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Legal matters

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Voluntary interview under caution

18 replies

Purplecup472 · 27/01/2021 20:58

Can some decline this type of interview and if so, what happens next please?

OP posts:
BananaPop2020 · 27/01/2021 21:00

Arrest!

NiceTwin · 27/01/2021 21:03

You can decline but you are likely to be arrested.

Do not do a voluntary interview without a legal representative, you can ask for the duty solicitor.

Shadysback · 27/01/2021 21:05

Yep, you'd almost certainly be arrested. Far better to go, with a solicitor.

BeckyWithTheGoodHair5629456 · 27/01/2021 21:08

Depends what it is! No comment?

Outing but I was interviewed under caution for a dog "bite" (it wasn't) and it was just to tie up loose ends. I said no comment for most of it. That was the end of it. No charge, no further action.

BeckyWithTheGoodHair5629456 · 27/01/2021 21:10

Feel I ought to clarify.

Not out of control dog, dog went to get a ball that was being bounced and in doing so broke someone's finger. Was reported to police by hospital but no charges pressed. So interview under caution just a formality.

Need more detail OP.

Purplecup472 · 27/01/2021 21:46

The offence is revenge porn I am not the offender.

OP posts:
Purplecup472 · 27/01/2021 21:51

Please excuse my manners, thank you for the responses, I'm just a bit shaken up and scared of the repercussions of me going again with this complaint.

OP posts:
BeckyWithTheGoodHair5629456 · 27/01/2021 22:41

Is there any reason to implicate you with this revenge porn? If so you need a solicitor.

Purplecup472 · 28/01/2021 00:44

I'm the victim.

OP posts:
BananaPop2020 · 28/01/2021 01:20

Can I ask why you are being invited for VI then? Or are you talking about the perpetrator having the VI?

Purplecup472 · 28/01/2021 01:27

Im not having 1 I just want to no the process. I have never had contact like this with police so I have no idea how it works next steps etc.

OP posts:
Sunflowergirl1 · 28/01/2021 06:16

They can refuse a voluntary interview. However, it would only be sensible to do so based on legal advice.

The police can then consider arresting the suspect. To do so they need to be satisfied it meets the necessity test. One is it is necessary for the effective investigation of the offence. Frankly for revenge porn I'm surprised they haven't anyway as seizing devices is part of the considerations when arresting a suspect.

If the suspect refuses to answer questions after arrest then that is their right but inferences could be drawn

ProfessorSlocombe · 28/01/2021 11:05

If the suspect refuses to answer questions after arrest then that is their right but inferences could be drawn

Not always.

Stationfork · 28/01/2021 11:23

Hi OP the police should have told you the offence that is being investigated, it might be Malicious Communications for this but without knowing more I couldn't say.

If the suspect refuses the voluntary then yes they would be arrested, but in situations such as this where you know who the suspect is/where they live etc it is common practice to offer them the chance to come and give their side without the dramatics of turning up and taking them in a police car to custody where the sergeant may not authorise their detention anyway as they will ask why you haven't first tried the voluntary attendance route first.
We do this when people are reporting an offence after it has happened, I deal with cases for harassment/stalking/mal comms/criminal damage all the time where I invite the suspect in to the station rather than going out and nicking them as that is much more resource intensive and a longer process.

When they attend they will be offered a solicitor and placed under caution we check their welfare/health needs and if they are fit to be legally interviewed, for instance are they sober etc, have they had their medication if they need it.
Then they are placed under caution 'you do not have to say anything,....'
And questioned just as they would be in a custody interview.

They are warned as everyone that if they choose not to comment this could have an adverse affect in future should the matter progress to court proceedings.

It is recorded on a digital machine. Then at the end they are free to go and then what is called a 'disposal decision' is made usually after they have left.
This means what we are going to do with them, so is there enough evidence to charge them with the offence, or we need to further investigate.

Depending on a person's history of offending there are several outcomes and you'd need to talk to the officer in your case about what these might be.

Hope this helps a bit.

ProfessorSlocombe · 28/01/2021 11:31

If the suspect refuses the voluntary then yes they would be arrested

May be arrested.

Sunflowergirl1 · 28/01/2021 12:42

@ProfessorSlocombe
"If the suspect refuses to answer questions after arrest then that is their right but inferences could be drawn

Not always."

Professor. I really don't see the point of your post. I said "could" not "will". What is it that you are trying to say that's different to my post

Purplecup472 · 28/01/2021 21:33

Thank you @Stationfork for your response. ❤️ I appreciate it.

I dont want to say to much I just no they have what they need checks have been done already on him. Didnt tell me the name of the offence jst that he has commited 1. Revenge porn was my complaint but he has been malicious too I guess. They cant tell me what they have til they speak 2 him they wouldnot tell me who they invited for interview either even though I no he did it

OP posts:
prh47bridge · 28/01/2021 22:34

If it is revenge porn the offence is likely to be disclosing private sexual photographs and films with intent to cause distress.

Before the Criminal Justice and Courts Act 2015 came into force there was no specific offence for revenge porn, but offenders could be prosecuted under the Communications Act 2003, the Malicious Communications Act 1988 or Protection from Harassment Act 1997. Now that there is a specific offence for revenge porn there is no need to use the older offences.

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