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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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I've been asked to attend a police interview under caution

Customer Question

I've been asked to attend a police interview under caution as an allegation of voyeurism has been made against me. I've never been in trouble before, I have no idea what to expect.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
How can I help with this please?
Customer: replied 1 year ago.
I just don't know what to expect. All the correspondence has been by e-mail so far, and the interview is voluntary. Surely if there was evidence of a crime I'd have been picked up, not e-mailed?
Expert:  Jo C. replied 1 year ago.
No. They wouldn't normally arrest a person who was willing to come in voluntarily. There is case law to the effect that they should not and also they prefer voluntary attendances as they are far less work for them.They might well arrest you upon arrival although they shouldn't do that either unless you refuse to co operate.Can I clarify anything for you? Jo
Customer: replied 1 year ago.
Thanks Jo. I'm hoping obviously not to be arrested, but I have no idea what evidence there is etc...
I've requested a duty solicitor as I do not have my own. I they'll be given all the particulars of the allegation and have some time to go through them with me before the interview? So we're prepared.
Expert:  Jo C. replied 1 year ago.
Normally the police give disclosure to your solicitor and then you have consultation before you are interviewed.
It might well all be a load of nonsense. Allegations of sexual offences commonly are.
Customer: replied 1 year ago.
~Thank you Jo. If I am charged, what will happen then? I have to travel to the area where the interview is taking place and it's quite a long way. If I'm charged will I be expected to stay there, or could I be released on bail?
Expert:  Jo C. replied 1 year ago.
No, they will bail you. They are not going to remand you especially not if you have answered bail.
Please remember to rate my answer.
Customer: replied 1 year ago.
Thanks Jo, so having voluntarily attended the interview will work in my favour a little?
Expert:  Jo C. replied 1 year ago.
Generally speaking it is better to attend voluntarily. There are exceptions but not here.
Jo C. and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Presumably if I'm charged, arrested and bailed I'll be allowed come home until a court date is set?
Customer: replied 1 year ago.
Hi Jo, have I reached the limit of the questions I can ask?
I thought I had a membership so could continue asking questions?
Expert:  Jo C. replied 1 year ago.
Yes, I don't think there would be any problem with bailing you.
It is not that type of offence.
You can ask follow up questions.
Customer: replied 1 year ago.
Hi Jo,I've read that police will only interview you if they don't currently have the evidence to outright arrest you. Is this true, and how likely is it that they will produce some sort of evidence? I'm assuming if there was more than just an allegation i wouldn't have been invited, I'd have been collected and made to attend.
Expert:  Jo C. replied 1 year ago.
No.
They would arrest you on the barest suspicion.
You would be invited to attend on the mere allegation.
Customer: replied 1 year ago.
I'm having to attend the interview in a town in which I haven't lived for several months, so I'm assuming this is an allegation from then. Why would it take so long for them to try and contact me? I'm trying to reassure myself that I must not be a top priority or there must not be evidence beyond someone's accusations.
Expert:  Jo C. replied 1 year ago.
Yes, it is an allegation.
They have just taken their time over it because there are no time limits upon this type of crime.
Customer: replied 1 year ago.
Thanks.I've organised for the duty solicitor to be with me during the interview. Will they be presented with the full details of the allegation before hand? I have no idea where it's from or what sort of "evidence" I'm facing, and have never been in trouble with the police before so I don't know what to expect from this interview.
Expert:  Jo C. replied 1 year ago.
They can withhold some or all of their evidence but that isn't really in their interests as it just leads to a no comment interview.
Generally speaking, police officers do disclose their evidence to solicitors.
Customer: replied 1 year ago.
So I won't know what's going to happen until it does?How will the solicitor be able to advise me if they don't know what to expect? I've read that giving a no comment interview is the best practice as police will try to twist your words.
Expert:  Jo C. replied 1 year ago.
There are risks in a no comment interview. An inference can be drawn at court.
Overall, if you have a defence that you can argue then you should be answering questions.
You don't need to worry about that though. Just follow your solicitor's advice.
Customer: replied 1 year ago.
Thanks again.Will I have time before the interview to talk to the solicitor?
Expert:  Jo C. replied 1 year ago.
Sorry for the delay.
Yes, you will have consultation with a solicitor.
Customer: replied 1 year ago.
Thanks Jo.Could you possibly give me an idea of how the interview will go? I have no experience with this and a little bit of foreknowledge would help.
Expert:  Jo C. replied 1 year ago.
In what sense?
I will not have any way of knowing which specific questions will be asked obviously.
Customer: replied 1 year ago.
Well I mean just roughly, what's the procedure?I've been told to go to the station and then call the officer who's interviewing me so they can come and fetch me, but that's all I know.
Expert:  Jo C. replied 1 year ago.
Usually they will take you through to custody, do disclosure with your solicitor, he will have a consultation with you and then interview.
Customer: replied 1 year ago.
I've read that even if I'm cautioned for a sexual offence, I'll be required to sign the sex offender's register for two years. Is that true even there's no further action taken against me?
Expert:  Jo C. replied 1 year ago.
That is true if you receive a caution.If they take no further action then you would not be subject to notification.

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