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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience:  Over 5 years in practice
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My partner has had a complaint made to the police about an

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My partner has had a complaint made to the police about an incident that happened at work ...The guy has been to the police and said he was assaulted when in reality she tapped him to get his attention because he kept ignoring her as she was explaining about his scrap work..... He immediately started shouting at her saying you don't know me you cant touch me I am a man he said he want to see the manager , the director and everyone else in authority. Since this happened on 10-03-15 my partner has had to have a meeting with her team leaders to tell them what happened and, following an email from the police to her company on 13-03-15 saying the guy wanted to press charges, she was suspended yesterday 16-03-15 until further notice after a meeting with the 2 team leaders where she was informed about the email.The guy had only been at the factory for 2 days and has not returned since the alleged incident ... Now we are not sure whether to go to the police and give a statement or wait for them to come to our home. My partner is Polish and would really need an interpreter during any interview .... It has been a week since the incident and we have heard nothing from the Police but we have obtained The PC's name and the incident number what do we do
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.

What to do next

Expert:  Jo C. replied 1 year ago.
To achieve what?
Customer: replied 1 year ago.

We want to know if we should go to the police to voluntarily give a statement or wait and see if they come to us

Expert:  Jo C. replied 1 year ago.
I would never normally suggest walking into a police station with your hands in the air but if you know the police are looking for you then it is generally better to make an appointment to attend voluntarily rather than wait to be arrested.
I wouldn't go charging down to the station though. Phone them and make an appointment to attend voluntarily or get a solicitor to do it for you.
It is quite unlikely that he has given the police the same facts that she has given you. There is clear case law that touching somebody is acceptable to gain their attention. They would not have acted if he was telling the same story.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

We know he has obviously made it sound a lot worse than it was ...... If we went to the station as I said would we be able to use the duty solicitor and would they supply an interpreter .... we don't know what he has said because the company has with held his statement and obviously until the police call us or turn up outside the flat we don't know what he has said to them either

Expert:  Jo C. replied 1 year ago.
They probably wouldn't arrest her there and then so the duty would be a non issue. The OIC is probably not ready to interview or you would have heard from him. They don't encourage making arrests if they can get you to attend voluntarily as the latter is far less labour intensive.
They will provide an interpreter if she cannot speak English.
Don't get involved in this as far as he is concerned. This is her issue for her to sort out. Do not place yourself at risk not least because this person is clearly a vexatious accuser.
Customer: replied 1 year ago.

Look my partner is upset because she did nothing wrong .... she has never been in trouble with the police or had any type of disciplinary procedure at work and all of her workmates are horrified at what has happened. We are normal working people who don't know the system and we just thought honesty would be the best policy but it seems even at work this has gone against her we don't want to get involved in anything. We just want it clearing up asap. We just don't know what to do

Expert:  Jo C. replied 1 year ago.
Yes, the trouble is that vexatious accusers are very dangerous not least because they know how to play the victim. It is more common amongst women than men overall but not sensible reasonable person would think that the lightest touch is a proper subject for the attention of the police.
However, he has reported it and honesty is very definitely not the best policy. Of course, nobody can lie in the course of a police investigation but we do not do their job for them by making admissions or statements contrary to interest.
Customer: replied 1 year ago.

I don't think that she is on the most wanted list .... Is it worth countering him with a complaint about his sexist attitude towards women

Expert:  Jo C. replied 1 year ago.
No.
In any event, that is not a crime.
Also, this isn't really an issue of sexism. It is just an issue of him using the police as another limb of the welfare state.
Customer: replied 1 year ago.

Yes I agree there, so maybe we should just sit tight and wait to see what happens and if or when the police come round we explain she doesn't understand but would be prepared to make an appointment to be interviewed with an interpreter .... one last thing if she makes a statement i assume this would be under caution ... but you suggested that the duty solicitor would not be needed until an arrest am i understanding this correct ... or would it be best to take a solicitor with us

Expert:  Jo C. replied 1 year ago.
It is quite unlikely they will come round and arrest her. What they will do is invite her in voluntarily to discuss this.
Yes, it would be under caution and if she is interviewed under caution then she always needs a solicitor whether it is voluntarily or under arrest.
But if you attend voluntarily you can take a solicitor with you which does negate the need to have to wait for the duty solicitor to arrive.
Customer: replied 1 year ago.

Finally do you have to pay for use of duty solicitor and what would be you estimate of a cost for this attendance ..... would the solicitor or the police for that matter decide if there was a case to answer after this interview

Expert:  Jo C. replied 1 year ago.
No, legal aid covers the police station for either a duty or a privately arranged solicitor.
CPS decide if there is a case to answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Yesterday you said that a solicitor attending a voluntary interview be it the duty or private is paid for by legal aid however today we have been quoted £40 plus vat for advice and £200 per hour after .... no -one has offered free interview

Expert:  Jo C. replied 1 year ago.
No, they won't do it for free but legal aid will cover it.
They will not advise until it does though obviously.
Customer: replied 1 year ago.

so how do we apply for legal aid

Expert:  Jo C. replied 1 year ago.
You don't. The solicitor does.
You just get them to arrange an appointment to attend voluntarily and then they apply.
If they won't do that there is always the duty solicitor but he will still have to apply.
Customer: replied 1 year ago.

can legal aid refuse to pay

Expert:  Jo C. replied 1 year ago.
You can be refused legal aid for the court hearing but not the police station.
Customer: replied 1 year ago.

thanks

Expert:  Jo C. replied 1 year ago.
No problem.
All the best.

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