Confused about police action

[W0rri3d]

A loved one is potentially in trouble with the police. They had been invited to give an interview under caution, but have now been told that told that a decision on being charged etc can be made without even talking to them (is all being based on statements from the people who reported it, and CCTV). Myself and a few friends were also a witness to their "crime" and are being refused a chance to give our own statements. The police are also saying he can not have an appropriate adult if he comes into the station for interview (he is autistic, is entitled to an appropriate adult, and carries a card to say this).

BTW, the crime was having an autistic meltdown in public. My loved one was overwhelmed, tried to escape the situation but was shouted/grabbed at, so had a full meltdown involving shouting and throwing items. He was then forced to the floor by someone not even trained in restraint.

It all seems horribly unfair and one sided. The people who gave statements have since been spreading lies about him, and one is now in psychiatric hospital.

I am worried sick about all of this.

Anyone savvy with matters like this... any words of comfort or advice most welcome.

Thanks

Thank you, I am calling them right now. I am not sure how it will help.

Definitely you need it from the horses mouth. They can’t charge him without even arresting him surely

Follow the advice I've given and ask for a call from the officer in his case . Then you can unlpick all this

Tell the call handler he is autistic and you are acting in his behalf .

Get the officers details , station , collar number and name .

Start there . Ask for them to ring you - but you need your relative to
Give permission so
Maybe they'll meet you and him at the station before anything happens or any interview to explain - you could potentially be his appropriate adult . It doesn't have to be a professional.

I can't be an appropriate adult as I was a witness too.

Ok no problem - but you can ask about the process and how it works .

He's not getting it right so you need to speak to them on his behalf .

I assure you no charges can be brought without an interview - pace 9 is voluntary and the best option with an appropriate adult and legal rep .

If not pace 12 is arrest and same applies - legal rep and appropriate adult will be required and he will not be denied this .

Btw - a full 360 degree investigation has to be made and if you were witness they cannot refuse to take your statement.

Called 101. No help at all. Told he is on his own.

What exactly did they say . You've called 101 and got a call handler . Did you ask for the oic details and ask them to get in touch with you ?

She just said they can't help. Didn't sign post me to anywhere else. Really dismissive.

BTW, I am in bits now. I can't cope either.

Ok . That's shit . Next thing I'd do is go into the station nearest to you with an enquiry desk .

Give the enquiry desk attendant your details and explain you need to speak to the officer in the case .

You could take your relative with you to give consent to information being shared to you .

Or ring 101 back when you are with your relative - let him say you have permission to speak for him and ask the same - you need the oic details, collar number , name and station and you need to speak to them .
Remember call handlers are going by the book and data protection- if your relative gives permission there is no reason why you can't talk to the oic and get the facts on behalf of your relative.

Can you access your relatives emails ? Can you see what communication has been sent ?

They cannot stop you going with him for interview to ensure an appropriate adult is appointed and legal representation.

You can't go in with him but you can ensure due process is followed.

What reason did the call handler give you for not giving you the information. ?

He has an appointment in the morning with his Mind worker. Mind have been great, and on his side. I have said he needs to show her all email correspondence with the police.

Call handler was just rubbish, and all chat about me needing to call someone who gives a shit, because they didn't.

"All chat about calling someone who gives a shit ? "

Those calls are recorded .

I was going to say pm me and I'll help you but that doesn't add up at all - the call handler is never ever going to say that on a recorded line .

"He doesn’t need to sort a solicitor, he can tell the officer arranging the interview that he wants the duty solicitor and police will arrange this for him free of charge. "

Under no circumstances let your relative present at the police station without being accompanied by his own solicitor. I say this from bitter experience.

I was required to attend an interview under caution when a false accusation was made against me. I was given the above advice by a solicitor - was told to turn up at the police station at the agreed time then request the duty solicitor. When I did this the officer in charge of the investigation took me into a side room and told me if I insisted on the duty solicitor that he would have to place me under arrest and lock me in a cell until they arrived. Wouldn't I just rather do the interview without a solicitor and save myself all that bother? I insisted on having a solicitor and was duly arrested and held in a cell for 3 hours waiting for him to turn up. So I've now got an arrest record so can't travel to the US without applying for a full visa costing hundreds and taking months to come through, if it is granted which is by no means guaranteed. The police deny this happened and of course there were no cameras and no witnesses.

Much better to speak to a local firm of solicitors and arrange to have their criminal specialist accompany you to the station. This is covered by legal aid without means testing so will be no charge to you. The solicitor can sort out the legal aid claim for you.

You've been very misinformed! I'm so sorry ! That's not legal . You are entitled to duty whether pace 9 or pace 12 !!! Jesus . Did you complain ?

Ok, maybe not in those words. But she said she could not help.

I feel so alone.

OP you are not making any sense now and nor is the information you are saying he is saying, something is not adding up

People on here can not help if you make things up, maybe it is best if you wait till you actually have facts then come back and give proper information if you genuinley want help

I called 101 and was fobbed off. There were not interested in a statement from me. Maybe it was the wrong number to call... I do not know. I am not exactly experienced in these things.
I feel sick. My loved one is being criminalised for something I tried to avoid, and that he could not help.
I am not making things up.... I am just really fucking upset, and don't know who or what to turn to.

Op
Do t ring 101 and say you want to give a statement!

Just ask them for the officer in the cases details and ask if they can call you !

Ask for the oic details - collar number , name and station . Ask the call handler to email them and ask them to call you and give them your number - that's all you have to do . Don't get into the case details with the call handler - they aren't legally trained and won't be able to help - it's the cop in charge of the investigation you need to speak to and the call handler can facilitate that !

@capabilityfrowns I found out afterwards that I had been blatantly lied to, clearly to pressure me into agreeing to be interviewed without representation.

I complained to the duty solicitor who just rolled his eyes and shrugged saying there's nothing you can do. I brought a complaint, even involving my MP, but the police just denied it happened and as there were no cameras or independent witnesses no one believed me so I am basically stuffed.

That's what happens when you get on the wrong side of someone who has friends in the local police. Lesson learned.

OK, I will ask him for the details, but he was told they are not accepting any statements as they "have enough evidence".
I can only try..

That's absolutely terrible and gives all police a bad name . I'm so sorry that happened because it's totally unacceptable, not legal and a blatant lie! Awful . Sometimes I truly despair .

I'm so sorry you and your brother are going through this. You clearly both need more support with this.

Does anyone know if it would be disability discrimination to charge in these circumstances?

Op listen to me -
You are not asking to
Give more evidence ok ?

You are asking to speak to the officer in the case to establish THE FACTS .

How they are intending to interview him and when

That he needs legal representation and appropriate adult due to autism

You can then go on to tell the oic that you witnessed the incident and would like your statement taken into account . But you are not an independent witness - as I said my son is autistic- it's not free reign to go apeshit and hurt or frighten people - but I get it - autistic meltdowns are not something the autistic person can always control .

You aren't ringing to ask for a statement being taken - you are asking what the offence is - what evidence there is and how they want to interview your relative - so you can help facilitate that . And protect his rights . That's your role here - if you want to help him . Put emotion to one side and ask for the facts .

No it's not disability discrimination.

Only if a person does not have capacity- and it's proven with a capacity test by a qualified professional- can a disability be used to excuse a criminal offence.

People with dementia have murdered people in the same care home - you can't just not investigate because they are disabled! Capacity is everything. If a person is proven not to have capacity then that's mitigation.