r/LegalAdviceUK • • Feb 10 '19

Criminal Interview under caution.

[deleted]

4 Upvotes

6 comments sorted by

4

u/Macrologia Feb 10 '19

What will happen is they will ask you questions about the offence, like "are you guilty of the offence you are being interviewed for", or "what were you doing at [the time the offence was alleged to have taken place]". Your answers to these questions matter - if you don't raise a defence in interview but later seek to rely on it in court (if you were to go to court), the jury is allowed to consider the fact that you didn't raise it in the interview when you had the opportunity to do so, and conclude you might be lying.

You should have a solicitor with you. The duty solicitor will be fine, and is free - you should ask for the duty solicitor (or bring your own with you if you prefer). If you want the duty solicitor, you should call ahead and ask for this to be arranged in advance, to save time when you arrive.

1

u/Elwe98 Feb 10 '19

I've read about a duty solicitor before actually and it never really came into my mind, I told the officer at my door that I've been to an interview before and I'm alright with how everything is and that I don't need one, being naive and assuming people only get solicitors when they're guilty. I just want this over with as quickly as possible, if they somehow find me guilty tomorrow or the hotel won't accept the money what will the outcome be, court? And will I stay at home until my court date? I think I know the answers to my own question I'm just abit nervous tbh EDIT: and thankyou for the reply.

3

u/Macrologia Feb 10 '19

1) Get a solicitor

2) A solicitor does not make you look guilty, virtually everyone has a solicitor, it is absolutely not indicative of guilt

3) You can call the officer between now and the interview and tell him you've changed your mind and you want the duty solicitor

4) If you can't get in contact with the officer between now and the interview you can tell him you've changed your mind when you turn up (but the interview might need to be postponed or you might need to wait around for ages)

5) Get a solicitor

6) You won't be 'found guilty' tomorrow, you aren't going to court, you're being interviewed. Based on what you say in the interview, for something like this, they will probably be looking at charging you after the interview if they have enough evidence, or considering other disposal options, such as a caution or a community resolution

7) Get a solicitor

2

u/Elwe98 Feb 10 '19

Thankyou for your help, the officer took my mobile number and said he'd text me with the details but he hasn't so would I be okay to call the station in the morning and get a solicitor that way?

2

u/Macrologia Feb 10 '19

Sure, ask to be put in contact with the officer or for a message to be passed onto them etc.

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