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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Back in January 2015 our local police force executed a

Resolved Question:

Back in January 2015 our local police force executed a search warrant on my property and seized computer equipment belonging to my son. It turned out that he had visited an illegal image site some months earlier and foolishly downloaded images.
He was interviewed under caution but not arrested or charged. The interview was accompanied by a legal secretary who said that the time was recorded incorrectly and possibly the date, making the interview inadmissible in the opinion of the legal secretary. He also advised my son to no comment the entire interview, which he did other than he said yes when asked to confirm his birth name. he wasn’t charged and was free to leave after the interview.
A few weeks later my son changed his surname by Deed Poll, and obviously changed his driving license and bank details and so on. Nothing was heard from the police for 14 months. He was then asked to attend an interview under caution. He was represented by a solicitor who advised him to no comment the second interview, but on this occasion my son decided to admit the crime and fully cooperated with the police. His solicitor produced the Deed Poll at the start of the interview and his new legal name was used in that interview. Again he wasn’t charged and was free to leave.
At the end of the interview he was told that CPS would decide on whether the case would be sent for trial. Today (16 months since the initial name change) though, he has received his court summons under his birth surname rather than his new legal name.
My question is can the police and courts prosecute my son under his birth name as up until now he has never been charged under any name, only interviewed under caution, once under his birth name and once under his legal name.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Yes, they can charge under this, the new name or aka.

It is the individual being charged, not the name.

He simply needs to tell the legal advisor of the name change when he goes to court.

Can I clarify anything for you about this today please?

Alex

Customer: replied 1 year ago.
on the day of the trial at court his legal advisor would need to tell them of his new legal name, and it will be his new legal name than he will be tried on rather than his birth name, is that correct?
Expert:  Ash replied 1 year ago.

Yes it should be. Also his PNC will have both his old and new name on.

Does that clarify? Alex

Customer: replied 1 year ago.
As I don't understand the process. I'm essentially seeking confirmation that his new legal name will be used in court and no reference to his birth name used. Therefore any publications sent to newspapers would only refer to his new legal name.
If the answer to the above is yes. Then you have answered my question fully thank you. I appreciate your quick response on this day of rest.
Expert:  Ash replied 1 year ago.

The answer is yes. But in publications they can also use the phrase formally known as xxxxx

Does that clarify?
Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you :)