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Original poster

Child to be interviewed under caution

64 replies

PaddingtonSandwich · 10/08/2017 16:16

Hi. First ever post so please be kind ;-) Brief outline.. 13yr old boy stupidly gave 13yr old girl a "love bite" when out as a group and all larking about. No coercion etc. 2 days after girl's Mum discovered said "bite" & her and her partner turned up on our doorstep screaming our son was a "paedophile" & trying to force entry to get at him.

Son is autistic and goes to SEN school and we discussed the whole situation openly with them and he was spoken to about appropriate behaviour etc. The first I actually knew about it being reported to the police was when SS called 3 weeks ago, and said they'd spoken to the girl, got very little from her and wouldn't be taking any action.

We are now 8 weeks on & I have been contacted by a DC saying she has now got around to dealing with the incident and wants to interview son under caution so she can close the case. Says her sergeant has said no further action will be taken but has to be done. She is coming to the house tomorrow. She said he's entitled to a solicitor but as nothing is going to happen thereafter there's not really a need. If he's interviewed under caution, should it be a taped interview? Will this happen as she's doing it at home? Any advice please?? Many thanks

OP posts:
Florene · 10/08/2017 19:07

No problem, it will be fine I'm sure. x

PaintingByNumbers · 10/08/2017 19:08

You also need to be there. Your role might be to stop leading questions (not meant that way, but interpreted badly eg 'could ....have happened? Well, of course anything could have happened ... or where a situation is imagined and then is agreed to)
I would also definitely have a solicitor, personally

Original poster
PaddingtonSandwich · 10/08/2017 19:22

Becotide I'm inclined to agree but unfortunately it is what it is. Hard lesson hopefully learned. On a side note, her parents and been spoken to about turning up at our door and also for another occasion when she yet again yelled at him for being "a dirty paedophile" in a local shop. We've also been contacted by Victim Support. Ho hum. The joys of being a parent I guess?!

OP posts:
Kardashianlove · 10/08/2017 19:28

becotide has some great advice. The police have already tried to tell you your DS isn't allowed a solicitor at home so bear this in mind when thinking about what else they have said and whether it is actually true/correct.

DancingLedge · 10/08/2017 19:54

"Just accept a caution, and you won't be charged , this will be over, and it's not really a conviction". , ( with apologies to police officers who wouldn't do this)
Heard this SO many times. Not a conviction, but yes it is a criminal record. By accepting a caution, you've admitted an offence..

The fact that so many officers will mislead to the point of lying, is why you need a solicitor.
Don't go defenceless into a situation you don't understand.
Ex used to work in custody suite, and was the least bleeding heart you can imagine. He sat each of DC, and anyone else who would listen ,down, and made them promise they would never have a police interview without a solicitor present.
You can have a solicitor at home. Maybe not the duty solicitor, but any criminal solicitor.

iMatter · 10/08/2017 20:40

Thank you Dancing. That's exactly what I've been trying to say.

There is a very real risk that your ds will have a sexual offence caution on his record.

I would move heaven and earth to avoid that.

IDoAllMyOwnStunts · 11/08/2017 07:19

The offence is sexual activity with a child.
You don't need to establish for this offence that the victim did not consent, as they are a child they cannot give consent anyway.

However, in looking whether to pursue it, the police will want to know if any force was used, if there's any imbalance of power or other aggravating factors. It does sound like they've decided that it's not in the public interest to pursue it. So even if your son admits it, they might decide (and to be honest have already decided) that's it's not in the public interest due to the low level 'harmless' nature of the act that took place to criminalise your son.

This includes the decision to caution him. I imagine the DC is being upfront as this has already been discussed with CPS, and they have decided they would not pursue the matter despite there being sufficient evidence that the crimes been committed.

worridmum · 11/08/2017 09:18

Am sorry but florene advice saying you wont need a solicitor is only correct if police were perfect and followed the letter and spirt of the law which they dont always do aka lie to suspects saying a cation isnt much just accept it etc

I would get your own solicitor to actully be there to stop the possibility of them taking advantage for quick resolution aka a caution or to lead him into confession to something more with leading questions.

And a phone call wont stop this so please get your own solicitor as i have seen too many cases of people being mislead and stiched up for quick results that look good on paper (not saying all do but there are atleast some police that do this) and its better to be safe then sorry.

worridmum · 11/08/2017 09:23

Oh and sexaul related cautions or violence against children cautions (even when they are a child themselves) never get spent and removed like other cautions and will follow him for the rest of his life (aka will never pass a dbs check banner from USA etc) so avoid if possible and a solicitor will be best position to advise

becotide · 11/08/2017 10:06

You really do need your own solicitor there. I'm not saying the police officer herself has it in for your son, but she MAY be under a lot of pressure from above to "resolve" this case quickly, and will look at your son's life circumstances and decide a criminal record won't make much difference.

What I'm saying is, someone might throw him under the bus to make their life easier.

crashandburnt · 11/08/2017 12:39

I would get a solicitor. They will speak to the dc on your behalf in advance. Your son may even end up not being interviewed at all. A good Solicitor may well help your son prepare a statement and read it out on your sons behalf during the interview which I would think would be much less distressing for your son.

Questions you need to get to the bottom of: was it consensual. How did the girl react. Were they just messing around. Were others in the group doing similar. It's all highly relevant.

Don't believe them that it's going no where. Your son may well incriminate himself to an extent that they feel forced to send to cps which will be very distressing for you.

He shouldn't accept a formal caution either.

crashandburnt · 11/08/2017 12:41

Oh yes and arrange your own solicitor and do a bit of research and get a good experienced one. It may cost you £300 but it is money worth spending in my opinion.

Florene · 11/08/2017 19:06

@IDoAllMyOwnStunts

The offence, as stated by the OP, is sexual assault. This offence is for girls aged 13 - 15 and women aged 16 and over, and the consent question applies to all these ages. 13 year olds absolutely can consent in the eyes of the law.

@PaddingtonSandwich Hope you got everything resolved today.

Notreallyarsed · 11/08/2017 19:10

Her parents sound charming Hmm
I hope you got it resolved today with minimal stress to your DS OP.

IDoAllMyOwnStunts · 11/08/2017 20:38

Florene - check CPS website. A child under 16 cannot consent, and the points to prove that 'the victim did not consent and the suspect did not reasonably believe the victim consented ' are not present in offences against children.
The offence is as I stated. Sexual Activity with a Child. CPS website makes this quite clear.
Hope all went well OP.

Florene · 11/08/2017 20:44

Offence wording for charge:

On (..SPECIFY DATE..) at (..SPECIFY TOWNSHIP..) intentionally touched a

(A)[girl aged13]
(B)[girl aged14]
(C)[girl aged15]
(D)[woman aged 16 or over]

and that touching was sexual when she did not consent and you did not reasonably believe that she was consenting

Florene · 11/08/2017 20:45

Points To Prove
date and location
intentionally touched
a girl aged 13 / 14 / 15 / woman aged 16 or over
by touching her body
that touching was sexual
you not reasonably believing that she was consenting

Florene · 11/08/2017 20:46

@IDoAllMyOwnStunts We will have to respectfully disagree on this.

PancakesAndMapleSyrup · 11/08/2017 20:53

DO NOT ACCEPT A CAUTION!!! sorry op but as pp have pointed out the offence is not complete. And 1000x get a solicitor. This should go down as a NFA (no further action). If they turn up to do the interview say you want a solicitor and nothing is happening before that. Do not be coerced into feeling guilty for putting your foot down.

OuchBollocks · 11/08/2017 20:55

OP get a solicitor and get proper information. I would never ever be interviewed without a solicitor present. The officer was probably correct in saying you can't have the duty solicitor, as.that is the solicitor rostered to attend police stations, but nothing at all can stop you getting your own. Phone round criminal solicitors, talk to a few, choose one who sounds sensible. Incidentally if the 'sexual touching' was a simple matter of kissing etc then technically your son is a victim too, as the law regarding sexual activity with a minor makes no reference to gender. And as PPs said, DO NOT accept a caution.

Also if the girls family keeps on at him do consider reporting them for harassment. Your son is vulnerable through age and his ASD and their behaviour is despicable.

Allthebestnamesareused · 11/08/2017 21:04

Any update OP? I have just seen this but would have also advised to have a solicitor and under no circumstances accept a caution.

prh47bridge · 12/08/2017 00:09

The offence is as I stated. Sexual Activity with a Child

You are correct and Florene is wrong. The offence is sexual activity with a child and her consent is irrelevant to guilt, although it is relevant for sentencing. As the boy is 13 the maximum sentence is much lower than it would be if he was 18 or over. The relevant legislation is the Sexual Offences Act 2003 sections 9 and 13.

FrLukeDuke · 12/08/2017 08:32

So if two 13 year olds were kissing, could one of them be accused of sexual activity with a child? I don't see a love bite as being that different from kissing/snogging and had no idea it was an offence for consenting 13 year olds to engage in it. The parents of the girl sound appalling and I feel sorry for op's son.

LEMtheoriginal · 12/08/2017 08:40

What really worries me here is the girls parents and I would consider taking some legal advice about ensuring they don't target your d's with malicious gossip or worse. They are clearly pushing things so I would have a solicitor in place for that reason. Gossip of that type would lead to all sorts of bullying that your D'S doesn't deserve

Florene · 12/08/2017 09:29

At 18.24 yesterday the OP stated that there had been an 'allegation of sexual assault'. Not an allegation of 'sexual activity with a child'.

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