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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 parents 0f a juvenile aged 16 (16 on 8.8.14) with special

Resolved Question:

The parents 0f a juvenile aged 16 (16 on 8.8.14) with special educational needs was the subject of a complaint by a female pupil with an allegation that an incident had occurred which could be an offence. The police are involved but nothing has been heard from them until now when they say they want the boy to make a statement "for the record" what does that mean and what is the effect of the long delay. should we have a lawyer. The girl is in the same category as the boy
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Jo C. :

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

Jo C. :

What is the allegation please?

Customer:

The allegation is that the boy touched the girl sexually between her legs

Jo C. :

Does he deny it?

Customer:

He has not said a word, he has never raised the issue and the parent have been afraid to do so i n case it could said they influenced him. He was excluded from school ofr about a week and then was allowed back in another form but the children in that form were again special; needs. He has a degree of autism

Jo C. :

No, but does he actually deny the offence?

Customer:

Sorry I really don't think wa s that was ever put to him. His mother was asked to collect him from school when he was excluded. I really don't think he knows why he was excluded and why he had to go back to another form.

Customer:

Jo, I can see that my lack of precision in my answer can cause you problems in giving a sound legal answer. I'd be very happy to have your view on the the police wanting a statement for the record and on the delay.

Jo C. :

Well, the trouble is that will all be a ploy.

Jo C. :

What 'for the record' means is an interesting question but it almost certainly doesn't mean that they intend to do nothing with it.

Jo C. :

They might well decide that it is not in the public interest to prosecute this maybe.

Jo C. :

All that is being prosecuted at the moment is sex offences. You would be forgiven for thinking that there is no other crime in the UK.

Jo C. :

They will take a statement from her and then use it to investigate him. Probably they won't go charging round there and arrest him and keep him in a cell for the full 24 hour period but they won't just ignore the issue.

Jo C. :

The decision may well be to refer to social services rather than prosecute. It depends on so many variables. Generally I find the police more sensible than CPS on this type of issue.

Jo C. :

Their other problem might well be that she isn't a credible witness.

Jo C. :

Equally though her condition may impede consent.

Jo C. :

It depends what he is saying on the point.

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