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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71148
Experience:  Over 5 years in practice
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I have been asked to attend the police station on March 5th

to be questioned about an... Show More
to be questioned about an alleged harassment. I was told I am not under arrest.
Ten years ago my then 5 year old daughter was sexually abused by a 10 year old boy whome was a neighbour. The police and social services were involved but no charges were brought against him as we were told he was under age.
When he was due to start secondary school I wrote to this child's parents and said if they sent him to the school my daughter was due to go to I would tell the school what he had done. I had not seen or heard from them since.
As a result of social media I came across this person and contacted him. For the past 10 years I have suffered depression and anxiety because of his actions. My daughter has had a difficult time also I believe as a direct result of his actions. I 100% believe that once an offence like this is committed it will be committed again.
I also believe that people should know what this person did, solely to prevent it happening again.
So with this in mind I emailed him and members of his family basically saying that I have not forgotten what he did, that he devastated a family with his actions, that I see he and other family members have children of their own and how would they or him feel if it was there children. And that I feel it's my duty to tell people about his actions.
As a result of this I now have to attend the police station and be interviewed. Can you advise me on what to expect and should I ask for the duty solicitor to be present. What charges can I expect to be charged with if any. They police asked me to attend at 9.30 but I requested that they make it 11am as I have fibromyalgia and M.E and have difficulties especially in the morning. They agreed to this.
Also the police said there was another way to resolve this, and that was the alleged victim would accept a letter of apology from me. This course of action I declined.
Please can you advice me, many thanks XXXXX XXXXX .
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Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

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Customer reply replied 4 years ago.
Hi Jo , thank you for getting Bach to me so quickly. Firstly what can I expect to happen on arrival at the police station. I've never even been in one before. I've never been in trouble with the police or even pulled over in my car.
Secondly have I committed an offence, what am I likely to be charged with and what is the punishment. Do I admit to the offence willingly . Do I ask for the duty solicitor to be precent . Also do my family need to know and do I have any rights regarding being detained due to my medical condition. Many thanks, Lisa

1 It depends but get a solicitor to attend with you. If you do that then they probably won't arrest you or put you in a cell but will just deal with the interview immediately.

The solicitor will maximise disclosure by speaking to the officers first and getting an idea of their intention.

You can use the duty solicitor but you will have to wait for his arrival.

2 Yes, you probably have I'm afraid. Its a shame that they didn't deal with it by just giving you a harassment warning instead of launching a full scale investigation but I suppose its the threat to rake this up again that concerns them.

In terms of whether you admit the matter, again it depends. If its just one letter then you might have the defence that its not a course of conduct which normally requires two or more incidents but they can usually find something else to latch onto this.

They will probably offer a caution. If so, then you would have to admit the offence but it would come to an end on the day in the station. It depends if you feel strongly enough to fight it.

You don't have to tell your family.

They are not going to detain you. Its not that type of offence. If you carry on contacting them then you might be at risk but not now.

Can I clarify anything for you?

Customer reply replied 4 years ago.
Thank you. I have lived with this now for many years and as I say it's affected my family and I believe my health. I am not in anyway sorry for contacting him or his family and did it with the intention of reminding him of what he's done and trying to ensure he doesn't do it again if his family members know what his done. I also believe he should be reminded that what he did is unacceptable . I will gladly admit that and have no intention of saying sorry to him.
If I ring the police station can I book the duty solicitor to meet me there at 11am
No, you can't book the duty solicitor.

You can phone independent solicitors and arrange to meet at 11am on that day.

If you do refuse to apologise that could be a problem. I wouldn't mention that until it becomes an issue. They have taken to offering conditional cautions with a requirement for an apology. personally I don't like them with harassments. I think it just makes a tense situation worse. However, if that is their requirement refusing to comply would lead to a charge.
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