My rights as a supsect.......

[platinum87]

You cannot be proved guilty of a crime by staying silent. I don't think people are understanding this.

You are not even reading what i've said twice already, i never said it is proof, i said it is suspicious.

A court of law doesn't give a damn what the Police "think". The only thing that matters is evidence (statements/witnesses/CCTV, etc). Nothing else. Just because the Police "think" that your silence is an admission of guilt, means nothing. The Judge is also duty bound to not allow personal beliefs to affect his/her final judgement.

Do you know what it means to be unbiased? This means not caring about the lives of both the defendant and the accused, and not caring about the morality of the crime itself. Being totally without emotion, empathy, compassion and whatever else you can think off.

A machine is without bias, a person, well there are very few of these people in the world.

So yes when people hear how you were silent, this will cast suspicion, which will changes peoples interpretations of events or facts. It will cast everything with a greyish tint.

More so, perhaps you will sit their and be understanding of these types of things, but the vast majority of people are morons, exhibited by their personal beliefs. They cannot make up their own mind, they believe what other people tell them, they convince themselves of it.

Otherwise the only possible thing that can happen in court if the most simple facts, however law teaches otherwise. It is based immensely on subjective opinion and reasoning, what people THINK, and WHY, what is their character, and what have they done in the passed, and what connections you get.

I remember John Leslie was accused of rape and his life was turned upside down. He was proved innocent but his career and life took one heck of a beating. The court case he had (though innocent), was career ending.

And when people falsely accuse me of something that serious, that will be life ending for them.

 

[dowie]

Sorry but it sounds to me like you kicked his car when he failed to stop at the crossing for you and its backfired on you big time.

This unfortunately... Sorry OP but unless you were sprinting across the road and bashed the door with your knee then its pretty much impossible that you 'accidentally' caused damage to the car. When walking your foot won't lift off the ground enough to accidentally kick a car door - worst case you'd hit the underside of the chassis with your shin and then you'd just get a bruised shin.

It does sound more like this guy didn't stop for you at the crossing, had a near miss and you reacted/kicked the door. How else did your foot end up so high off the ground as to make contact - for anyone else reading the thread just try walking a few steps normally and see how far your foot comes off the ground - you'll not accidentally kick a car door simply through walking.

 

[Moothead2]

This unfortunately... Sorry OP but unless you were sprinting across the road and bashed the door with your knee then its pretty much impossible that you 'accidentally' caused damage to the car. When walking your foot won't lift off the ground enough to accidentally kick a car door - worst case you'd hit the underside of the chassis with your shin and then you'd just get a bruised shin.

It does sound more like this guy didn't stop for you at the crossing, had a near miss and you reacted/kicked the door. How else did your foot end up so high off the ground as to make contact - for anyone else reading the thread just try walking a few steps normally and see how far your foot comes off the ground - you'll not accidentally kick a car door simply through walking.

He doesn't know if he kicked the door, all he knows is he made contact.

 

[SexyGreyFox]

for anyone else reading the thread just try walking a few steps normally and see how far your foot comes off the ground - you'll not accidentally kick a car door simply through walking.

This was mentioned in posts 77 & 97

He doesn't know if he kicked the door, all he knows is he made contact.

If a car makes 'contact' with you at 30/40 mph you will definitely know exactly where it made contact and I don't need to be an expert to work that one out.

 

[Meridian]

If you want slant, defence barristers do it better than most.

The job of the Defence is to pass the evidence through a mill so fine that no-one can remember what shape it used to be.

M

 

[plasmahal]

This unfortunately... Sorry OP but unless you were sprinting across the road and bashed the door with your knee then its pretty much impossible that you 'accidentally' caused damage to the car. When walking your foot won't lift off the ground enough to accidentally kick a car door - worst case you'd hit the underside of the chassis with your shin and then you'd just get a bruised shin.

It does sound more like this guy didn't stop for you at the crossing, had a near miss and you reacted/kicked the door. How else did your foot end up so high off the ground as to make contact - for anyone else reading the thread just try walking a few steps normally and see how far your foot comes off the ground - you'll not accidentally kick a car door simply through walking.

It's quite interesting to see quite a few people twisting my OP and then all of a sudden adding to it.

I said the car made contact with my foot. I did not say where or how high etc. I merely made an assumption it was a door. I cannot be 100% sure where on the car the damage (if caused by hitting me) is. At no point did I say I kicked the car or raised my foot higher than normal.

I have not seen the car or the damage. For all I know, the damage was already there or happened after the incident.

The car made contact with my foot and luckily I was not hurt.

I have checked today, and the station approach and about 20-30 metres from the crossing I was on when hit, is marked as 5 mph.

I will be taking photos of that sign and it's position after asking permission from station senior staff. I will take this and other photos from Google's street view along to the interview.

Thanks to those advising about getting a solicitor. I'm going to see what legal advice I can get through work. I also remembered I know someone who is a police officer, so I will ask for his advice.

 

[SexyGreyFox]

It's quite interesting to see quite a few people twisting my OP and then all of a sudden adding to it.

I said the car made contact with my foot.

Well if a car hit your raised foot at 30/40 mph why weren't you spun round?

 

[Burnsy2023]

You cannot be proved guilty of a crime by staying silent. I don't think people are understanding this.

Of course you can, if there's enough evidence.

 

[Castiel]

Of course you can, if there's enough evidence.

He means that silence is not in any a admission of guilt and a court cannot take it to mean such.


For the OP, read this before you decide what you want to do. Talking to the Police is fine, but do so on the advice of a solicitor, do not assume you know what is best for you in this situation:

http://www.backlash-uk.org.uk/wp/?page_id=121

Upon Police Search, Arrest and Detention

This guide is produced solely for the purposes of advising you of your rights if you are arrested, or your premises searched, in connection with an alleged offence under the CJIA 2008 (extreme pornography) legislation.

It is up to date at the time of publication. However, the law may change and your rights may also be different for other alleged offences. Therefore:

If you are arrested seek professional legal advice immediately
Police searching your home for evidence

The police can either search your premises with your consent, with a warrant, or after you have been arrested.

The police can only search the section of the premises that you occupy and any communal areas of the premises.

A warrant can be obtained by the police from Magistrates to search your premises for evidence of certain crimes. In these circumstances:

The police can use reasonable force to gain entry.
You are entitled to see a copy of any search warrant.
The police should give you information about their powers to search.
A record of the search must be kept by the police.
You or a friend should be allowed to be present during the search but this right can be refused if it is thought that this might hinder investigations.

However the police may enter without a search warrant if you have already been arrested (and under certain other circumstances).
Computer evidence

The police may require computer information to be produced in a form that allows them to remove it. The police have limited rights to photograph or copy any document or other article they have the power to seize.

This includes seizing or copying computers, internal hard-drives, portable-drives, CDs, DVDs or other storage devices.
Your rights at the Police Station

If you are arrested you will be taken to a Custody Suite at a Police Station. Your rights in Police Custody include:

MOST IMPORTANTLY – the right to free, independent and confidential legal advice.
You are strongly advised NOT to talk to the Police about the alleged offence until your solicitor advises you to.

You are strongly advised to exercise this right and ask for a solicitor immediately upon arrival in the Custody Suite. Asking for a Solicitor is not an admission of guilt and cannot be held against you by the Police.

If you do not know the name of an individual solicitor, you can ask the Custody Sargeant for the Duty Solicitor, who is completely independent of the police; and will be able to represent you for free.

You may consult with your Solicitor on the phone at any time whilst you are in Custody; and your Solicitor must be able attend the Police Station to advise and represent you in person within 45 minutes of the Police being ready to interview you.

Therefore, do not sign a police officer’s pocket book or any other document regarding the alleged offence until your Solicitor arrives and advises you to.

You may sign the Custody Record to confirm your state of well being and to confirm any property that has been taken from you.

You also have the right:

To be treated humanely and with respect.
To see a copy of PACE and the Codes of Practice which govern your rights and how must be treated (your Solicitor should know these rights).
To speak to the Custody Sargeant at any time (the officer responsible for your welfare).
To know why you have been arrested.
To have someone outside the Police Station notified that you have been arrested (you may not be able to make this phone call yourself).
To have an Appropriate Adult with you in Custody and when you are in interview if you are vulnerable (this includes having learning difficulties such as reading difficulties or certain Mental Health issues). The appropriate adult’s role is to ensure your welfare and assist with communication; not to give you legal advice.
To request the police medical examiner (doctor) to attend you if you feel unwell or need prescribed medication. You should inform the Custody Sargaent at the earliest opportunity if you are on prescribed medication. You may be permitted to take, or negotiate for the collection and administration of your medication.

Practical Procedure in Custody

Once you have had time to consult with your solicitor, you should be formally interviewed by the police. This interview should be tape-recorded. Your Solicitor (and appropriate adult, or interpreter if you need one) should be present throughout your interview.

You are entitled to ask for the interview to be terminated at any time if you require further legal advice from your solicitor. This means that the tapes must be turned off and that you be given as much time as you need to consult with your solicitor in private, so that you are fully advised; and then the taped interview with the Practical Procedure in Custody

Stay calm. You may have to wait in your cell for some time before you see your solicitor in person. You can be kept in custody for up to 24 hours (which can be extended by 12 more hours by an officer of the rank of Superintendent or above).

Anything you say to the police whilst in Police Custody may be recorded and read back to you in tape-recorded interview.

There is no such thing as an “off the record chat” beforehand.

Therefore talking “informally” to the Police at this stage may harm your case significantly. Wait for your Solicitor to arrive and advise you before you discuss the alleged offence with the Police.

Ensure all your details that have been entered on the custody record are correct. Read it before signing. Especially important are the reasons for your arrest; and your times of: arrest; arrival at the Police Station; and detention.

If you request something whilst in Custody (book, blanket, phone call etc) and it is refused, ensure that you see the reasons for the refusal are is recorded on your custody record.
Your solicitor

Do not be dissuaded from seeing a solicitor because the police tell you that it will take longer for a solicitor to arrive; that it will make things more complicated; or it will be held against you. It is your fundamental Right, it is Free and cannot be held against you by the police or, at a later date, by a Court.

Before you are interviewed, your Solicitor must be given “Disclosure” by the Police. This disclosure should contain the reasons for your arrest; the offence(s) you are suspected of committing; any evidence the police are prepared to admit to having against you and; therefore, that you are to be formally interviewed to obtain further evidence. This disclosure may vary in detail depending on the circumstances. It is often basic information that the police wish to “flesh out” by asking you further questions in interview.

You have a right to consult with you solicitor in private without a member of the police being present. Your solicitor should advise you as to your rights and entitlements at the Police Station, check your welfare concerns (health, childcare, appropriate adult, treatment whilst in custody etc); advise you regarding the law, disclosure and the strength of the evidence against you, before then taking your instructions – which are your version of events.

Remember – it is essential that you listen to your solicitor. You do not have to follow their advice, but remember that they are trained and experienced professionals whose role is to advise and represent your interests.

Despite the nature of CJIA Extreme Pornography offences, do not be embarrassed to talk to your Solicitor in detail about the allegations. Failure to do so may significantly harm your defence.

Once your solicitor has taken all necessary instructions from you, he should be in a position to advise you regarding your best legal interests in interview. Essentially your options are:

1. To answer all the police’s questions.
2. To answer “No Comment” to all questions.
3. To give a written statement and then answer “No Comment” to all questions.

Your solicitor should advise you as to which of these options appears to be in your best legal interests, given the information that both you and the police have provided.

Do not assume you know what your best option is before you discuss it fully with your solicitor. Therefore, do not assume that a “No Comment” interview is in your best legal interests, as you may have a defence at law, or vice versa.

In Interview, once you have had time to consult with your solicitor, you should be formally interviewed by the police. This interview should be tape-recorded. Your Solicitor (and appropriate adult, or interpreter if you need one) should be present throughout your interview.

You are entitled to ask for the interview to be terminated at any time if you require further legal advice from your solicitor. This means that the tapes must be turned off and that you be given as much time as you need to consult with your solicitor in private, so that you are fully advised; and then the taped interview with the police may resume.e police may resume.
Charge, or Bail for Further Enquiries

Once the interview process has concluded the police must make a decision. If they have enough evidence against you they must charge (formally accuse you) you with the offence and bail you to attend a Court to answer those charges.

An immediate charge is unlikely in CJIA Extreme Pornography cases as the Police will have to examine your computer and electronic storage equipment forensically. This may take 6 months or more. Therefore you are more likely to be released from custody on bail. This means you will have to return to the Police Station at a later date (eg in 6 months time), either to be charged, interviewed again based on any further (computer or other) evidence the police have against you, or bailed yet again for the Police to make more enquiries.

During this period it is essential that you stay in contact with your Solicitor for updates and further advice regarding the procedures you face.

For further advice consult a legal professional.

 

[Burnsy2023]

He means that silence is not in any a admission of guilt and a court cannot take it to mean such.

However the court can take inference if he doesn't mention something during the interview that he then states in court.

 

[Castiel]

However the court can take inference if he doesn't mention something during the interview that he then states in court.

Only if it is the basis for his defence, and even then there has to be evidence to support that inference if it is detrimental to the defendant. This is why he needs professional legal advice before he speaks to the Police, especially under caution.

 

[jaybee]

Another thread where if I was the OP I would do nothing. Don't make a mountain out of a molehill. They have nothing on you. The BMW driver has nothing on you. Don't make life hard for yourself. You do NOT go to the police station. You do not communicate with them unless placed under arrest (you won't) in which case you get legal representation. What evidence does he have that you "kicked his car"? Honestly. Do not let people like this ruin your life. Better still, tell him in no uncertain terms that you have a threat of your own.....you posted on OCUK.

 

[JAYJT29]

Just my 2 pence worth...

This will not end up in court the op has not had any police involvment before, even if he had kicked the car and there was cctv or other evidence which shows this then he will receive a caution.

The op has been asked in for questions, he will not be under arrest, if he gets a solicitor this will cost him, there are two ways to deal with this.

1/ Go in and have the interview (without a solicitor) as this will cost money, if the op's story is 100% true, tell the police your side of the story and the crime will be written off.

2/ Refuse to go in, be arrested then get free legal advice and again if there is no evidence and the story is 100% genuine. Again you will walk out with no further action. This option will probably involve a cell for an hour or two.

If it was me i would choose option 1

Jay

 

[Von Smallhausen]

Only if it is the basis for his defence, and even then there has to be evidence to support that inference if it is detrimental to the defendant. This is why he needs professional legal advice before he speaks to the Police, especially under caution.

An inference can be drawn where the suspect .....

Fails to mention any fact which he later relies upon and which in the circumstances at the time the accused could reasonably be expected to mention.

Fails to give evidence at trial or answer any question.

Fails to account on arrest for objects, substances or marks on his person,
clothing or footwear, in his possession, or in the place where he is arrested.

Fails to account on arrest for his presence at a place.

If an inference is drawn then the jury must be directed by the court or judge as to the limitations that go with it.

There is no right to silence when the investigation is by the SFO.

 

[Swifty55]

1. Go to the Police Station.
2. You will either be arrested under "assumption" or it will indeed just be a general statement.
3. Tell them your side of the story, you have witnesses that can also state the same.
4. If the story is true, any officer or desk sergeant will notice the nonsense.
5. End of it and off to the pub you go...

If it goes to court (which I highly doubt), then seek a solicitor...

 

[Pate]

Just my 2 pence worth...

This will not end up in court the op has not had any police involvment before, even if he had kicked the car and there was cctv or other evidence which shows this then he will receive a caution.

The op has been asked in for questions, he will not be under arrest, if he gets a solicitor this will cost him, there are two ways to deal with this.

1/ Go in and have the interview (without a solicitor) as this will cost money, if the op's story is 100% true, tell the police your side of the story and the crime will be written off.

2/ Refuse to go in, be arrested then get free legal advice and again if there is no evidence and the story is 100% genuine. Again you will walk out with no further action. This option will probably involve a cell for an hour or two.

If it was me i would choose option 1

Jay

I would never be interviewed with the cops without a solicitor. Family had a terrible run in with the police basically twisting someones words round. Led to enormous stress etc. Absolute ******.

 

[Castiel]

An inference can be drawn where the suspect .....

Fails to mention any fact which he later relies upon and which in the circumstances at the time the accused could reasonably be expected to mention.

Fails to give evidence at trial or answer any question.

Fails to account on arrest for objects, substances or marks on his person,
clothing or footwear, in his possession, or in the place where he is arrested.

Fails to account on arrest for his presence at a place.

If an inference is drawn then the jury must be directed by the court or judge as to the limitations that go with it.

There is no right to silence when the investigation is by the SFO.

Which is why he would need to follow the advice of a solicitor BEFORE speaking to the police if he is suspected of or arrested for a crime.

This implies no disrespect or inference of mistrust in the Police, only that it is in his best interests to seek professional legal representation in any situation where he is accused or suspected of breaking the law and placed under caution.

 

[welshdragon]

There are two ways police can speak to you. As a voluntary attendee at a station where depending on what is said in interview you may be reported for summons (sometimes theyt do arrest following this). Or by arresting you where a decision may be made whilst in custody or you could be bailed for charging advice.

In all circumstances get a solicitor. They are free and tell the custody sergeant you want one. A lot of people come in believing they've done nowt wrong but fact of the matter is solicitors are offered for a reason, even if you haven't done anything wrong, get one.

Also, use the opportunity to explain what ahs happened. Many solicitors just tell their client to go no comment carte blanche.

 

[Scuzi]

Another point, if you can work around this without getting arrested then do what you can to follow that course. Getting into some countries, for example the USA, is more difficult if you have been arrested even if you are found completely innocent. You can't just travel under a visa waiver, you have to contact the embassy and apply for a visa before you can travel.

This may or may not impact you but it's worth considering if it will.

 

[Castiel]

Just my 2 pence worth...

This will not end up in court the op has not had any police involvment before, even if he had kicked the car and there was cctv or other evidence which shows this then he will receive a caution.

You cannot possibly know what the outcome would be. Acceptance of an official caution is an admission of guilt and will show on a CRB check.

The op has been asked in for questions, he will not be under arrest, if he gets a solicitor this will cost him, there are two ways to deal with this.

He has been asked to attend interview in regard to a crime. He will be placed under caution when he arrives in all likelihood, almost certainly if he is suspected of committing the crime. He will be arrested, fingerprinted and a DNA swab taken.

1/ Go in and have the interview (without a solicitor) as this will cost money, if the op's story is 100% true, tell the police your side of the story and the crime will be written off.

A duty solicitor is supplied free of charge. Under no circumstances will a duty solicitor charge for his time during the time you are under arrest.

2/ Refuse to go in, be arrested then get free legal advice and again if there is no evidence and the story is 100% genuine. Again you will walk out with no further action. This option will probably involve a cell for an hour or two.

This will happen regardless of whether he is arrested at his home or whether he goes to the station. Also even if the story is 100% genuine there is no guarantee the Police or more importantly the CPS will not proceed if they feel they have a case or more likely a caution will be given which will still result in a criminal record (albeit a caution is automatically spent, it still appears in an enhanced CRB). This is why a solicitor is essential.

If it was me i would choose option 1

In my opinion that would be foolhardy.