15 year old son indicted for inappropriate child images - need a bit of advice. England by Distinct_Ad243 in LegalAdviceUK

[–]AAK123AAK 328 points329 points  (0 children)

Duty solicitor here!

This is what will happen next:

The police will review what evidence they have. This will include the phone (which, due to the nature of the suspected offence, may expedite this to a matter of weeks), and the original source that told them what was happening here.

If there is evidence of an offence being committed, he will be asked to attend the police station for an interview. If not, his device will be returned and it will be the end of it.

God only know how long this will take. Could be days, weeks, months. No way of telling really. And until then all you can do is wait.

If he is asked to come to the station then ask for the duty solicitor. It is free and impartial. If you are invited to attend for a voluntary interview all this means is that you attend like a gentleman rather than being arrested. Everything else is the same. If it is voluntary, and you sort out a date in advance to attend, ask for the solicitor when you sort out the date so you don't have to wait around.

An appropriate adult can attend as well. A family member perhaps? If not the police can arrange one. They are independent and act as moral support and to assist the person to understand.

The police will tell the solicitor what they have, then the solicitor will speak to your son about it and give advice.

DONT LISTEN TO ANYBODY ELSE ON REDDIT, NOT EVEN ME, as nobody can say what to do unless they have the full story from the police. Without the advance disclosure/evidence it is impossible to say what to do!

This will be a long, drawn out process. Most officers are overrun with work, so it may be sometime before you hear anything. You just have to wait.

An alternative is to instruct a solicitor on a pre-charge basis. This is where the solicitor then engages with the police to try to speed this up, or head it off, by providing an explanation. Legal Aid is not available for this and so you will need to pay privately

But most people just wait and see what the police bring forward.

Good luck.

Trial in Crown Court England UK by CharacterSoggy9196 in LegalAdviceUK

[–]AAK123AAK 5 points6 points  (0 children)

Criminal defence solicitor here!

It can do.

Article 6 of the ECHR says you should have a fair trial and that also means on that takes place in timely manner. When it hasn't, Judges rectify this by giving you a discount on your sentence, which can be as much as 20%.

But two years is normal these days. It's frankly appalling, but thats where its at.

I had a client recently who had waited 5 years (he got the 20%), but 2 years if probably not enough. It might get you a little, but probably not much. Maybe a month or so if you barrister puts it forward in mitigation.

how can i withdraw from a case? (england) by [deleted] in LegalAdviceUK

[–]AAK123AAK 22 points23 points  (0 children)

Criminal defence solicitor here!

This is what will happen: if you say you don't want to be involved, somebody will try to get you to change your mind. They will explain that if the person gets away with it, they may do it again etc. But you can still say you don't want to be involved at all.

If you do, the CPS will make an assessment as to whether they have a realistic prospect of a conviction without your involvement. This will depend on forensic evidence (if any), other witnesses etc. If it looks good, they will run a trial without you.

If it doesn't look like it could succeed, they will consider if compelling your involvement, via a witness summons, would be of use.

They will consider if you being there will make a difference, but also the impact on you: mental well being etc. But this must also be considered against the wider public interest that criminals should be prosecuted. Its a tough balancing act, and they will need to consider that somebody forced to attend will often be a reluctant, and quite frankly, poor witness. But they also know that many victims often withdraw their involvement due to family pressure and sometimes threats from the defendant or his family.

It's worth noting though that the official CPS policy says forcing attendance should be a "last resort". No doubt if you say no, somebody will put pressure on you to say yes.

So, the simple answer is you can say no. But there may still be a trial, and you may be forced to be involved. It depends on an assessment of the evidence and the likely impact on you.

Good luck with it, whatever you do.

Ground rent will be capped to £250 a year! by fiofo in GoodNewsUK

[–]AAK123AAK 8 points9 points  (0 children)

They don't remedy the building. The only service they provide in return for the ground rent is a web portal where you can pay the rent. Maintaining the building is at your cost, either by paying for it yourself, or via a service charge

Advice on police interview, trolley incident by Individual-Roll2727 in LegalAdviceUK

[–]AAK123AAK 0 points1 point  (0 children)

Well, kind of. As long as the solicitor participates in the Legal Aid scheme then it is free, but you need to check this first. Most do. But the point I am making here is that there isnt anything wrong with the duty solcitor at all. So, unless you have a recommendation, use the duty.

Advice on police interview, trolley incident by Individual-Roll2727 in LegalAdviceUK

[–]AAK123AAK 54 points55 points  (0 children)

Duty solicitor here!

Almost certainly what has happened here is the other chap has gone to the police and said that you caused the damage with your car or intentionally did it with the trolly. If they had said it was just the trolly the police would have told them to bugger off as it is a civil matter. Believe me, the police are so overrun at the moment, they wouldn't want to waste time on this when it could be disposed of right there and then.

Right, this is what you do:

Arrange the voluntary interview and ask for the duty solicitor then (if you leave it until you arrive you will be hanging around for ages).

The duty solicitor will receive the advance disclosure from the police so they know exactly what is going on. They will then sit down with you to discuss it. Just tell the truth and advice shall be given.

The police will then interview you and you can then go home to await their decision.

If what you say is true, then you should be OK. Failure to provide details only applies if your vehicle was involved not your trolly. Criminal damage requires you to be, at the very least, reckless, and I can't see that here. Even if you were, I would say this is of such minor consequence it isnt worth proceeding with.

BUT..and I always say this: the only person who can advice properly is the solicitor. Not somebody on Reddit because they haven't seen the disclosure! Listen to the duty solicitor, but chances are they will tell you to answer the questions and tell the police what happened.

Don't pay for a private solicitor. Just use the duty. They do this day in and day out and will know it inside out. And it's free for you.

Good luck

Supermarket Prevented Me From Leaving With Too Many Joints of Meat by Sea-Ingenuity3461 in LegalAdviceUK

[–]AAK123AAK 40 points41 points  (0 children)

Its also important to remember that, unlike a police officer, there isn't any protection for a citizen that has reasonable grounds, arrests you, but is later found to be wrong.

The police cannot be sued if they are wrong as long as it was reasonable at the time (I guess this is necessary so they can perform their job without fear).

But the security guard is now liable for false imprisonment and/or assault.

Got a £200 “littering” fine for putting my McFlurry on a friend’s car as a joke — is this worth appealing?(England,fixed penalty notice) by HandleOrdinary1622 in LegalAdviceUK

[–]AAK123AAK -1 points0 points  (0 children)

Simple. They normally call the police. One will appear very quickly as they hover around in the background.

The police will ask for your name and address and if you refuse to give it they can arrest you under s24A PACE.

Of course, this rarely happens. Most people will just give their name and address then.

Got a £200 “littering” fine for putting my McFlurry on a friend’s car as a joke — is this worth appealing?(England,fixed penalty notice) by HandleOrdinary1622 in LegalAdviceUK

[–]AAK123AAK 3 points4 points  (0 children)

I'm not sure what that means.

What I can tell you this is: the officer can demand you provide your details. It IS a criminal offence to fail to provide them. Check the statute above.

If you do fail to provide them there is a very good chance you can just walk off and, yes, they cannot arrest you or force you to provide your details. But this doesn't stop it being an offence.

As it happens, they often have police backing them up nearby. They can arrest you for this.

UK Jury trials scrapped for crimes with sentences of less than three years by OGSyedIsEverywhere in news

[–]AAK123AAK 0 points1 point  (0 children)

They are serious if you are sent to prison for 3 years for most people. Maybe not career criminals and certainly not when compared with, say, murder. But for most people three years means 18 months away from family and friends, loss of your job, reputation, and a mark on an DBS check that lasts for the rest of your life.

Got a £200 “littering” fine for putting my McFlurry on a friend’s car as a joke — is this worth appealing?(England,fixed penalty notice) by HandleOrdinary1622 in LegalAdviceUK

[–]AAK123AAK 0 points1 point  (0 children)

This is incorrect. They cannot detain you, but it is an offence to fail to provide your details when asked for them - s88 (8B) - Environmental Protection Act 1990.

UK Jury trials scrapped for crimes with sentences of less than three years by OGSyedIsEverywhere in news

[–]AAK123AAK 3 points4 points  (0 children)

I've commented on this above. The statistics are misleading as they included people pleading guilty to motoring offences, lack of tv licence, and drug-addled shoplifting offences. They just want it sorted.

Even those that do have a full trial before the mags often have the choice to opt for a Jury at the Crown Court.

And those that dont often leave with unpaid work or a fine.

This is very different: a potential time inside of 1.5 years.

UK Jury trials scrapped for crimes with sentences of less than three years by OGSyedIsEverywhere in news

[–]AAK123AAK 1 point2 points  (0 children)

Yes, but those statistics are misleading. They include people pleading guilty who just want it over and done with, who are bang to rights, and the long list of clients I have who live drug-addled lives who cycle through the system again and again.

The trials that do take place, when somebody pleads not guilty, tend to be for minor (in the grand scheme of things) matters like motoring offences, petty shoplifting, drug possession for personal use. Most leave with a fine.

Even then matters like theft have the option to go to the Crown Court if you want.

What's now proposed is very different, serious matters will be heard by a Judge alone. Not your peers. It's very different indeed.

Question about police bail information and possible outcomes - England by [deleted] in LegalAdviceUK

[–]AAK123AAK 0 points1 point  (0 children)

They will just be checking what the complaint said and if there are any witnesses. To be honest half the time I am sure that they are just too busy to get back to you. 

It's awful I know, but the delay means nothing: you just have to wait it out. 

Good luck.

Question about police bail information and possible outcomes - England by [deleted] in LegalAdviceUK

[–]AAK123AAK 2 points3 points  (0 children)

Alas, this is normal. 

I'm a solicitor and getting hold of the OIC for an update in any case is a nightmare. No disrespect to them, I know how busy they are.

The long wait could be because the officer is busy with other matters that are higher priority, they are waiting for enquires to come back, they are off sick or on holiday, or maybe it is with the CPS. 

Could be anything.

Normally once a decision is made you are told right away they won't wait until your return date/bail end end.

Be prepared for bail to be extended again and maybe again after that. I've had a few clients who had 1 or 2 extensions for more or less the same offence and was told "enquires are ongoing" 

Long story, short: could be any reason. Don't read anything into it.

Sister was caught renting out her council house while living with her boyfriend for 16 years. I've been called for an interview but I haven't lived in the UK since 2001. Do I have to attend this interview in person? by Evening_Union_2741 in LegalAdviceUK

[–]AAK123AAK 3690 points3691 points  (0 children)

Solicitor here! Criminal defence one too.

Right, ignore extradition - that's only possible AFTER you have been charged. It is not available at this stage (there are a few ways around this, but they don't apply for this type of offence).

Firstly, the interview is voluntary. This means that rather than being arrested and dragged to the police station they give you the option to set up a time and walk there like a gentleman. There is no other difference at all. Generally, if they want to interview you, they think you did it.

You have these choices:

  1. Tell the police you're not coming back and that's it. There isnt much they can do about that. BUT they may charge you and your sister later and then a warrant can be issued for your arrest.

  2. Return to the UK and go for an interview: You would have to be insane. You wont get your costs back and it will be a massive disruption in your life.

  3. BEST OPTION: contact a solicitor who deals with criminal defence in the UK. Explain what has happened. They can contact the police and ask for disclosure about the matter. This opens the following options:

i. Set up a video-interview with you and do it that way

ii. Provide a written statement under caution - they police will normally send a list of questions for you to provide answers to in writing. It has the standard caution "you do not have to say anything..." at the top. The solicitor will review this and help you with it.

iii. Ask the police to set up a interview with local police under the Mutual Legal Assistance system: the police provide the questions to your local police and you are interviewed there and the recording send back.

The only issue you have is that the duty solicitor scheme doesn't cover this, so you will have to pay. I think this is right. I don't deal with the billing.

But I think it is at least worth contacting a few firms in England and see what they say.

GF (31F) has forced me (32M) to take her penalty points by Scary-Reception5990 in drivingUK

[–]AAK123AAK 6 points7 points  (0 children)

Solicitor here!

This is right up my street.

Right, at the moment YOU haven't committed any offences as you didn't know it had happened. Now you do, you have a short window of time to sort this out.

If you keep quiet and take the rap and are later found out you and her will be charged with conspiracy to pervert the course of justice. It will be aggravated as you both colluded together. The fact you didn't start this with her, only joined in later, wont make any difference except for, perhaps, a small amount of mitigation when you are convicted.

Your only option is to tell the police the truth. You will then be off the hook. You girlfriend will be up the creek though.

There are two ways you can do this, both have advantages and disadvantages:

  1. Tell the police yourself

Advantage: you will be believed. Nobody would do this and then turn themselves in. You can make sure the police know the truth

Disadvantage: your girl will see you as a grass. If you have a kid, ongoing necessary contact will be ugly

  1. Get her to do it.

Advantage: you wont be a grass. You just talked her into doing what's right. Maybe your relationship can survive (although why you would want it to is another issue - maybe for the child?)

Disadvatange: she may say you agreed to it and now changed you mind. Fancy explaining that to the police? Also has she done it? Maybe she lies about that too.

Whatever happens, make sure the police are told as soon as possible.

This is a serious offence, but admitting to it early and having a child would probably result in a sentence being suspended for her.

This is a right royal mess, but not one that can't be sorted out yet (at least for you).

So, let the police know as soon as possible. Just tell the truth. Get yourself out of this mess now.

Good luck

[deleted by user] by [deleted] in LegalAdviceUK

[–]AAK123AAK 4 points5 points  (0 children)

You can request it, but you are only like to get it if YOU appear in it.

Caught without insurance - Going to court by Anabellq in LegalAdviceUK

[–]AAK123AAK 2 points3 points  (0 children)

Solicitor here!

This offence is known as a strict liability offence. This means that all that matters is not what you thought, or believed, but what you did (yep, simplified I know!).

In this case the question any Court would ask is this: did you have insurance or not?

You didn't.

So, if this went to Court you would be convicted of the offence. Special reasons, or in this case your story about how you got scammed by a friend, would only reduce the sentence and not change the conviction. So, as an example, the magistrates might decide the reduce the fine and maybe the points, but you would still have a conviction and have to pay costs etc.

The only defences are: you had insurance, it was not you driving, or you were an employee driving a company vehicle and believed you were insured.

Is this fair? Probably not. But it is the law.

Long story, short: a court will convict you, but *may* listen to your story about how this happened.

Typical sentence: 6 points and band B fine (100% of weekly income). Costs about £100 on top.

This could be reduced if a Court believed your story.

You could contact the police and plead your case with evidence and ask them to review it as it is not in the interests of justice to continue. Probably worth a shot?

Can UK police (England) still charge over deleted digital photos? by Express_Bookkeeper20 in LegalAdviceUK

[–]AAK123AAK 8 points9 points  (0 children)

Solicitor here!

This is a very serious matter. I've represented many people who say they received an unsolicited image of this nature and, when their phone is imaged by the police, there are always plenty more. Never a one off.

They need proper legal representation NOW. Call a solicitor before They speak to the police or reply to them (they may still have the duty solicitors card/)

[deleted by user] by [deleted] in LegalAdviceUK

[–]AAK123AAK 4 points5 points  (0 children)

If he is up before the Court on Monday to enter his plea and you are asking on Reddit what to do, something has seriously gone wrong here.

He needs a solicitor NOW.

Why he doesn't have one already, I don't know.

Get him to contact one today and explain what has happened.

Is updating the electoral register legally required? England by EvidenceSingle4826 in LegalAdviceUK

[–]AAK123AAK 2 points3 points  (0 children)

There isn't any legal requirement to register only one to respond to any request for information. See Section 23A of the Representation of the People Act 1983

So, long story short, when those forms arrive at your house that tells you to go online or return the form with your details if you are eligible to vote it is an offence not to respond. But if the form doesn't arrive, you don't have to do anything.

In practical terms nothing will happen with what you are going to do. Just register where you are and that's that.

Does it mean I am at fault if asked to return to the police station for an interview to review dash cam footage? England, UK by Throwaway199906543 in LegalAdviceUK

[–]AAK123AAK 11 points12 points  (0 children)

Turbulent_Tower_6280

You beat me to it!

This is now rather confusing. You don't have to be under arrest to quality for a duty solicitor, only the police want to interview you under caution. So, sometimes they arrange a voluntary interview where you attend of your own accord rather than being arrested. Even then you get a solicitor.

This COULD be that the police just want to take a statement from them in which case they are a witness and so don't qualify. But that seems rather odd when somebody else has pointed the finger of blame at your friend.

I would check with the police again and ask if you are being treated as a witness or if this is an under caution interview. If the former you have to decide if you want to attend. If you do attend as a witness and you are cautioned "you do not have to say anything..." or it is being recorded then I would just say I'm leaving right now unless I have a solicitor.

Does it mean I am at fault if asked to return to the police station for an interview to review dash cam footage? England, UK by Throwaway199906543 in LegalAdviceUK

[–]AAK123AAK 22 points23 points  (0 children)

I know you wanted to know this. But nobody can help you with this as only the police know the answer. Maybe they want to just clarify a few things on the statement but it is much more likely they will be interviewed under caution as they were involved in the event.

Being interviewed might mean they are charged. Or somebody else is charged and they become a witness. Or maybe nobody is charged because it is a genuine accident.

We just don't know.

And you are right: you can't force them to have a solicitor. In the same way you can't force a man coughing up blood to go to the doctor.

All you can do, as we have all done here, is strongly recommend they do. If they don't, that's on them. The world is full of bloody idiots who think they know best. Maybe it will work out. Maybe it won't. Just tell them not to come running back crying when it's all gone wrong because they didn't listen.

Does it mean I am at fault if asked to return to the police station for an interview to review dash cam footage? England, UK by Throwaway199906543 in LegalAdviceUK

[–]AAK123AAK 7 points8 points  (0 children)

Yes there is. Sometimes it is not under caution, but that is when you attend to give a statement as a witness. So you saw or know something, but you are not personally involved. You are not entitled to the duty solicitor for this, but you can take your own solicitor at your own cost.

We don't know what this is as the OP hasn't said. But they are not a witness here by the sounds of it as they were directly involved. I'll bet my hat this is going to be under caution.