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

Castiel · 16 Aug 2011 at 15:47

Von Smallhausen said:
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.

No one is disputing that.

I am sure that some solicitors are questionable at best, but I am not naive enough to think that the Police do not have their fair share of questionable practices either.

The police do not have the best interests of a suspected criminal at the forefront of their mind, they are looking for evidence to bring a conviction. A solicitor regardless of his motivation has the interests of the suspect as their prime concern, and if they do not there are laws that protect the client.

Present company excluded of course.

Von Smallhausen · 16 Aug 2011 at 15:53

I don't for one minute suggest the police are free if questionable practice.

From my experience, policing us a game in that you win some and lose some. All interviews are recorded and oppressive interviewing is a breach if PACE that cost a high profile child murder case in the north east some years back.

http://www.bbc.co.uk/insideout/northeast/series10/week9_nikki_allan.shtml

The model of interviewing changed after that. It is not the Gestapo experience some may think it is.

Django x2 · 16 Aug 2011 at 15:54

Before getting a lawyer involved, I would first ascertain if CCTV is available at the station to aid in confirming the BMW drivers actions at the crossing (what type of crossing by way), and also for CCTV on the platform.

Burnsy2023 · 16 Aug 2011 at 15:55

Von Smallhausen said:
The model of interviewing changed after that. It is not the Gestapo experience some may think it is.

You mean you don't play good cop, bad cop?

Von Smallhausen · 16 Aug 2011 at 15:57

Most of my interviews are on my own so it would look strange if I tried.

Burnsy2023 · 16 Aug 2011 at 15:58

Von Smallhausen said:
Most of my interviews are on my own so it would look strange if I tried.

I think it'd be more effective if they saw you constantly talking to yourself and changing sunglasses depending on your persona

hurfdurf · 16 Aug 2011 at 15:59

Now seems as good as any a time to post this

The author was awarded £1200 after being searched because he looked 'over-confident' at an anti-arm rally.

http://www.guardian.co.uk/uk/2010/apr/19/police-payout-stop-mark-thomas

Von Smallhausen · 16 Aug 2011 at 16:00

* makes note *

Might try that.

Von Smallhausen · 16 Aug 2011 at 16:02

Make sure that searches are lawful hurfdurf and that card is meaningless.

Burnsy2023 · 16 Aug 2011 at 16:08

Von Smallhausen said:
Make sure that searches are lawful hurfdurf and that card is meaningless.

Absolutely. It's only dubious searches, often in London, that this seems to be aimed at.

hurfdurf · 16 Aug 2011 at 16:44

Von Smallhausen said:
Make sure that searches are lawful hurfdurf and that card is meaningless.

Oh indeed, problem is, for a long time the Police were unlawfully searching people when the stop and search powers came in to force. I think there was a big retraining thing that dealt with the problem but I might be wrong, I have certainly heard a lot less about it recently in comparison.

Nitefly · 16 Aug 2011 at 17:14

Of course solicitors act in the interest of their business. It's still a very bad idea not to have one when it is certainly in your interest to do so, for example when buying a house.

You may wish to have your own solicitor when dealing with the police but if not, one will be provided for you provided you take the incentive to demand one.

Nitefly · 16 Aug 2011 at 17:15

hurfdurf said:
Oh indeed, problem is, for a long time the Police were unlawfully searching people when the stop and search powers came in to force. I think there was a big retraining thing that dealt with the problem but I might be wrong, I have certainly heard a lot less about it recently in comparison.

Let's not forget driving suspects round in the police car for ages in hope of getting information from them before they are read their rights upon entering the police station

Castiel · 16 Aug 2011 at 18:01

Von Smallhausen said:
I don't for one minute suggest the police are free if questionable practice.

From my experience, policing us a game in that you win some and lose some. All interviews are recorded and oppressive interviewing is a breach if PACE that cost a high profile child murder case in the north east some years back.

http://www.bbc.co.uk/insideout/northeast/series10/week9_nikki_allan.shtml

The model of interviewing changed after that. It is not the Gestapo experience some may think it is.

I am thinking more along the lines of a Caution not being fully explained to you by the police and the suspect not understanding the rights he has even if they are given to him. You do not have to be oppressive or threatening to be intimidating or to confuse a suspect in the interview room.

The Police are not going to suggest a course of action that is in not in their interest when pursuing a case and neither would I expect them to, that is why a suspect should have legal representation when dealing with the Police when under suspicion of committing an offence.

Insinuating that solicitors do not serve the best interests of their clients because it may suit them better financially is no different from insinuating that the Police will fit you up simply to get a better arrest record and thus garner themselves promotion and all the benefits financially that go with that.

Neither is true (except in rare cases I expect) so it was a little disingenuous of you to bring it up.

SexyGreyFox · 16 Aug 2011 at 18:05

Von Smallhausen said:
Not one and have never been set one.

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

On Traffic Cops a couple of weeks ago the Coppers were talking about targets and saying that the fit woman Copper hit targets easily.

SexyGreyFox · 16 Aug 2011 at 18:10

Oh, and can a Mod change the thread title please? - it's blagging my head now.

Castiel · 16 Aug 2011 at 18:14

dmpoole said:
Oh, and can a Mod change the thread title please? - it's blagging my head now.

Castiel · 16 Aug 2011 at 18:17

dmpoole said:
On Traffic Cops a couple of weeks ago the Coppers were talking about targets and saying that the fit woman Copper hit targets easily.

The way some of those Officers on these Police-Camera-Action shows talk to people is pretty disgusting. They are downright rude and arrogant even when the situation doesn't warrant it.

I can't help but think that in some cases if the Police themselves were a little more decorous then they would not have half the issues that they do.

Sometimes those programs do not do the Police any favours at all.

Von Smallhausen · 16 Aug 2011 at 19:57

Castiel said:
I am thinking more along the lines of a Caution not being fully explained to you by the police and the suspect not understanding the rights he has even if they are given to him. You do not have to be oppressive or threatening to be intimidating or to confuse a suspect in the interview room.

Although not a legal requirement, I almost always explain the caution when it is given during interview and always when it is

Arrest records don't get you promoted either although I'm not opening that can of worms on here.

Von Smallhausen · 16 Aug 2011 at 19:59

dmpoole said:
On Traffic Cops a couple of weeks ago the Coppers were talking about targets and saying that the fit woman Copper hit targets easily.

I wouldn't know mate. Never been on traffic, never had any interest in traffic and would rather nail my nuts to a park bench than join traffic.