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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi Five weeks ago a police officer called my partner on

Customer Question

Hi

Five weeks ago a police officer called my partner on his mobile phone to advise that she was ringing about the party wall that adjoins our house with our previous neighbour (neighbour was a property developer who bought the house, renovated it and sold it on). We had previously wrote to the developer advising that in the course of his renovations he had both damaged our home and property and that we were seeking compensation for repairs costs. We have heard nothing from the developer but received this call from the police out of the blue. They state that he had to repair the party wall due to an alleged criminal act by my partner. The police officer rang yesterday evening and she is coming to interview my partner at our home address next Thursday evening. She stated in her conversation with my partner that she would be recording the interview. Are police allowed to record when in someone's home. We live in a rural town and our old police station closed many months ago. Police are now very much mobile, although they do have an office in our local Network Centre attached to a school. I don't believe this is open to the general public.

Can my partner object to the recording. We don't know whether he will be interviewed under caution or anything. The officer did not say. Would a solicitor have to be present at this interview. Due to the officers shift pattern the interview is not taking place until 7pm in the evening.

thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Did the officer not take notes instead?

JACUSTOMER-ovs8ur8w- :

This meeting has not yet gone ahead. It is scheduled to take place on Thursday 26th June 2014 at 7.00pm. My question is whether the police officer is legally allowed to record the interview in our own home and whether a solicitor should be present at this meeting.

Alex Watts :

Generally they do not record they take notes

Alex Watts :

You can refuse to allow the interview being recorded in your home

Alex Watts :

If it is at the station it will be recorded

Alex Watts :

If it is at home it is likely just notes are taken

Alex Watts :

If your partner wishes to have a Solicitor they are free to do so

Alex Watts :

The Police certainly can't stop you

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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