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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71361
Experience:  Over 5 years in practice
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My 17 yr old son was arrested after a domestic incident

Customer Question

Hi there
My 17 yr old son was arrested after a domestic incident where he hit my husband and gave him a black eye. The police were called. It was the first time he or any of our family has been involved with the police and despite our protestations that we didn’t want to press charges, the police advised that he would receive help for anger management if he was arrested, spent a night in the cells to get a short sharp shock.
The following day he was interviewed and advised by his lawyer to reply ‘No Comment’ but refused as he wanted to tell the truth and the police said it would be better for him if he admitted that he had hit my husband so he wouldn’t go to court if we pressed charges.
I am confused and distraught because we had not instructed the police to press charges and had voiced our concerns that we didn’t want his life and future jeopardised by this single incident.
He was sent home and is being referred to YOT for support which is good, but does he now have a reprimand or caution that will follow him around for the rest of his life potentially causing problems when applying for jobs, visas etc?
The piece of paper he was sent home with says ‘Alleged Offence. Assault by Beating.’
And also says ‘I understand that I am being released from custody without bail. I have been informed that the offence I have been arrested for requires further investigation and I will be contacted in the future regarding amy possible actions against me. I have also been informed that I could be re-arrested should amy new evidence come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before my release.’
My son is not sure if he has had a caution/reprimand but that is probably because he hadn’t slept in the cell all night and was following the police’s advice, and wanted the YOT help on offer. He signed many pieces of paper but can’t tell us if he was given a formal reprimand, but does remember the police telling him he has to attend the YOT sessions or else.
Can you advise at all?
Submitted: 16 days ago.
Category: Law
Expert:  Jo C. replied 16 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 16 days ago.

This sounds like a conditional caution.

If so, he will be in breach if he does not comply with the conditions.

If there was an OIC then he should get in touch and check.

He must have been given papers though that would tell him?

Jo

Customer: replied 16 days ago.
Well the only piece of paper he was given is as shown.
Customer: replied 16 days ago.
Well perhaps I could call tomorrow. I have not ever had to use this service before so am unsure what I paid the £38 for. Was that just to register with the site?
Customer: replied 16 days ago.
Ok, I am confused. Have I now received the full answer to my query? It is my fault as I should have looked into how the site works before leaping in.
Expert:  Jo C. replied 16 days ago.

That is a bail sheet.

So he hasn't received a caution or a remand.

He needs to use the solicitor that he is offered in police interviews and then this matter would be resolved.

Customer: replied 16 days ago.
But he ignored the solicitor’s advice and refused the No Comment route so is it still worth asking to see the duty solicitor he had in light of the fact he admitted guilt during interview?
Expert:  Jo C. replied 16 days ago.

No, I didn't mean in the future of this case. The damage is done now.

I meant if he is going to continue being arrested.

He also needs to follow their advice.

If he was told to make a no comment interview then it is probably not suitable for a caution.

Customer: replied 16 days ago.
Many thanks. One final question, is it likely that he will receive a reprimand/caution in light of what I have told you. In hindsight he should have listened to the solicitor but the police told him it was better for him in the long run to admire guilt and avoid going to court. He panicked, and the police were extremely helpful and kind to him.
Customer: replied 16 days ago.
I sincerely ***** ***** will not ever be arrested again, and indeed he is extremely worried and upset that he has ruined his future prospects.
Expert:  Jo C. replied 16 days ago.

Probably not.

I am just drawing that conclusion from the fact his solicitor told him to make a no comment interview which suggest a caution isn't available.

Customer: replied 16 days ago.
Well perhaps the matter will be dropped after he has received YOT assistance. The solicitor did say that if we were going to press charges that No Comment wasn’t the right option, but of course we weren’t going to press charges and had told the police we wouldn’t do so.
I will have to contact the police on Monday to find out what is happening.
Thank you for your time and assistance.
Expert:  Jo C. replied 16 days ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Customer: replied 16 days ago.
Many thanks and will do. I could have asked my brother who is a QC but his field is not in domestic criminal law and I didn’t want to drag him into all of this. Kind Regards. Orla
Expert:  Jo C. replied 16 days ago.

No problem.

Please remember to rate my answer.