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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71046
Experience:  Over 5 years in practice
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Hello, my son 14 bought a scrap bike in good faith and spent

Customer Question

Hello, my son 14 bought a scrap bike in good faith and spent 40 pounds of his savings on this. We got the bike repaired and spent nearly 150 extra to make it safe and rideable and cleaned up. Yesterday police arrived saying the bike was stolen and worth 800 pounds! My son was interviewed and told he could be arrested but decided to give a youth community resolution. The bike has been returned and we have lost money spent on this. But during the interview my son asked if he thinks that the bike might have been stolen. He answered yes. The officer asked that my son still kept the bike and son answered yes. My son is naive and vulnerable and in hindsight I know this is not a decision we are accepting since actually my son says that he didn't know it was stolen. In fact he was influenced by the information given by the officers that the bike was stolen and making claims that he had stolen it without properly questioning my son. I did say to the officer that in her questioning she didn't ask what condition the bike was found in and why he wanted a bike like that. This was not accepted clearly until I insisted it was asked but I feel the officer was out to get a result rather than resolve the situation. I rang the police to complain that this will be on my sons record until he is 18 even though he didn't know it was a stolen bike. But instead I have been told CID are involved and are not happy how this case was dealt with. I believe to investigate further. Please advise as the CID officer is not around for a week and do I need legal support? I am very angry about the way this has been dealt with including when the officer came to question my son and didn't ask how old he is and started shouting in my kitchen until I told her she cannot shout and should ask my sons age and ask for a parent to be present. If you can please email [email protected] Thanks
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this please?
Customer: replied 4 years ago.
For Jo c

Dear Jo
Please be kind and read the email clearly as I am asking advice on whether I need legal support ie Solicitor. This is because I feel I may need to clarify my son bought the bike in good faith but I know his answers to the police were based on information provided that the bike is stolen.

Why does the CID officer have to involved and what will it mean if the CID officer is not happy with resolution and that there should be more investigation since the bike was of high value?

Can we clarify the police notes made. We believe were influenced on an officers judgement who automatically made claims that my son can be arrested for taking stolen goods even when he said he didn't know it was?

What kind of investigation will this be?

Will my son be arrested and even if he doesn't know the person who sold him the bike unawares of the value of the bike and that it was stolen. It was a scrap bike and he was willing to get repaired. My son rode the bike around our home and unaware it was stolen. nothing on the bike had been changed only cleaned up and repaired.

Will my son be arrested and worse case senario?
He is genuine.
Please will you let me know how many times you can converse with me or until I am satisfied with your advice? what does the money of advice cover please?
Expert:  Jo C. replied 4 years ago.

1 he may as well have a solicitor but its really too late now. He has told the police that he believed the bike may have been stolen. You could argue thats not a full admission but its certainly a statement against interest. It might have been worth doing to get a community resolution.

2 its probably gone to CID because there are huge issues with stolen pedal cycles of high value at the moment. Its rather surprising they ever offered a community resolution.

3 Not at this stage. If the matter leads to a charge then any notes relied upon by the Crown will be handed to the defence.

4 Im not sure what you mean? All investigations are into criminal offences. Its the only type of investigation ever made.

5 They may arrest him. Whether they will or not really comes down to whether he is co-operating and their discretion. Sometimes they do arrest even when a person is co-operating even though the case law is against them on that point.

6 Again, I'm not sure what you mean?

7 As long as the question has not been answered already, you can ask as many related questions as you like.

Customer: replied 4 years ago.
for Jo C
Thank you Jo.

Part of the resolution was being offered youth offending team involvement. Should I contact them and explain my son didn't mean by his answers but genuinely bought the bike in good faith?

This is horrible for my son and is causing distress all round. Whom can I ask for support to speak with the pc officer involved? I want this resolved but he's only 14 and didn't steal the bike. The owner of the bike was happy he got his bike back and said he wouldn't make a claim. We are happy he's back with his bike and since his son has an emotional attachment we decided it was our loss and they have bike back but none of this is of concern.

If my son is arrested, then what happensvto his record looking at collge work etc and is this or life?

Can I speak with a senior person since the CID is on holiday for a week. I so happened to find out that this case is with CID because I was complaining about what my son had admitted to when he didn't steal the bike?

Will I make things worse?

I work with officers? Will I be asking too much and seek solicitor?

When my son was cautioned we should have been told need.a solicitor. I would have done that first and now this.

Please can you advise anything you suggest we do and not o or say so I don't make things any worse but infact help this case to tell them my son not stole the bike.


Expert:  Jo C. replied 4 years ago.
1 No, there's no point. If CID are involved they are involved.

2 Well, really only the solicitor that should have been involved from the start.

3 He is probably arrested anyway. The fact of the arrest is not an issue per se. The fact of the allegation will show on his enhanced CRB check anyway.

4 You can call CID but they will refer you back to the OIC upon his return.

5 Yes, you probably will. Leave things alone. I know its not what you want to do but from a risk management point of view its much more sensible.

6 Yes, its a bad idea.

7 I'm not sure what you mean?

8 I can't tell him what to say obviously. Since he seems to accept a risk that the bike was stolen, a no comment interview would have been a good idea unless they were willing to offer a caution or some other non conviction resolution. I suppose if they did and they do charge you could try to argue its an abuse of process at court.

Customer: replied 4 years ago.
for Jo c

I would like to email you tomorrow.

Thank you

Expert:  Jo C. replied 4 years ago.

I will be in court tomorrow but back at some point.