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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice.
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can i be charged with an offence without having a taped in

Customer Question

can i be charged with an offence without having a taped interview
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 3 years ago.
not a traffic question
I was detained And released on bail but have never been questioned in taped interview.been charged with public order offense despite contry evidence
Expert:  Jo C. replied 3 years ago.
If that is literally all you wanted to know then they can do that.
There is no obligation under PACE to conduct an interview. Generally actually it is not in the interests of the defence to have one. It is an evidence gathering exercise for the police.
All this will mean is that they cannot draw inferences from your silence in interview as there was no interview.
Can I clarify anything for you?
Customer: replied 3 years ago.
I was not cautioned before being handcuffed or on arrival at police center being told not under arrest.I asked corp information dept under SARS only eight days later for CCTV in police center to prove this and refusal for tel. Call and doc being disabled.they broke my foot and never called doc for expensive controlled med that causes horrific side affects.the excuse for non production of CCTV was new system and untrained staff did not know how to download it
Expert:  Jo C. replied 3 years ago.
None of that would make any difference to whether you can be prosecuted.
All it may mean is that anything you said in interview could not be used against you but you weren't interviewed.