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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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How can I find out who my son's duty solicitor is? I'm not

Resolved Question:

How can I find out who my son's duty solicitor is? I'm not getting anywhere with the police at the station.
Submitted: 4 months ago.
Category: Law
Expert:  Jo C. replied 4 months ago.

Can you explain your situation a little more?

Customer: replied 4 months ago.
My son was arrested early hours of this morning. I have been trying to get communication to either him or his police appointed solicitor to find out what is happening. For about 8 hours I was getting conflicting responses from the custody Sargent, detention officer and an inspector as to whether my son's duty solicitor was in attendance, been called etc. I in the meantime contacted a legal representative and even they had a very hard time even getting a response to the police. In the end when I made it clear that I want my son to know he has a choice as to who he has to represent him. The police have lied and have been deliberatively obstructive. Apparently my son has indicated that he wishes to use the lawyer I found for him, which at the time if enquirer the duty solicitor was not present at the police station. Then we get a call not more than 10 mins later saying the duty solicitor will not be releasing the case. So I need to know how I can get to know who this person or their firm is
Expert:  Jo C. replied 4 months ago.

I'm afraid they don't have to tell you anything at all.

He is an adult and without his permission you cannot be given that information. The police are bound by confidentiality at least at this stage. Sometimes they will disclose the name of the solicitor's firm but nobody can force them to do so.

The solicitor will speak to you only if he has the permission of your son as he is bound by professional confidentiality.

Ultimately though, it cannot be demanded. Unless the police will be willing to disclose that information there is no way of forcing them to do so.

I understand you are worried but your son's a right to have his confidence respected.

Can I clarify anything for you?

Jo

Customer: replied 4 months ago.
My son has been released on police bail and from what I'm being told he is confused as to when he was actually under arrested. When does an arrest become effective? Is it at the time the police officer says "I am arresting you on.......... together with advising you of your rights or by putting cuffs on you and telling you that you are being taken in for a further search?
Expert:  Jo C. replied 4 months ago.

Is there relevance in the time of arrest? Are they saying he responded in some unhelpful way?

I'm happy to continue with this but please rate my answer.

Jo C., Barrister
Category: Law
Satisfied Customers: 69511
Experience: Over 5 years in practice
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