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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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My cousin has been arrested this week for smacking his

Resolved Question:

My cousin has been arrested this week for smacking his daughter. He admitted this to the police when questioned. His ex wife called the police 2 days after the event when their 6 year old mentioned the event. He is a good father who ahs joint custody. He was told he must not contact his children and cannot see them for it is classed as interfering with witnesses. The child went to school as normal that day and is fine apart from being very distressed about not seeing her dad. He has been given no indication by the police when he can see them. He ahs called social services who have said do as the police say it is part of his bail terms not to approached the children or his ex wife. All very upsetting. WE have not managed to get an appointment with a solicitor yet. The police did not offer him a duty solicitor.
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

What would you like to know about this please?

Customer: replied 10 months ago.
How can the police arrest and charge someone for smacking their child. Its not illegal is it? and why have children's social services not been immediately involved in order to immediately investigate and allow him to see his children. Even supervised access would be better than nothing?
Customer: replied 10 months ago.
Hello is anyone there? I hope I have not wasted my money?
Expert:  Jo C. replied 10 months ago.

Is there any reason you think this isn't legal?

Customer: replied 10 months ago.
Sorry I don't follow?
Customer: replied 10 months ago.
hello whats happening now?
Expert:  Jo C. replied 10 months ago.

I'm not sure what you mean? It has been four minutes since your last post?

Customer: replied 10 months ago.
I didn't understand your response. I have looked on several web sites which state smacking is not illegal.
Customer: replied 10 months ago.
This is really frustrating. WHy are the responses so slow?
Expert:  Jo C. replied 10 months ago.

They aren't.

Expert:  Jo C. replied 10 months ago.

I am responding almost immediately.

The reason you may be experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list.

Customer: replied 10 months ago.
Can the police arrest someone for smacking a child, 3 days after the event when the child was fine nd no marks or anything like that?
Customer: replied 10 months ago.
Ok. If you clarify at the start of the conversation that responses may take more than 5-10 minutes I would not send any further questions until Ive had an answer.
Expert:  Jo C. replied 10 months ago.

Yes, I'm not sure why you think they should not?

An allegation of crime has been made.

Expert:  Jo C. replied 10 months ago.

It has to be investigated.

Expert:  Jo C. replied 10 months ago.

It would have been better if he had made a no comment interview which is what the duty solicitor would have advised.

He must have been offered the duty solicitor if he was there under arrest. It is a requirement in law and I've never known the police breach it.

He might well have refused but that is a different issue.

Expert:  Jo C. replied 10 months ago.

The police won't lift his bail conditions until the end of the case. They are prosecution witnesses.

Customer: replied 10 months ago.
He is adamant he was not offered a duty solicitor. WE should seek our own solicitor as soon as possible.
Expert:  Jo C. replied 10 months ago.

I'm really sorry but that is just plain not possible. I was a police station legal advisor for years before coming to the Bar. There are problems with the police but they do not fail to offer a solicitor. It is a script read by the detention officer when people are booked in.

Expert:  Jo C. replied 10 months ago.

If he was there as a volunteer that would be different but that is not what he says.

Customer: replied 10 months ago.
ok. why no child social services.
Expert:  Jo C. replied 10 months ago.

I would imagine they are either not interested or the police have chosen not to inform them. In fairness, there isn't an immediate risk as he is on bail with conditions of non contact.

Customer: replied 10 months ago.
That seems so unfair. The whole family including the children are distraught. One minute he has his children 4 days a week and now none.
Expert:  Jo C. replied 10 months ago.

Well, the solution to that is for his wife not to make reports to the police. She is to blame and she alone.

Expert:  Jo C. replied 10 months ago.

And the children should be encouraged to understand that. Only one person responsible for the disadvantage of a police investigation and that is the person who involves them.

Customer: replied 10 months ago.
we have feared that but that is out of our control.
Thank you I think that's all.
Expert:  Jo C. replied 10 months ago.

Yes, I understand.

All the best.

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