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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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The British Transport police were supposed to come to my home

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The British Transport police were supposed to come to my home for statement this evening. They did not turn up but have telephoned me to ask if my wife and I would attend a Police Station 30 miles away instead to do a taped statement. Can I refuse to go to the station and request they come here as previously agreed.

Kind regards

Bob Strong
My name isXXXXX and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

What do they wish to speak to you about?
Customer: replied 3 years ago.

We travelled up from London to Birmingham on a Virgin train last night. We have been to function and had a few drinks. The train manger came through the train and I enquired when the coffee was being served, he said he was under staffed and if we wanted coffee we would have to go down the the kitchen and help ourselves. I went down to the kitchen but noticed on my way other coaches had been service. I went back and complained to the Train Manager who said be causes I was a standard class upgrade I did qualify for coffee. I pointed out that I was a full paying first class passenger and told him I found his response not acceptable. Another passenger intervened on his behalf and I told him to mind his own business. My wife then called me back to the seat. Half an hour later we pulled into Coventry and were removed off the train by the Transport police who said they had a complaint that I been complaining to loudly and I would not allowed back on the train. I said I did not realise it was an offence to complain. They took our dealer and told us they would take a statement from the train manger and the passenger and come to see us today to take statement of the events from us.

Thank you Bob for the additional information. From what you have said it appears the police suspect you may have committed an offence and wish to speak to you about that; if I am wrong please tell me. With that being the case any discussion between the police and a suspect about an alleged offence is usualky recorded on tape under caution (I.e "You do not have to say anything but it may haarm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say maybe given in evidence.") The Codes of Practice, under the Policd and Criminal Evidence Act 1974 governs the interview procedure although there is nothing specifically said about the venue for people attending voluntarily (people arrested have to be taken to the nearest designated police station). In the absence of specific guidance about the venue, you can certainly ask to be interviewed at a more convenient location. The police have mobile recording devices so mobility for them should not be difficult. But as with all things they could refuse your request. In the worse case scenario they could arrest you ans take you to the police station for interview. If they are treating you as a witness you have a better prospect of persuading them to visit you at home.
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