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Alice H
Alice H, Solicitor Advocate
Category: Employment Law
Satisfied Customers: 2847
Experience:  Partner in national law firm with 20+ years legal experience
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i have to go to the police station tomorrw for questioning

Customer Question

i have to go to the police station tomorrw for questioning but if i am coustonde i will loose my job what do you think i should say to my solicitor
Submitted: 3 years ago.
Category: Employment Law
Expert:  Alice H replied 3 years ago.
My name isXXXXX and I'm happy to help with your question today.

What this all about please?
Customer: replied 3 years ago.

i work in a school and i was joking with a child who was not hert but got a fright .the parent made a complant .and i have been suspended now i have to go to the station to be interved and my union said if i am coucioned i will loose my job it was just abit of a joke but this were i am at what can i say to my solicitor can you get back soon please

Expert:  Alice H replied 3 years ago.
OK. I understand.

You will solicitor will find out from the police exactly what the evidence is agajnst you and also ask you what happenedd. The solicitor will then advise you on the following:

That the interview will be recorded on tape and conducted under caution. The caution is that you do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.

Whether or not you answer question will depend on the evidence and your explanation of events.

Your solicitor might advise you not to answer questions and simply say 'no comment'. This will usually happen if the case against you is weak and there is little chance of the matter proceeding to court. By not answering questions you avoid strengthening the case against yourself.

The alternative to a 'no comment' interview is to submit a written statement. This is usually best when you wish to deny the allegation but do not want to answer all the police questions. The effect of this step is that you avoid being drawn into a conversation about the incident itself but manage to put forward your defence.

In order to give youa formal adult caution the police have to have a case against you and you have to admit committing a criminal offence. If you deny the offence the caution cannot be administered. The police will then either drop the case or charge you and send you to court. Your solicitor will get a better idea of what's going to happen once he finds out the strength of the evidence from the police.

Finally: I cannot tell you what to say to your solicitor. Obviously I don't know what happened. But the best thing is to tell him what happened so he can advise you properly on the options mentioned above and the best way forward.

Hope this helps.

Alex
Customer: replied 3 years ago.


thanks for your repley i did not get it until 8.30 am sat up most of the night waiting .but it came and i thank you for that .

Expert:  Alice H replied 3 years ago.
I do apologise for the delay. I am not available between midnight and 8 am. As a practising lawyer unfortunately there is only so much time I can devote to this work.
Customer: replied 3 years ago.
I am sorry about the last reply I am greatfull for you help ,enyway I was courtiond with a common assault with out battery what does this mean as I work in a school and I am afraid I might loose my job over a stupid prank
Expert:  Alice H replied 3 years ago.
Was this not explained by your solicitor and/or the police?

I'm concerned that you've accepted something without understanding the consequences.
Customer: replied 3 years ago.

i am in a bit of a state can you please explane it in laymans terms

Expert:  Alice H replied 3 years ago.
Yes, of course.

Assault without battery is where somebody is placed in fear of imminent harm or contact.

So, for example, if someone said 'I'm going to punch your lights out' - that could amount to an assault.

A caution is a police record. It is not a conviction and does not give you a criminal record - but it could be taken into account if you're arrested for a new offence.

A caution will also appear on a DBS (Disclosure and Barring Service). This could be a problem if you work with children or intend to work with children in the future.

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