Any police about? Need input

[MolliciousIntent]

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?

The voluntary interview can also be an opportunity for the police to question a suspect and once they have been shown indisputable evidence the interviewee realises that they now have an opportunity to give their version of events. If there’s evidence and someone goes no comment, when their interview is read out in court they never come across well.

Brilliantly put.

If you are being interviewed as a potential suspect, seek legal advice before committing to anything.
Thats the best advice you can take.
If you are not arrested- and they will tell you if you are- you are free to leave at any time.

if you’re asked to voluntarily assist in their investigation and refuse, they can arrest you instead if you’re their suspect

if you are arrested, you can make a “no comment” interview and seek legal advice on how to proceed

if they’re asking you questions in relation to being a witness, it’s a difficult one. They can compel witnesses at court I believe, but there’s no guarantee you would tell the truth so your testimony could damage their prosecution case

You say nothing, you do not answer any questions without a solicitor present. They represent you and your best interests, the police do not. You want someone who has extensive knowledge of criminal law with you and you take their advice.

This all depends on if you are a suspect or a witness.

So without context it's difficult to give advice.

But as you said "can they arrest you for not cooperating" I'm going to hazard you aren't the suspect. As the suspect doesn't get a choice on being arrested. The suspect can no comment throughout interview, but take legal advice on this from the duty solicitor.

If you are being asked to come in as a possible witness and they are "fact finding" you can simply say "no thank you". Not much they can do. Nobody can force you to willingly talk to the police.

Now should this all go to court there is the age old myth that the court can "summon you" but the CPS won't risk it, because you could just sit there and damage their entire case as they wouldn't have a written statement to reference so they have no idea what's going to come out of your mouth, so they tend not to.

To be honest I live in a fucking rough area, I've had the police knock on my door a few times for "enquiries" and as I rather like my windows having glass in them and my car in one piece I just deny knowing anything and say I can't help. They move on to the next door.

m.youtube.com/watch?v=d-7o9xYp7eE

This guy explains the answer to part of your question that's picked up on in answers here. It's in the US but definitely worth a watch if you're wondering whether having a solicitor present is really necessary. He speaks quickly, but he's got a lot to say!

U.K. law here
If you are being questioned about something you have allegedly done and might be arrested for, then agree to a voluntary interview but ask for a duty solicitor and talk to them first and take their advice

Often duty solicitors will advise you to say no comment or "on the instructions of my solicitor I am not making any comment"

The police officer will try to pressure you and believe me they do!! (Whether you are innocent or not, they will pretend they have everything on you even if you've done nothing)
I don't know anyone doesn't agree to free duty solicitor when interviewed by U.K. police.

They will interview you in police station under oath and recorded

Do not say anything at home when police visit
Nothing is not admissible when said without being interviews as that is felt to be voluntary statements and recorded on body cameras.

Always exercise your right to duty solicitor at a police station and take care with "chats" or "conversations" you have with friendly police officers

Under caution, sorry not under oath

I don't know anyone doesn't agree to free duty solicitor when interviewed by U.K. police.

I don't know anyone that doesn't regret .. and then the above .

If you are the suspect, or even if you are related/friends of the suspect - don't speak to police without a solicitor. The police are quick to threaten with charging you with obstruction justice if they don't feel you are cooperating. If they do you can insist on a solicitor who can get to the bottom of it. If the police are not forthcoming the solicitor will make clear in any recorded interview that the police have declined to provide any information etc.

They WILL try to bully you.

I'm a police officer but it appears that there is such mistrust and misinformation my advice would not be welcome .

It sounds like you're not being arrested and possibly just being contacted as a witness of some kind.

Whichever one it is, far better to get an independent solicitor (with experience of criminal law) and not rely on the "duty solicitor" (as this tends to be someone based in a specific police station, often on friendly terms with the cops at that station, who's therefore not always going to put your interests first and might give you bad advice).

The Law Society explain more on their website - see www.lawsociety.org.uk/public/for-public-visitors/common-legal-issues/criminal-law - and have a database of solicitors around the country.

If you are being questioned by the police because you're a possible suspect, you are always entitled to FREE LEGAL ADVICE from a solicitor. This isn't means-tested, it's available for everyone - those who are arrested; those who voluntarily attend the police station and those who agree to be interviewed elsewhere. It's always worth obtaining that advice - consulting them before any interview takes place, and having them accompany you in that interview, even if only to support you in saying 'No Comment' after confirming your name and address.

If the matter is protest-related in any way, check out the advice and resources available from: netpol.org/know-your-rights/

As police officer I think your opinion would be very valid. I have read some great advice from you over the years on here.

who asks this question here? it's like putting a fucking firework up your arse. Seek appropriate advice elsewhere.

Can't usefully respond without more information-are you expecting to be a potential complainant, a witness, or a suspect?

I don't know the ins and outs of the law, but I wholly agree with pp about getting a solicitor to accompany you, regardless of your status as suspect or witness.

I was invited to the police station 6 years ago to attend a voluntary interview as I'd been present at a gathering where someone had accused another of a criminal offence.

I was so incredibly naive. I thought a "voluntary interview" would be some sort of informal affair where the police would take a statement and ask some questions about my version of events.

I couldn't have been more wrong. It was utterly horrific. My version of events wasn't matching up to what the police had clearly already decided happened that night - and I was subject to what can only be described as an interrogation. One of them was being the 'bad cop' - thumping the desk, raising his voice, and trying to trip me up with an extremely hostile line of questioning.
The other was trying to act 'good cop', had a gentler tone, but saying things like "Right, come on Jock, just tell us the truth and you won't be in any trouble". I was telling the truth, but neither believed me.

I was in there 2½ hours, and it was the most awful experience.
The case got referred to the CPS, and heard in the magistrates court nearly two years later. I gave evidence that day, suspect found not guilty.

I will never trust the police again. I would never call on them for help, and I hope that I'm never in a position where I need to be in contact with them ever again in my life.

The duty solicitor will be a local independent solicitor who is on what is known as the duty solicitor rota for that police station. He/she is not based in the police station so if you ask for the duty, unless that solicitor is there dealing with someone else, there may be a delay while he/she travels to the station. Most of the local criminal solicitors will take it in turn to be duty (some very young solicitors who haven’t yet passed the duty exams and some solicitors who don’t do legal aid work won’t be on the rota). It’s a myth that the duty is connected to the police in any way.

Most duty solicitors do know individual police officers simply due to how often they see each other in the police station. The fact both the police and the solicitor are cordial to each other is because they are professionals acting professionally not because they are colluding with each other in any way.

However, you can get free legal advice in the police station if you are being interviewed as a suspect from any firm with a criminal legal aid contract. If you ring a firm, they can sort out an appointment with the police to avoid delay.

It can be worth attending as a volunteer because if that one interview is the end of the matter, it means you can honestly say ‘no’ when asked if you’ve ever been arrested, e.g. when applying for a US visa waiver.

If you are a witness, the rules (and funding) are different.

Your advice is completely welcome and valid. There are some people on here peddling absolute nonsense and trying to push some ridiculous anti-Police agenda. They are very foolish.

There's not mistrust please say your views

There is experience of maybe difficult police officers who don't care if there was a crime or not , I'm in the filed and know that a duty solicitor is a godsend when there was no crime committed!

But if there was a crime we are all ears...

Your advice is completely welcome and valid. There are some people on here peddling absolute nonsense and trying to push some ridiculous anti-Police agenda. They are very foolish

Of course police officers advice on this though op has disclosed nothing to say , will be helpful

But please don't say people suggesting duty solicitors etc are misguided . As police officers aren't the equality act informed or balanced judges if evidence that we wills hope they are.

Errr where did I say anything about solicitors? I didn’t.

Pointless thread unless OP gives a bit more detail - but if she is involved in something she shouldn't have been - directly or indirectly - she'd be sensible to leave the thread. Duty solicitor a good call if she's close to the situation. Not if she is just a witness to a road accident or something.
Maybe I've been lucky but I've mostly found the police very good and have been glad they've been around.

Well.
No one has to talk to the police if they want to.
In an interview you can simply go no comment. That's a right in law .
It would help me slightly if the op were able to give some context - I won t judge - police are not judge and jury they are evidence gatherers.

Has op been accused if something?
Or are they a witness to
Something ?

There is no legal power to force anyone to disclose anything to police . If you don't want to talk - don't .
If there are grounds to arrest- that can happen as grounds for arrest is simply suspicion- so if someone accuses you of a crime you may be arrested or invited to a
Voluntary interview (both are under caution and both may be used in evidence) so for any one who is accused of an offence I would always envoke the right to free and independent legal advice .
I would always do what a solicitor advises .
If that's say no comment - do it .
The solicitor speaks to the officer first to ask the grounds and circs - it's called disclosure.
Then the solicitor can advice their client on the basis of what evidence there is or isn't .
Hth .