggedBlousedPhilanthropist · 19/12/2022 22:08

To those saying “don’t trust the police”, what is the alternative? Take the law into your own hands?

Just as there are some bad apples in every organisation and institution doesn’t mean that the Police as a whole are not to be trusted.

They are damned if they do and damned if they don’t.

People want the police and courts to help them but then don’t want to give statements because they don’t want to be seen as a “grass”.

How do you expect justice if you won’t speak out? How do you expect the police to try and protect you if you won’t tell them what’s happened or happening?

Too many scumbags get away with sex
crimes and domestic violence because people won’t speak out, and then it’s always the police’s fault for letting the perpetrator go.

The Police is just part of the system. Once a case gets to Court it’s in the hands of magistrates (less serious) or a jury (more serious) who are ordinary people who decide if someone is guilty or not. The police don’t get to decide if someone is guilty or not.

There’s a lot of crap going around about the justice system in this country but it’s far better than you would get in most places.

AlisonDonut · 19/12/2022 22:09

A voluntary interview is a fishing exercise to allow you to incriminate yourself. Also, if they have evidence they will arrest and then they have a time limit to charge you.

CoffeeBoy · 19/12/2022 22:11

You don’t even have to give them your name and address unless they have reasonable grounds for suspecting you’ve committed a crime.

if you are arrested or interviewed under caution you can “no comment” to every question.

PurpleNebula84 · 19/12/2022 22:12

AlisonDonut · 19/12/2022 22:09

A voluntary interview is a fishing exercise to allow you to incriminate yourself. Also, if they have evidence they will arrest and then they have a time limit to charge you.

If it's an official voluntary interview, it's recorded under caution and you can speak to a solicitor in person or over the telephone... Same as if you were under arrest.

Puckthemagicdragon · 19/12/2022 22:13

You literally only have to give name and address. I would say nothing else without a solicitor present.

PieonaBarm · 19/12/2022 22:13

There's a lot of misinformation on this thread OP and I'm not going to give you any advice, except to speak to a Solicitor who deals in Criminal Law who will give you the correct advice as to whether you should attend or not, and will attend with you if necessary.

Ginger1982 · 19/12/2022 22:14

Need more info as to context.

WatchoRulo · 19/12/2022 22:14

MolliciousIntent · 19/12/2022 21:51

I thought that was in America?

Show quote history

No the US caution (Miranda) is shorter and different “You have the right to remain silent. Anything you say will and can be used against you in a court of law.”

Talk to a solicitor - you may want to help, but if the Police suspect you of something it's best to get advice first, even if you plan to confess. If you are innocent it's also important. You can tell them you want to co-operate but only once you have advice.

RB68 · 19/12/2022 22:15

If you refuse you can then be brought in for questioning probably under arrest. Generally I would get the advice of a solicitor and see if they can come along - you should be entitled to a solicitor on the day - you may have to pay though. Be prepared for the Police involved to just not turn up though, I think there is alot of avoiding difficult things, setting things up and shifts changing and the message not getting through and so on, but a relevant solicitor (Crim) would be the best person to advise rather than Police.