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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70305
Experience:  Over 5 years in practice
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Hi.. my partner was arrested and spent the night in a cell

Customer Question

Hi.. my partner was arrested and spent the night in a cell for being drunk and disorderly, he has refused the fine and wants to make a complaint as 1. he was not drunk 2. he was not acting disorderly and 3. was treated awfully by the police.. At the station the officer said to write a letter to the court before he has his date..to avoid it...can you advise please.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

What would you like to know about this please?
Customer: replied 3 years ago.

Did the officer advise correctly, do we need to write to the courts and if so how do I write it please


 

Expert:  Jo C. replied 3 years ago.
Police officers are not a good source of legal advice.

There absolutely no point at all in writing to the court to complain about the conduct of police officers. If he wants to complain about that then it should be to the IPCC.

Realistically, they are not going to drop this case before the date upon which he is due to attend and if his wish is to persuade them to do so then he should be writing to CPS rather than to the court who have no control over the prosecution. I wouldn't suggest doing that because all the letter will do is turn into evidence against or at least there is that risk. If the issue here is that he says that officers are untruthful then CPS are not going to accept that unless there is substantial support for it and, even then, it's really a trial issue.

I'm very sorry but that's your position.

Can I clarify anything for you?

Jo