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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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I was recently cuffed by an officer painfully behind who wanted

Customer Question

I was recently cuffed by an officer painfully behind who wanted to get me into an ambulance to take me back to hospital in an area I not keen to go back to,as I was alone in a distant town after being left traumatised by an arrest the night before for something thrown out of court.I am a female diabetic unfit pensioner.He claimed I bit him and he and his collegue roughed me up afterwards and took me station to be interviewed but I never waqs. Then I taken to counter late at night and forced to sign statement I hadn't read.No appropriate adult was called out despite fact I had to have one in another area a few years ago.A man who said he was a solicitor but now cant be traced was standing to my right.He was offered bail for me but declined and I was taken to a swift justice cout the next day and charged.I havnt been capable of coping with this case and getting myself,now quite poorly,miles away and unsupported back to court.Can the case be thrown out because of initial police corruption at the police station
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is Alex Hughes and I'm happy to help with your question today.

What were you charged with? What was the outcome of the charge?
Customer: replied 3 years ago.

assault on an officer in the execution of his duty.case adjourned for plea but never heard as too unfit to go back to court.on one occasion a warrant issued and taken back but left in cell by duty solicitor and case put back m.h.ourt.warrant issued lst week again but it returned to court for reconsideration with a letter of explanation.surely its corrupt from the outset that I not interviewed and forced to sign a statement I hadn't read.If my signature on it I would have to plead guilty

Expert:  Alice H replied 3 years ago.
Thanks for the additional information.

The Court has power under Sections 76 and 78 Police and Criminal Evidence Act 1984 to exclude evidence, including any confessions, which have been obtained unfairly. Exclusion is not automatic - you or your lawyer would have to apply. The court would then decide whether or not the unfair evidence ought to be excluded from the trial. There is the possibility that exclusion of certain evidence will result in the prosecution abandoning the case altogether.

There is no automatic right to an interview under caution. This is an investigative process so the officer dealing with the case decides whether an interview is required or not. A suspect has no right to insist on being interviewed but does have the right to decline an interview or not answer questions. However, if the failure to interview has resulted in some unfairness then you could raise this at trial to show how unfairly you have been treated by the police.

Also if the police have failed to disclose material which might assist your defence or undermine the prosecution case, you might be able to stay the proceedings for an abuse of process on the grounds of their failure to comply with s.3 Criminal Procedure Investigations Act 1996. There is also provision at s.26 of the same ACT for adverse inferences to be drawn against the prosecution for their failure.

Happy to discuss further if needed.

Alex
Expert:  Nicola-mod replied 3 years ago.
Hello,

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Thank you,
Nicola