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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70522
Experience:  Over 5 years in practice
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The council have interviewed me under caution for allegations

Customer Question

The council have interviewed me under caution for allegations of subletting. They are doin further investigation s.I have ende my tenancy and given the keys back after a notice to quit was served.My question is this..How long do I have to wait for them to make a decision whether they will prosecute or not, is there a time limit.Also how will they let me know, will I get a letter?a knock on the door?I'm not eating or sleeping I don't know how much more I can take, its been nearly 2 months now.thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
There isn't really a time limit I'm afraid. Councils can be much slower than the police. However, usually they need to bring about an end to any investigation within a few months. Delay is never desirable from a prosecutors point of view. I realise that you want the matter overwith but delay usually does benefit the defence. There are exceptions but generally speaking it allows evidence to be lost and memories to be affected which does not help the prosecutor.
They won't write a letter. They will just summons you to court.
There are offences that must be summonsed within 6 months of the alleged offending but there are others that have no time limits I'm afraid.
Sorry if thats bad news.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

Sorry for the ignorance but what do you mean summoned to court?Is this by post? Also if they are prosecuting, generally how long till court hearing? Thank you.

Expert:  Jo C. replied 3 years ago.
Yes, a letter of summons.
Usually you are required to attend within 10 days to 3 weeks of the summons. It depends how busy the area is but thats a general rule.
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Customer: replied 3 years ago.

Would you advise that I get a solicitor now or wait to see if they indeed do prosecute and then get one? Is it a criminal solicitor or housing solicitor that I would need?Would a solicitor be able to find out where they are with the investigation and hurry them up regarding a decision. My doctor would also give me a letter as I am now taking antidepressants. Thank you.

Expert:  Jo C. replied 3 years ago.
I wouldn't incur any expense at the moment. The time to do that would have been at the interview but there is nothing that can be achieved now. Wait to see if they act.

You really need a criminal practitioner.