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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69538
Experience:  Over 5 years in practice
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my son has been taken away by the police for questioning reference

Resolved Question:

my son has been taken away by the police for questioning reference a complaint from his partner is it in his best interest to have a solicitor preseent ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Remus2004 :

HI. Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

Remus2004 :

Yes, he should have a solicitor present.

Remus2004 :

He will be offered one in police custody. You have to sign the custody record to the effect that you don't want one so interviews without them are not encouraged.

Remus2004 :

It does depend on the nature of the offence as legal aid doesnt' cover everything but I imagine this will be the usual domestic nonsense so a solicitor will be available.

Customer:

As this is all new to me how do I get intouch with one at this time of night ?

Remus2004 :

Most criminal firms will have somebody on call 24 hours as they have to cover the police station. But you cannot instruct one anyway. All you can do is ask one to phone custody and offer his services.

Remus2004 :

The police will probably tell you whether he has accepted a solicitor anyway.

Remus2004 :

If he has then there is no need to do anything else.

Customer:

In my view I think you may be right but I am still worried about him

Remus2004 :

Yes, of course you are. What would be in his best interests is a girlfriend who doesn't call the police to every domestic squabble of course.

Remus2004 :

We all have rows. We don't all get the police involved in them.

Customer:

Do not know which police station they have taken him

Customer:

they have a child between them

Remus2004 :

He can call you. He will be offered a phone call.

Remus2004 :

Its usually the local station.

Customer:

that has not happened yet

Remus2004 :

No, well he may not call you. Its his right but he doesn't have to.

Customer:

As I have said its all new to me I dont know where to start to find out which station he would be at I live in north warks so he could be at one of a number stations

Remus2004 :

Yes, it could.

Remus2004 :

Your only option is to phone around the local stations. The custody staff will usually tell you whether he is there or not and take a message for him.

Customer:

Thats what I will do thanks for your help

Remus2004 :

Alternatively you can wait until he calls.

Remus2004 :

Sometimes people don't in police custody.

Customer:

Is there any thing I should know to help him ?

Remus2004 :

Not really. There's not a great deal you can do. He will be reminded of his rights in custody. If he accepts a solicitor he should be fairly protected.

Remus2004 :

The risks are that he will accept a caution which they may offer. Always a difficult decision with domestics as she may not give evidence.

Customer:

Again thank you for your help will sign off now

Remus2004 :

No problem.

Remus2004 :

Please remember to rate my answer.

Remus2004 :

All the best.

Jo C., Barrister
Category: Law
Satisfied Customers: 69538
Experience: Over 5 years in practice
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