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Original poster

Son's been arrested

26 replies

ItsJustMeeee · 05/09/2023 08:34

Worried sick as my 17 year old autistic son has been arrested. Apparently there was some sort of disturbance last night involving a group of young people. The police were called, the kids ran off and my son was caught hiding in a bush! I don't know on what grounds my son was arrested, but they kept him in the cells overnight and are due to interview him today.

They dissuaded me from going there last night as they said they didn't know when the interview would be taking place. They said they'd phone me today to let me know when to come in. Son slept last night and is apparently ok this morning.

Can anyone tell me what's likely to happen? I've no experience of these things outside of TV crime dramas! I'm worried and haven't slept. Thank you

OP posts:
itsawildwildworld · 05/09/2023 09:22

Sorry, I have no experience of these things, but sending a hand-hold. Hope you get some good advice soon.

greenacrylicpaint · 05/09/2023 09:30

call a solicitor immediately.

your son must not MUST NOT talk to the police without a solicitor present.

he MUST NOT accept a caution or community resolution without solicitor's advice.

TELL the police that he is a vulnerable minor with a disability.

greenacrylicpaint · 05/09/2023 09:44

with no talking to police: he should only give his name & address and ask for his parents or a solicitor.

no small talk
no witty comments

we talk about this when watching crime programmes on tv.

Felix125 · 05/09/2023 09:56

Have they said what he was arrested for? It depends on what the offence was as to what the state of play is for the enquiry. For example, if its an assault, they will be needing statements, CCTV etc before they can interview.

They will need an appropriate adult (yourself) for the interview and you can ask for a solicitor on his behalf.

sashh · 05/09/2023 09:59

greenacrylicpaint · 05/09/2023 09:30

call a solicitor immediately.

your son must not MUST NOT talk to the police without a solicitor present.

he MUST NOT accept a caution or community resolution without solicitor's advice.

TELL the police that he is a vulnerable minor with a disability.

This.

There will be a duty solicitor, it will be free and he should not say a word until the solicitor is there.

Aquamarine1029 · 05/09/2023 10:02

Get your son a solicitor immediately! Good grief. He needs to stay quiet until he has representation.

SpiralOfAllThings · 05/09/2023 10:03

Solicitor and no comment, no comment, no comment. Nothing, zip.

Felix125 · 05/09/2023 10:05

greenacrylicpaint
your son must not MUST NOT talk to the police without a solicitor present

Depends what he was arrested for.

He will have to say more than just his name & address. They will need to ask him things for his risk assessment, medication, dietary needs religious needs etc etc

Also, if he was arrested for drink driving for example, they can go through the CAMIC procedure at the station prior to the solicitor being present - so he will need to comply with this - otherwise refusing is another offence.

BellaAndDave · 05/09/2023 10:08

You can request an Appropriate Adult to be present during questioning for your son OP. here’s the link for you.

fabmaccawhackythumbsaloft · 05/09/2023 10:09

You can act as his appropriate adult and on interview make sure he takes the duty solicitor which is free

Tell the, he is autistic and you will act as his appropriate for interview that way you can ensure you know the full facts and ensure he has legal representation

Felix125 · 05/09/2023 10:13

Its up to your son who will act as his appropriate adult however. You can't just assume that right.

RikkiVictorious · 05/09/2023 10:20

Firstly, try not to panic. Your son is safe and due to his age (and vulnerabilities), he won't be interviewed without an appropriate adult present.

Your son will be asked if he wants a solicitor and it's something you can have some input on too.

If you choose to have a solicitor, they will speak with your son after having a consultation with the police so they know why your son is there. The solicitor will advise your son whether to give an account to the police or not. They and the police will also tell your son that it's his choice whether he takes the solicitors advice or not.
Please ignore anyone who says that your son should say "no comment", that's his choice and a solicitor will be the best person to decide on that dependent on what information has been provided by the police. There are implications to not saying anything, which will be explained to you and your son.

greenacrylicpaint · 05/09/2023 10:24

he won't be interviewed without an appropriate adult present.

he shouldn't, but I have heard of police to disregard it.

RikkiVictorious · 05/09/2023 10:30

greenacrylicpaint · 05/09/2023 10:24

he won't be interviewed without an appropriate adult present.

he shouldn't, but I have heard of police to disregard it.

Reading the OP, the police have called the mum to tell her her son is there and have acknowledged his need for an appropriate adult by dissuading her from going in last night when they weren't ready to interview.

What you've heard of wouldn't be admissible in court because the interview would have been obtained unlawfully.

Cyclebabble · 05/09/2023 10:47

Been where you are now OP. You need a lawyer present at the interview. If you have a family lawyer call them now. If not use the duty solicitor. Ensure you are present as the appropriate adult and make sure they are aware of any relevant medical history. Do not panic, it does not sound like any major harm or damage has been done.

Felix125 · 05/09/2023 10:58

You need to bare in mind however that he might have asked someone else to act as an appropriate adult.

I just don't want you to think that you have a right to be there.

You may suddenly get a phone call to say that he has been interviewed & released.

99% of the time, they always ask for one of their parents to act as an app adult - but just in case.

Original poster
ItsJustMeeee · 05/09/2023 10:58

Thank you everyone for the advice and support. On the case with sorting out a solicitor now.

OP posts:
ZadocPDederick · 05/09/2023 11:07

Cyclebabble · 05/09/2023 10:47

Been where you are now OP. You need a lawyer present at the interview. If you have a family lawyer call them now. If not use the duty solicitor. Ensure you are present as the appropriate adult and make sure they are aware of any relevant medical history. Do not panic, it does not sound like any major harm or damage has been done.

Don't go for your family lawyer unless they have direct experience of criminal law work. Most firms don't.

Cyclebabble · 05/09/2023 15:02

ZadocPDederick · 05/09/2023 11:07

Don't go for your family lawyer unless they have direct experience of criminal law work. Most firms don't.

Show quote history

True but from experience on call duty legal reps are not always the most experienced or best. Move quickly and get great legal representation.

Createanotherusername · 05/09/2023 15:04

The Police will not interview a vulnerable person without at least an appropriate person present anyway.

Floogal · 05/09/2023 15:21

Look what happened to Stefan Kizko. An extreme case maybe, but still

fabmaccawhackythumbsaloft · 05/09/2023 21:09

Floogal · 05/09/2023 15:21

Look what happened to Stefan Kizko. An extreme case maybe, but still

The rules around appropriate adults have changed since then thank god

Original poster
ItsJustMeeee · 05/09/2023 22:55

Sorry for the very late update everyone. After 22 hours in police custody, my son has been released without charge. An absolutely hellish night and day for us.

Turns out it was a case of mistaken identity. I can't say too much as it's still an active investigation, but my son and his friend were in the wrong place at the wrong time. Multiple serious offences had taken place nearby and the police thought they had been involved, hence the arrest. Thankfully the investigation today showed they'd had nothing to do with any of it. He's home now and having a much needed rest. Thank you for the support, everyone!

OP posts:
sashh · 06/09/2023 01:27

OP

That's the bes outcome isn't it?

Over the next few days he might need some TLC, shock can hit.

givemeasunnyday · 06/09/2023 02:11

Good to see your update OP.

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