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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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I am a 40 year old male in a 15 year long relationship with

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I am a 40 year old male in a 15 year long relationship with a 67 years male. I have a long history of mental health problems and my partner regularly binges on alcohol. A few nights ago my partner was very drunk and I drank 4 pints of lager and took 18 prescribed tranquilisers even though I should take just one. I have a long history of alcohol misuse and normally abstain (for the last 3 years). I receive long term psychiatric help and medication.

On the night in question my partner and I were arguing and he called the police. They arrived and assessed the situation and said I should go and stay somewhere else that night ( my partner owns the property). Because I was intoxicated and I was very angry I suggested that my partner looks at pornography of underage males and has these images on his computer. This is not true, my partner is not a paedophile and only looks at images of young males he believes to be 18 and older. Some of these images are stored on his computers.

Later at the police station I was interviewed about my allegations. I told them that I was angry and that the allegations were false. One officer wrote a statement on my behalf which said that my partner looks at pornographic images of underage males. I refused to sign this statement and said that I wanted to withdraw the allegations. The officers said that they had to investigate the allegations and subsequently they took away 3 of my partners computers. I said that I wanted to seek legal advice before signing anything. I was sent home and told that I would be contacted 2 days later (for a further discussion) about these allegations and that my refusal to sign/co-operate might be seen as a sign that I am complicit in my partners supposed viewing of paedophile porn and that I could also be in legal trouble because of this.

I am not sure what to say and do tomorrow when I am interviewed again. Please advise me. Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name isXXXXX and I'm happy to help with your question today.

It sounds like a great deal of police time had been wasted. Do you agree?
Customer: replied 3 years ago.

yes. Although shortly afterwards at the police station I explained my mental health situation, the alcohol and medication misuse, that I was angry when I made the allegations and that I was sorry for wasting their time.

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

1. In a Scottish case called Kerr v. Hill [1936] the High Court of Justiciary said that giving false information to the police constitutes a crime under common law. Potentially the police could prosecute you for wasting time and making a false allegation.

2. The police have the computers as a result of your complaint. They are duty bound to investigate. If no images of an illegal nature are found the computers will be returned and that will be the end of the investigation against your partner. However, if any illegal material is found then he obviously faces further investigation and possible prosecution.

3. You are not legally obliged to assist the police in their investigation and do not have to sign the witness statement. Their threat sounds holloe and without and legal basis and you could justifiably complain about the pressure that is being placed on you.

4. If the police want to speak to you again then you might want to take a solicitor with you. Legal aid is available if there is a risk you might incriminate yourself as (1) above or you can pay privately to be accompanied.

Hope this helps.

Alex
Customer: replied 3 years ago.

How would I go about arranging a solicitor to accompany me tomorrow at such short notice. Also I do not know what time the interview will be and if the police will come to my home or take me to the station. Will I qualify for free legal representation - I am unemployed and my partner is retired. Finally as I said my partner has only ever viewed pornography that he believes to be of males who are 18 or older. However if the police believe some of the images on the computers are of under age males what should my partner and I do next.


 


If I am charged with wasting police time should I agree and sign a statement to that effect. What will happen if I do or do not agree to this allegation?


 


Thank you for your time.

Expert:  Alice H replied 3 years ago.
1. With regards XXXXX XXXXX a solcitor you ought to have a look on the internet for local firms specialising in criminal law. Most, if not all, will have 24 hour emergency service and are quite used to dealing with clients around the clock. So, even at short notice, you should be able to find somebody who will be able to assist you.

2. You should be able to get some free advice and assistance under the Legal Aid scheme as there is a risk of you incriminating yourself. Should you be arrested then you will be entitled automatically to representation.

3. I really don't think signing the statement is a good idea - to avoid getting yourself in trouble you may be putting your partner in hot water. I recommend that you and your solicitor read the contents of your statement before you sign it. The other thing is that of you make a statement and state something that is a lie you could be in even more trouble and potentially liable for perjury and/or perverting the course of justice. Doing as little as possible I think is your best option and persuading the police that you have mental health issues is really the key to getthing this all dropped.

Alex
Customer: replied 3 years ago.

Sorry just one last thing. Should I not sign a statement saying that I lied/ or not sign a statement saying that my partner views illegal images.


 


Should I expressly say that I lied and if I don't then what do I say about the allegations I made - I am concerned that the police will believe the allegations to be true if I don't admit to lying. Surely I have no option than to either admit that I lied or allow the police to believe my allegations are true.


 


What if I say that some of the images my partner views look like they could be under-age, but that my partner believes they are not and that I am probably mistaken in thinking those images are underage. Thanks again for your help

Expert:  Alice H replied 3 years ago.
I would not recommend making or signing any statements. If you do so I think you will make the situation worse not better.

The police need to be told clearly that you made an allegation when you were not in the right frame of mind and, therefore, any complaint is to be treated as unreliable. If you instruct a solicitor then he/she can say this on your behalf and/or put it in writing.

Your allegation that your partner viewed images of children is unlikely to be enough for a prosecution against him. The police have to prove beyond a reasonable doubt that he viewed images of children - the only way to do thos is produce the images themselves not rely on your word. You are unqualified to comment on age of children and by your own admission have alcohol and mental health which make any opinion unreliable.

So, just to be clear, whatever you say about the images will not stand up to scrutiny in court so you are better off not making or signing any statements at all.





Customer: replied 3 years ago.

This is my last question. If the police do believe some of the images on my partner's computers are illegal what does he and I say/do next?


Thanks again

Expert:  Alice H replied 3 years ago.
Without knowing exactly what those images are I really cannot say at the moment.

Its not a question of what the police beliveve but what they can prove.

If they can prove that illegal images have been downloaded then he may well be prosecuted regardless of any explanation that he might wish to give.

I suggest he also instruct a solicitor to represent him, if he hasn't done so already. But I am happy to discuss matters with him once he knows the outcome of the computer interrogation.

Alex
Customer: replied 3 years ago.

thank you very much for your help. If I need to speak with you again, how can I ensure that I get to use you again?

Expert:  Alice H replied 3 years ago.
No problem Paul.

You can ask for me by name "Alex Hughes".

Also I can offer a telephone consultation which is much speedier and will cover all the issues that you've raised and more.

But there is an additional charge for the telephone call which is $100 (about £60).

Let me know if you're interested and I'll get this set up for you.

Alex
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2849
Experience: Partner in national law firm
Alice H and other Law Specialists are ready to help you
Customer: replied 3 years ago.

I don't require that right now but if I do I will contact you via this website.


 


Thanks again and goodnight


 


Paul

Expert:  Alice H replied 3 years ago.
No problem!

Please remember to take a moment to rate my answers.

All the best.

Alex
Expert:  Alice H replied 3 years ago.
Hi Paul

I am following up our conversation to see how you got on with the issue. If you need any further help then please let me know

Regards
Alex Hughes

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