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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71048
Experience:  Over 5 years in practice
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A neighbour upstairs claimed my 12year old son damaged property

Customer Question

A neighbour upstairs claimed my 12year old son damaged property and called the police, the police came toy door, stating the claims, they said they were pretty much sure it was my son,as they stated the woman had taken a video. The step damaged was outside the building front door, they gave me no names,no reference, the dog was barking as I am looking after it for a friend,hence I was highly stressed trying to quieten him, I didn't ask reference, they asked my name, even though I explained my son was with his older brother who could witness it was not him. They simply said they will start criminal investigations. Was the police conduct right ? I was not shown the video,asked where he goes to school,they asked my son two questions and kept saying oh well an investigation is being launched someone will contact you and left. Is it right to film minors ? Why was I not shown the video? Why was I told I don't know how much the step is but you'll have to pay it? What do I do?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
There are no complaints arising from the actions of the police that you set down above.
There is no law against filming a minor or anybody else in the UK. You don't need consent to film a person in the UK unless it is something like using a bathroom. If you did the activities of the press would be almost at an end.
They would not show you the video. Probably it hasn't been seized yet and anyway showing it to you would be an interview on the doorstep which they are not allowed to do under PACE.
I imagine they were giving you the opportunity to pay for it to avoid an investigation against your son which I imagine would be your preference. He is over the age of criminal responsibility although only just. If he caused damage then they probably will act against him if you don't agree something with the complainant.
In terms of what you do, it depends what is more important to you. If you are convinced he didn't do it then refuse everything. If there is a risk he did and you don't want him to be prosecuted or given a caution then make efforts to agree something with the neighbour.
Can I clarify anything for you?