My rights as a supsect.......

Burnsy2023 · 16 Aug 2011 at 14:51

[TW]Fox;19843804 said:
That said this is BTP, is there still a duty solicitor?

They will call you one should you ask.

Scougar · 16 Aug 2011 at 14:52

Castiel said:
Duty solicitors cost nothing, just ask for one when you arrive at the station. Even a caution will generate a criminal record so it is best to get a solicitor before being interviewed especially as it is free.

Going in for a chat can actually mean an arrest of sorts.... it's actually quite a problem if your innocent. Get legally advice imho.

Castiel · 16 Aug 2011 at 14:59

[TW]Fox;19843804 said:
I am not referring to the duty solicitor I am referring to those recommending legal advise before he visits the police.

That said this is BTP, is there still a duty solicitor?

BTP?

You still have a legal right to a duty solicitor free of charge at any time during your time at the Police Station.

Representation at the Police Station

What a suspect says at the police station can affect the whole course of the criminal proceedings. It is crucial that suspects detained at the police station following arrest and those attending for interview on a voluntary basis seek legal advice.

All persons attending at a police station on suspicion of involvement in a criminal offence are entitled to free and independent legal advice. This advice is free regardless of that person's financial circumstance. The right to legal advice includes speaking to a solicitor on the telephone. Provision of legal advice to suspects at the police station is a 24-hour service with Solicitors providing advice through the various Duty Solicitor schemes.

The right to free and independent legal advice is also available for servicemen and women being questioned by the Military Police.

Indeed, those persons being interviewed regarding their suspected involvement in a criminal offence by any prosecuting authority are entitled to legal advice before and during such an interview.

The Right to Silence

Some people still believe that there is an absolute right to silence and that, therefore, they do not need a solicitor to assist them at the police station because they have decided not to answer the police questions anyway. This is not the case. The right to silence is a qualified one. If a person, when questioned, fails to mention something upon which they later rely in court, the court can draw an inference. It is important to seek legal advice before deciding whether or not to answer police questions.

http://www.shentons.co.uk/main.cfm?page=9

[TW]Fox · 16 Aug 2011 at 15:02

British Transport Police.

Delboy · 16 Aug 2011 at 15:06

This has probably already been mentioned (i have'nt read to last few pages) but playing devils advocate here, it sounds like the tool in the BMW failed to stop at a crossing (not doing 30-40mph!) which is wrong, however, the OP took it upon himself in a moment of anger to kick the door of the car as it went past (i've seen this so many times on crossings where someone has suddenly crossed when standing at the side chatting to their mates and then attempted to kick the car as it passed). Hence the OP made contact with the rear door panel and is now fearful of reprisal.

Castiel · 16 Aug 2011 at 15:06

[TW]Fox;19843896 said:
British Transport Police.

That wouldn't affect your statutory rights. Is it the BTP that he has to report to? I was under the impression it was the local police.

PapaLazaru · 16 Aug 2011 at 15:08

Delboy said:
This has probably already been mentioned (i have'nt read to last few pages) but playing devils advocate here, it sounds like the tool in the BMW failed to stop at a crossing (not doing 30-40mph!) which is wrong, however, the OP took it upon himself in a moment of anger to kick the door of the car as it went past (i've seen this so many times on crossings where someone has suddenly crossed when standing at the side chatting to their mates and then attempted to kick the car as it passed). Hence the OP made contact with the rear door panel and is now fearful of reprisal.

My thoughts exactly. I also cannot believe for one second this BMW driver is such a psycho they would go to the station the following day to take pictures if there was no actual damage to their car.

Sorry OP, but I think you are telling porkies.

Von Smallhausen · 16 Aug 2011 at 15:27

A firm of solicitors stating that advice is crucial .........

I'm shocked.

Scuzi · 16 Aug 2011 at 15:28

A cop suggesting he doesn't bother.....

Shocking

Von Smallhausen · 16 Aug 2011 at 15:33

My point is that do people really swallow the bait that solicitors are shining beacons of justice ?

Whether someone wants a solicitor is neither here nor there for me. Makes no difference. The difference between myself and a solicitor is that money is not my motivation and I can't say that for a lot if solicitors in my experience.

They are a business, simple as.

Castiel · 16 Aug 2011 at 15:33

Von Smallhausen said:
A firm of solicitors stating that advice is crucial .........

I'm shocked.

Are you suggesting that he shouldn't or has no need of legal advice while been interviewed by the Police?

Dugganator · 16 Aug 2011 at 15:34

If that happened to me I would have reported it at the time. The main issue I can see is them trying to say "why didnt you report it straight away" like the BMW driver did. The suggestion would be that you have now made a story up afterwards. Not to say you did either I'm just thinking what they will try and say as I wasnt there I cant say if you kicked the car or the bmw hit you.

Von Smallhausen · 16 Aug 2011 at 15:35

That's a matter for him.

I just find a firm of solicitors saying it's crucial leaves a bad taste. What motivates them to say that Castiel ? Justice or money ?

Castiel · 16 Aug 2011 at 15:35

Von Smallhausen said:
My point is that do people really swallow the bait that solicitors are shining beacons of justice ?

Whether someone wants a solicitor is neither here nor there for me. Makes no difference. The difference between myself and a solicitor is that money is not my motivation and I can't say that for a lot if solicitors in my experience.

They are a business, simple as.

Do you work for free?

Von Smallhausen · 16 Aug 2011 at 15:36

Do I get paid per punter with the taxpayer footing the bill ?

Castiel · 16 Aug 2011 at 15:39

Von Smallhausen said:
That's a matter for him.

I just find a firm of solicitors saying it's crucial leaves a bad taste. What motivates them to say that Castiel ? Justice or money ?

It is sound advice, would a civilian understand the nuances and procedures inherent in a police interview when they are the subject of the investigation?

Unlikely, in which case it is crucial to the subject to have access to and be in receipt of the legal advice available to him.

Skidder · 16 Aug 2011 at 15:40

I'm with the BMW guy. You probably kicked in his door and now you're going to do porridge. Hope you're hard because otherwise you'd better get used to the taste of pillow.

Castiel · 16 Aug 2011 at 15:40

Von Smallhausen said:
Do I get paid per punter with the taxpayer footing the bill ?

Do you have targets?

Von Smallhausen · 16 Aug 2011 at 15:44

They are asked if they want to consult a copy of the PACE codes of practice when booked in. A fundamental right.

They are cautioned on arrest and prior to interview, commencing ' you do not have to say anything ..... '

The basics are there and openly offered. I say again that if people want a solicitor then fine. In my experience though, I have seen questionable acts by supposed knights of justice and whose practices make police look like choir boys.

Von Smallhausen · 16 Aug 2011 at 15:46

Castiel said:
Do you have targets?

Not one and have never been set one.

Even if I did, there is no financial incentive to meet them and rightly so.