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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75092
Experience:  Over 5 years in practice
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I was asked to voluntarily attend a police hearing for an

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I was asked to voluntarily attend a police hearing for an alleged minor traffic violation on 6th Oct 2019 at a local police station. The Duty Solicitor failed to turn up and the investigating officer tried to engage me in a conversation and said - "I know you are worried about the outcome BUT IT WILL GO DOWN on your DBS form.....!" I immediately stopped the conversation and left because there was no solicitor present. That afternoon I lodged an official complaint with Avon & Somerset Police against this officer on the grounds that he had already inferred my guilt without hearing one shred of evidence from me. Avon & Somerset Police have no record of my complaint which was done through their on-line portal. I issued the complaint again over the phone on Friday 8/11/19 and requested that this officer does not continue the interview.The Chief Inspector contacted me that day to say that he had spoken to the officer concerned and asked him to use more considered language. I emailed the Inspector yesterday asking him not to assign this officer to my interview as I have no confidence in his impartiality and integrity. He responded by saying that no decision has been made on my case until I have provided evidence. He maintains that this officer is professionally capable of continuing the process and cannot assign anyone else due to staff shortages. I will obviously attend and get the duty solicitor to read out my statement, but it will be under duress as I am not happy that the same person will conduct the interview accordingly. Your advice is urgently needed. Regards, ***** *****
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: Live in UK. Not contacted a lawyer yet
JA: What steps have you taken so far?
Customer: prepared a written statement on the traffic incident and told the Inspector I am available next Sunday
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

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

I'm not sure what your question is?

Customer: replied 11 days ago.
Can I insist on another officer carrying out the interview?
Customer: replied 11 days ago.
I prefer to use my free trial period first

No.

Which officer they use is a matter for the force.

 

I'm not sure what the point of removing him would be anyway.

 

It won't undo the damage that has been done.

Customer: replied 11 days ago.
Well he appears to already have made his mind up. If the Inspector has assured me of his impartiality do you think I should just attend and see how he conducts himself?

Well, of course he has. He is a police officer. They are generally biased.

The bias will be double by about 10 as a result of the complaint that you made.

Whether this particular officer has made his mind up is a non issue.

The point of an interview is to investigate your defence. If you don't offer it then he can't.

If you don't have a defence then it would be best to make a no comment interview or stay away.

If you don't attend they will only summons you.

Customer: replied 11 days ago.
Okay thanks for your advice. I will attend and get the duty solicitor to read out my defence statement.

Actually, I think you should just take legal advice from your solicitor.

This matter has already been mishandled. don't make it worse.

Customer: replied 11 days ago.
Okay, many thanks for your time.

No problem and all the best.

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