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Original poster

DS18 arrested, what do we need to do?

20 replies

whatnextdandelions · 02/05/2021 13:04

Hi my son went out with his friends last night. From what I can gather there was a fight at a pub, the police arrived, everyone ran away, and he was the only one that the police caught.

He called this morning to let me know he was ok. He said he hadn't don't anything but had been hit by some man he doesn't know during the fight, and has blood all over him (which is why they arrested him ) but it is his blood from a split lip from being hit. He was waiting to be interviewed. This was about 8.30am.

Obviously I don't know what happened. He has never been in trouble before and doesn't get into fights, but just because he says he didn't do anything, doesn't mean that he didn't.

Its now 1pm, so he must have been there over 12 hours by now.
Am I supposed to arrange a solicitor?

He was 18 a few weeks ago so we cannot ring and ask anything.

When we heard form one of his friends that he had been arrested I rang the police station and because I got upset on the phone (we have been up all night wondering where he was, calling the hospitals etc - didn't think to ring the police station) they told me he was safe and well, and made it clear that they could not tell me anything else. They took my number, which is why he was able to call me.
We are going slowly crazy sitting here waiting for the phone to ring.
Should we be doing something?
thanks for any guidance

OP posts:
FortunesFave · 02/05/2021 13:09

Poor you Flowers It's likely that lifting this lockdown a bit will make young people go a bit nuts...to be honest OP, it's unlikely that he didn't hit anyone or he wouldn't still be there now. That's a long time to keep him. I am pretty sure he'll be offered a solicitor....I'm only saying this to prepare you a bit.

There will probably be CCTV and witnesses so if he didn't do much damage...or none...he will have his name cleared fast. It can take a while for them to process people...so that could also be why he's still there. Especially on a weekend.

Earlybirdmissedtheworm · 02/05/2021 13:11

As he is 18 there's nothing you can do apart from wait.
The police will have explained to him what's happening and that he has a right to a solicitor etc.
As he was out he may have been drunk and they won't be able to interview him whilst he's still under the influence so that may add time on.
They will have 24 hours from time of arrest to charge him or release under investigation, in some cases they can apply for extra time to keep the suspect but if what you say is right it doesn't sound serious enough for that.
Awful but sit tight, I hope you hear soon.

Hellocatshome · 02/05/2021 13:13

He will still be there because they would have been waiting for him to sober up before interviewing him and then he probably had to wait for someone to become available to interview him. Unless anyone names him as someone who threw any punches its likely he will be released without charge as long as he behaved himself whilst being arrested and whilst in custody.

safariboot · 02/05/2021 13:16

If he calls you, tell him to not say anything to the police without speaking to a lawyer. Hopefully he's done that from the start, which could explain the long time. The police will happily keep a suspect in a cell waiting for a lawyer to try and persuade them to be interviewed without one.

Besides that, nothing you can really do. The law considers him an adult and he has to handle this himself.

Original poster
whatnextdandelions · 02/05/2021 13:17

I asked his friends if anyone was hurt. They said there are cuts and bruises but nothing serious. I will ask about property damage, I hadn't thought of that. Thanks both for such quick replies. I am quietly going off my head, DH is noisily going slowly crazy.
The lockdown has made the kids daft. They have all just turned 18 and think they are big men, its their first time going to pubs legally and they have gone out of our area, to a rougher area, as here the pubs are shutting at 8pm/9pm.

OP posts:
Original poster
whatnextdandelions · 02/05/2021 13:21

@safariboot I really wish I had said that to him when he called this morning. And I hope he has the sense to ask for a solicitor.
However he just said that he hadn't done anything and sounded like he found it slightly silly that he was there, and so with the wisdom of a cocky 18yr old may decide he doesn't need one! Confused

@Hellocatshome I do hope he behaved. What I have managed to gather is that they all ran away and then he was caught. Given he was probably drunk then, I dread to think how he behaved. He is not an aggressive person, so hopefully he was ok.

Argh.

OP posts:
thinkIamdone · 02/05/2021 15:52

I am sure he will be fine, maybe a caution for the fight (breach of the peace), but if no one else comes forward to press charges, I think it will be simple. Ideally he should have a solicitor as it might not be appropriate to take a caution. unfortunately you can't give him that advice.

Original poster
whatnextdandelions · 02/05/2021 16:05

thanks I didn't know about this. I have googled cautions, I hadn't realised that they have implications. Still watching the clock and waiting to hear from him.
Apparently they were waiting for a taxi, the police turned up and as he had a split lip and blood all over him they took him off. He went with them with no bother, so that is good to hear.

OP posts:
Sunflowergirl1 · 02/05/2021 17:12

If he was the only one left, then there is no complainant for any assault currently. He has probably been arrested for a public order offence. Unless something like violent disorder, he really shouldn't need to be kept in for 24 hours. However, police frequently don't have enough staff on and don't start interviewing hem until much later.....this is a breach of the police and criminal evidence act but occurs frequently.

He should not be offered a caution unless there is sufficient evidence to a standard to prosecute him AND he admits the offence. However, as you have found out, this WILL be treated like a conviction for DBS and vetting purposes and could cause him real problems if he ever wants to take a job or volunteer role which requires vetting. I would not advise anyone to accept a caution except in the most extreme circumstances .

I hope your mind is soon set at rest.

Original poster
whatnextdandelions · 02/05/2021 17:52

thank you everyone. He is home. There was a massive fight and then everyone ran away. Being on the outside of the fight and not involved in the big brawl, he did not run away. He did get headbutted by someone at the very start and then the girls with them moved him away from the whole thing, that is why he was not involved in it. The person who started the fight was wearing a bodywarmer. . Everyone except 3 lads had run away, so the police arrested DS for wearing a bodywarmer and having blood on his sleeve. I don't think they even interviewed him, they kept him in for 15 hours then said "off you go".

OP posts:
GoddessKali · 02/05/2021 17:56

Sorry to hear this and hope your ds is ok, my 17 yr old ds was arrested a few months back, so was going to see if I could help..... but glad all seems to now be ok 👍🏼

Original poster
whatnextdandelions · 02/05/2021 18:04

@GoddessKali oh no, is your DS ok, and what happened? It's all rather frightening. Technically my DS is an adult but really he is just a big hairy child.
He is annoyed that he has spent 15 hours in a cell because he wore a bodywarmer.

OP posts:
DonutsAllRound · 02/05/2021 18:15

They were probably waiting until they were sure he was sober.

My dc have known since they started secondary what they should do, say and ask if they get stopped for a stop and search.

They also know that if they are arrested they must not accept a caution and that they need to say 'solicitor' to everything. I used to make them practice in the car when I had them as a captive audience. Grin 'what do you need a solicitor for? Only guilty people need a solicitor. It's just a couple of questions'.

Pretty sure they hate me!

Original poster
whatnextdandelions · 02/05/2021 18:21

@DonutsAllRound sounds like good advice! We live in a sleepy village, there are no stop and searches! Police are more about people stealing farm machinery and dogs off leads worrying sheep. I have never thought to tell him these things. They got the train to somewhere livelier. What do you tell your DC to do and say in case of a stop and search? I have no idea about these. I have googled cautions and told him about this, and luckily he was switched on enough to say yes please when they said do you want a solicitor. thank goodness that is over Wine

OP posts:
DonutsAllRound · 02/05/2021 18:30

Me too but my children are black. They do sometimes go to the nearest city to go shopping. They don't go to pubs.

They know that the police must have a reason for a stop and search. The officer must be recording on their body camera and they aren't allowed to take you off the street down a back alley or anything to search you. They must show you their ID. You don't have to tell them anything. They have to give you a form about the stop and search afterwards with all the details on.

Sunflowergirl1 · 03/05/2021 07:54

@DonutsAllRound
"The officer must be recording on their body camera and they aren't allowed to take you off the street down a back alley or anything to search you."

Your advice is sadly mistaken...like so much on here that is given by people who have been told by someone else. People take advice, tell their kids and then wonder why they end up with grief if they are stopped and searched.

There is no requirement legally to record the interaction on a bodycam. Indeed some forces don't even issue them to all their officers. Some forces that do issue them will advise officers to switch them on...and my understanding is that officers love switching them on as it often shows the person being searched to be so unreasonable

Also they can remove you from a Main Street to a side street in certain circumstances or even a vehicle. In some situations they MUST remove you from public view

Suggest if you want to give advice in future perhaps read the Police and Criminal Evidence act, Code A

ProfessorSlocombe · 03/05/2021 11:06

They have to give you a form about the stop and search afterwards with all the details on.

If you read MN long enough you will learn that not only does this not happen in 90% of cases, but that if you want to be the 10% you are definitely anti police.

Only in the UK could standing up for your own rights (and those of others) be judged "troublemaking".

Only in the UK.

murbblurb · 03/05/2021 16:38

Only in the UK is being drunk considered mitigation, not exacerbation. When gappie travels start again, remind your kids of that.

Get less pissed so you can leave if a fight starts. One punch can and has killed. Lucky escape.

VeniVidiWeeWee · 08/05/2021 22:57

@professorSlocombe

"Only in the UK could standing up for your own rights (and those of others) be judged "troublemaking".Only in the UK could standing up for your own rights (and those of others) be judged "troublemaking"."

Russia, Myanmar, Hong Kong, Saudi Arabia, just to name a few.

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