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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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Dear Madam/Sir, I was arrested recently on suspicion of driving

Customer Question

Dear Madam/Sir,
I was arrested recently on suspicion of driving a vehicle with excess alcohol. I shall spare you the details but i was arrested by police some hours after my vehicle was discovered. I was interviewed with a solicitor present regarding the incident and went no comment. I have been bailed pending further enquiries. This week i have received a notice of impending prosecution regarding a different matter but in relation to my vehicle being found. They are requesting who was driving the vehicle. Please could you assist in my query that is this not a case of double jeopardy and as proceedings are ongoing i do not have to provide this information at this time, as i have already been interviewed under caution?
Yours sincerely,
Thomas Mulvihill
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Sorry if I'm missing the point but whats the double jeopardy issue?
Customer: replied 3 years ago.

Dear Jo,


 


Thank you for your assistane. My apologies for being unclear. I may have used the wrong terminology also. I am somewhat confused that asi have already been interviewed regarding this matter and it is ongoing, that to be asked


again the same questions in the form of a notice of intended prosecution could be used against me. My initial interview was no comment and so i am a little bewildered as to how the police can expect me to answer the same questions in written form as i have answered in a formal interview under caution. I used to work in law some years ago but cannot remember the terminology used cor such situations.




Thomas

Expert:  Jo C. replied 3 years ago.
Yes, I do understand the point you are trying to make but I'm afraid it is without merit.

The fact that you have exercised your right to offer a no comment interview at the time of your arrest does not mean that they cannot issue a section 172 demand at a later stage.

Under Pace, I suspect that the police station has the right to make no comment interview. The consequence of that is that inferences can be drawn but nobody can make you talk at the police station.

Section 172 gives them a different power and effectively demands from you the identity of the driver.

The point you are trying to make is that there is a principle generally against self-incrimination in the UK. I'm afraid that has been considered by Europe fairly extensively and has been decided that section 172 is not incompatible with this principle.

If you refuse them they will probably charge you with failing to identify the driver and that carries 6 points and a fine.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’

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