POLICE Exploiting the Law Against You?

Police were criticised for exploiting a "loophole" in the law when interviewing suspects under caution.
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[@peacewalker7675]

And the police wonder why there is no respect for them nowadays ..

[@EgoChip]

I don't understand why people defend them. ACAB.

[@formicapple2]

Never, ever, never trust a Constable. He/she will be at least on a fishing trip or at worst on a power trip.

[@boxfullofneutral8514]

Give your head a wobble, best never ring them then

[@JD-eq4dp]

Making comments like that leads one to believe you may be "known to the police".

[@boxfullofneutral8514]

@@JD-eq4dp ha ha ya mong, never been in bother in my life you turbobenefitspaca

[@miatrue98]

They recorded people on their cameras without warning as they got in to some people's places (because a disabled person let them in) without any reasonable suspicion for anything illegal going on and even when the people in the household said that they don't consent to be recorded on their cameras they continued to abuse them by unlawfully interrogating them without detention and without arrest, when the bully cops gratified their sadistic thirst they just left. The UK is a Totalitarian police state just like China is.

[@boxfullofneutral8514]

@@miatrue98 ha ha yeah some more shite that didn’t happen

[@dodosmamma1692]

I never had an opinion about the police until around 10 years ago when my son was home from university and he heard an acquaintance of his brag about taking a car. The young man was doing some work in a client’s house and took the car key unbeknown to the owner. The young man went home then later in the evening, he asked my son if he’d give him a lift to a neighbouring village. My son and the other weren’t exactly friends but nor were they enemies. The young man told my son he was going to pick up a car and he needed a lift to get there. My son still refused. A few days later, he heard that the acquaintance had stolen the car and was still driving around in it. My son also learned that the owner was elderly and disabled and so he contacted the acquaintance and asked him to return it as it was heartless and stupid. My son was told colourfully where to go and what to do with himself. He wanted to report the incident anonymously but instead, he went in person to the police station to let them know that he knew where the lady’s car was. Imagine our horror when my son was given his rights and then taken to a police cell! They arrested him and wanted to take his fingerprints which we both knew at the time remained on police database even if no offence was committed. He refused to comply and said he wanted a lawyer…..5 hours later and in the wee small hours, a lawyer arrived. My son was released without charge but was shocked and could scarcely believe that he’d been arrested and treated like an offender. He only went to report the issue because his conscience was bothering him. A short while later we learned that all that commotion and distress could have been avoided if my son had rang the ‘Crime stoppers’ number which was free to call and anonymous. It’s made my family completely disillusioned with the police. My son had nothing to do with the stolen car, he wasn’t even a close friend of the cretin who stole it and thought he was doing the right thing. Never again.

[@nigelfrancis2514]

Lesson learned then , every copper is bent , every copper has no interest in the law , every copper is only interested in his pension . I wouldn’t urinate on a copper even if he was on fire

[@FFM0594]

Yup, I had a similar experience. FTP!

[@colinpryor4290]

When you give the power of The Hammer to Police, they treat everyone as a nail.

[@larryjohnson3325]

Crime Stoppers isn't all that either, adds a layer of privacy, but they will share all information they know with the police in various circumstances.

[@stevebhu8]

What did your son get arrested for what was the charge ?

[@chriscjjones8182]

I was arrested for building a cat run on the back of my house and held for 4 or 5 hours back in 2020, they point blank refused multiple times at the station and at the court to allow me so speak to a legal council even though I asked probably about 7 times during those hours. Guess what, they got away with it and more. But that loophole is just another reason why you should never talk to cops

[@learningpianoat61]

Absolutely! Lesson learned, eh? Neverever talk to a policeman. Their role isn't to help the public. Those days are long gone.

[@nylasharper1788]

Why? It seems rather innocuous putting up a cat run. Genuinely interested as I'm planning a "catio".

[@Mr-J...]

Very curious now. What did they charge you with?

[@kentwydell9322]

what is a cat run and how was it deemed illegal

[@suer1945]

I'll never do it again I learned my lesson well

[@thetraveller869]

Attended a police station in Wiltshire voluntarily and was cautioned. I asked to speak to a solicitor and was somewhat surprised and extremely suspicious when the access to said solicitor was via a telephone, in a telephone cubicle, right in the middle of the custody suite, in front of the desk where prisoners are booked in. I spoke to the male and was VERY concerned to find that they seemed to be on a fishing trip - much like the interviewing officer had been - and tried to put words in my mouth by making statements and asking me to agree! The outcome was no further action but it left me with a very serious feeling that policing in the U.K. has been corrupted. I no longer trust any of them.

[@colinpryor4290]

Duty Solicitors are not worth the air they breathe. Sounds to me like they wanted your chat with the 'solicitor' recorded to allow them access to client confidential information. Never attend Voluntary Interviews. If arrested, always demand that Police contact your own Solicitor. Oh, and never trust Police.

[@philflip1963]

Utterly believable! (Are you black)?

[@thetraveller869]

@@philflip1963 Actually no - I am white British Northern Irish. Maybe they thought I was a traveller... 🤣

[@Bullvengeance666]

Same. Wiltshire Police so called duty solicitor lied to me and Police blatantly tried to set me up. CPS did a good job. NFA. Tos*ers. I hate them now.

[@NinaOPerez]

The lesson is never talk to the police.

[@deborahkizer4664]

Yes I said the same tgen thought better. Said something else 🙏yes no cops unless your dead . . amen 💪

[@moehoward01]

EVER....

[@gregorydoran2777]

Never have. Never will

[@craigwatters127]

They just make it up anyway, talking from experience....

[@DarcMarc1066]

Facts💯........ Anything you say can and will be used against you !!......It's in the wording

[@peterw4338]

Female friend aged 65 years (with no convictions etc) was being interview by a police officer on the doorstep due a bogus complaint from a mad neighbour. . She refused to answer questions. The PC then pushed her to floor and handcuffed her and detained her for breach of the peace in her own home. At the police station she asked to see a solicitor and a doctor. Both requests were refused and each time she protested, the sergeant tightened the cuffs to the point she needed hospital treatment. The police of out of control and they would shame even a third world country.

[@steve6690]

None of that is likely to be true

[@peterw4338]

​@@steve6690 That is true and there is an official complaint to the police. This will be followed up by a civil claim. So far the police have lied and claimed that the body-cam video was accidently deleted on the server. However, the police have not been told that the incident was recorded on home CCTV. We just wanted to see how much the police lie. I feel very sorry for you ​ @Steve Eldredge , for be sceptical. You are the type of person who won't believe until one day it happens to you.

[@davey2363]

Utter nonsense….😂

[@keithwilliams1243]

@@steve6690 - All of that is likly to be true and very often is thanks to people like you who are gullible enough to assume the police are not criminals and liars.

[@boxfullofneutral8514]

Ha ha things that didn’t happen

[@Artbooksandboro]

I had a road traffic accident about 17 years ago. Got all checked at the roadside(no problems drink,drugs, insurance etc etc). A few weeks later I get a phone call asking if I can come down to the station for a informal chat just to get some more info. Being 20 years and never having any bother or dealings with the police I didn't think anything of it and took them at there word. Got to the station and they took me into an interview room and said they needed to read me my rights as a formality being a naïve 20 year old I thought this was normal. To cut a long story short my case ended up in court and I got done for driving without due care and attention, 6 points on my license, a large fine and the knowledge to never trust the Police again.

[@philflip1963]

A Formality is just that, a formality, NOT an informal chat! It's all bullsht deceptive jargon though.

[@Treblaine]

"I need to read your rights, just as a formality" "then I will not answer any questions until have my solicitor here to advise me... just as a formality"

[@kw12784]

Being read your rights is a formality. The fact that you didn't understand your rights and answered questions is entirely your fault

[@peterlabiak1051]

Never, ever, under any circumstances talk to Police, EVER! There is absolutely nothing to be gained from it apart from the risk of getting in trouble with the law.

[@manofkentcatapultsgunsando5069]

Excellent, you are of course 100 percent correct, sad but true

[@stuartbrown8259]

Plus no such thing as a friendly chat, they use that quite a lot. As you say, never ever speak to them.

[@DJWESG1]

How would they hear you when you called them nazis if you don't speak?

[@davidspear9790]

@@stuartbrown8259 Absolutely. A friendly chat is just that. A chat between friends. The only friends police have are other police.

[@peterlabiak1051]

@Non-Stick Pan honesty & decency, not to mention "wanting to do right" is exactly what is missing from the most of the police force hence why literary every legal advisor worth their salt will tell you not to talk to them apart from giving them the legally required information when appropriate. There is plenty of videos on you tube providing very good examples where people speaking to the police trying to help, being decent etc. G having nothing to do with any wrong doing ended up arrested and in court because they said something which was used against them. Talking to the Police NEVER helped ANYBODY, ever. Simple facts.

[@harold6863]

You can’t trust them. They called me for a voluntary interview which sounded like tea and biscuits. They made no recommendations for me to take a soliciter or I was entitled to one. Fortunately I checked up. They were pissed when I turned up with a soliciter. Case dropped in couple of weeks. Without a soliciter I would have been set up.

[@Indigenous51]

Who paid the solicitor for waiting yours and his time ? The 🤬🐽s !

[@matthewsmith2787]

I remember going for a voluntary interview and the police were very friendly laughing and even offered me a cup of tea, but I was cool with them. Fortunately nothing came of it

[@harold6863]

@@Indigenous51 nothing came of it and the Soliciter was paid by I guess us the tax payers. They never let on I was entitled to a free Soliciter. totally set me up.

[@harold6863]

@@matthewsmith2787 nice one mate. Best advice is say as little as possible. They are bent a fuck nowadays picking on war veterans for tweets whilst dancing with gay people instead are catching burglars.

[@Indigenous51]

@@harold6863 Glad to hear it. The more I hear of their antics the more I despise them.

[@bobeyes3284]

It's simple. Never ever tell the Police a thing. You have a right to silence and saying anything will hurt you. This way they have to bring in a lawyer.

[@streaky81]

Adverse inference. This is why a good quality solicitor should be on the menu when you're on the hook for anything - even if you have to sell your house or your body to pay for it.

[@steve6690]

Poor advice. It depends on the circumstances. Always, always, always get legal advice before you say anything to the police, if suspected of an offence. Then go from there

[@davidjones8651]

Too many scrotes on here

[@legion162]

I was at a voluntary interview with the police, it was explained to me that it was voluntary and I was free to leave at any point, I asked what would happen if I left, they told me I'd be arrested and interviewed anyway.

[@MKHNitro]

Then get up and leave - if they then arrest you that may be an unlawful arrest but in any case you will then get your right to free legal advice

[@legion162]

@@MKHNitro already had legal representation at the voluntary interview, there was clear video evidence of me being naughty, so no chance of wrongful arrest. The voluntary interview was at a time and place of my pleasure, rather than warrant out for my arrest, getting pulled by the police, locked up at a station I believe 20 miles away from where I live with no transport home, so voluntary interview was the lesser of 2 evils.

[@bobeyes3284]

Should have never gone in the first place. Why make their life easier?

[@legion162]

@@bobeyes3284 made my life easier, either go to the police with solicitor on my terms, or have a warrant for my arrest issued, constantly looking over my shoulder, potentially getting arrested in the street in front of my family, being scared every time someone knocked the door in case it was the police. I was big enough to commit the offence, had to be big enough to answer for it. Plus it was a relatively low level offence, so dealt with it sooner rather than later.

[@OncleM]

@@legion162 You are an idiot. How are you going to be "arrested in the street" - do all the police know you personally and can recognise you in the street? You can only be arrested if you give your name. Police don't bother with warrants to kick your door down unless they know you are home, so if you have a visible CCTV camera above your door, and there is no sign of life within, (blinds down, lights off etc) they won't kick your door down because they must have evidence you are within, and you have just recorded them on your CCTV which has audio discussing how there is no-one home.

[@Faradiddle]

a Police Uniform and Queens Warrant does not mean the wearer or holder of either is any more Trustworthy, Honest, Moral or Law Abiding than Anyone else...be on your Guard when dealing with them.

[@EdMcF1]

Try the 'Police Abusing Powers' channel on YT.

[@Mr-J...]

Yes, quite the opposite of honesty. They are taught to lie to get you to try and get you to admit things and to dig for other potential offences that have nothing to do with their initial enquiry.

[@takeapictureitlllastlonger5768]

Be extra vgilant when dealing with the tyranny of government and anybody bearing the queens coat of arms

[@denise4487]

Exactly !

[@mrnobody4771]

@@Mr-J... Absolutely. This way they pile up your charge sheet and just hope one will stick. Utter utter pieces of scum.

[@cookiemonster2299]

I saw on the news today how the police have given an appology for a man who was wrongly convicted and hanged 70 years ago. Police haven't changed for the worse, we just have a better understanding of them now.

[@bobl.1044]

I bet that wrongly convicted man was jumping for joy on hearing that apology! Isn't wrongfully killing someone usually called "murder? But I bet none of the officers involved faced the slightest of repercussions and probably were going to sleep every day grinning like Cheshire cats.

[@robertsimkin3949]

I dont know how you could possibly compare the police to 70 years ago unless your in your 80s today but as a child 😊growing up in the 1970s id say at least you knew where you stood with them you wouldnt today and whats more they are not doing the job they are paid to do

[@gettingbettereveryday350]

hello brother!

[@cookiemonster2299]

@@gettingbettereveryday350 have you got any chocolate digestives or custard creams? 😁👍

[@gettingbettereveryday350]

@@cookiemonster2299 I'm sorry I ate them all!

[@caffreysgsarider8531]

My ex-partner (who is an alcoholic) maliciously accused me of assault calling the police. I was handcuffed put in a police van and taken to the local station, interviewed under caution held for 4 hours only to be told that after interviewing my ex they ascertained she was lying. During my detention I was DNA swabbed and printed, my question is can I request that these things be destroyed? Any advice would be greatly appreciated Daniel.

[@mikew608]

not sure if you can request it, what's more concerning will they actually do it the police have never been so untrustworthy.

[@itchyballsack6627]

Those records are on file for life. You have no right to request for them to be destroyed. In their eyes you were suspected of a crime so you must give prints, dna etc. Protocol unfortunately...

[@garsimmulholland4984]

I’ve been a guest frequently of the police. You can write to the Police and get them to destroy all dna, pics and prints - copy in the Chief Constable of the area it works and if you get any pushback speak to your MP.

[@DJWESG1]

Yes. But they keep secret copies anyway. This is a fascist dictatorship bow. They utilises data in a similar way to hunt ppl / groups down and section them out of society or impose attrition on them. If you didn't commit a crime they they have limited time they can keep it.

[@jacko717]

You solicitor should request it's destruction. This happened to me many years ago (interviewed but no charges brought.) Some ten years later I was interviewed again for a separate incident and they still had my DNA and fingerprints. So yes, you or your solicitor can ask, whether they do it or not is entirely up for discussion.

[@markjust86]

Never talk to police without a solicitor present ever!! And think seriously about talking to them with a solicitor present.

[@freqeist]

yes the Right to remain silent starts as soon as they stop you...say nothing, at all until brief arrives,

[@J0nny61]

Thank you Daniel, that's great information. 25 years ago I went for a voluntary interview and gave them nothing. I didn't understand my rights back then but could see how the interview was trying to incriminate me, for something they had no evidence for. The police ended up looking stupid in court and I got a small fine. This was a driving offence and nothing more serious, but it opened my eyes.

[@sapmmer]

" for something they had no evidence for. " "The police ended up looking stupid in court and I got a small fine." So... you went to court, the Police had no evidence, and you still got fined?

[@bobthebarsteward]

I attended a voluntary interview in the capacity as a 'responsible adult' with a minor accused of one offence, the duty solicitor sat there looking bored while the police latched on to part of the story unrelated to the alleged offence and pressed the kid to self incriminate over some alcohol which was mentioned, I had to intervene, at which point the solicitor perked up and told them to get back to the original reason for the interview. I got the feeling that if they weren't going to get him for one thing (which he was found to be totally in the clear about) then they'd have him for another.

[@miatrue98]

That is what the criminal police does - they incriminate and arrest people to gratify themselves to get brownie points and they are probably incentivised to arrest for bonuses per arrest.

[@colinpryor4290]

This is the very nature of the Voluntary Interview. If they have evidence, you MUST be arrested. If they have reasonable suspicion, you CAN be detained. Them making a VI request strongly suggests that they have nothing except a vague notion, so they hope that during the VI you will self-incriminate and preferably when there is no solicitor present. A bit like Turkeys voting for Christmas. Never trust the Police. Never talk to the Police. Always film the Police.

[@miatrue98]

@@colinpryor4290 yes, always FILM the police

[@trueriver1950]

@@miatrue98 (no relation!) on the streets yes. In a police interview in a police station you can ask for a video recorded interview, but the police can refuse. All they have to record is the audio.

[@leeanness4846]

Should you lawyer up you are immediately consenting to been a corporation which is property of the bank. A judge is defined in a law dictionary as a banker .... How do you think it's going to go for you???? You've lost simply by believing your protecting yourself. The system is rigged in their favour at your detriment. But because 99% of people don't have a clue they keep getting away with it. Learn the difference between lawful and legal it will empower you

[@PINACI]

This won't stop them from abusing the closed loophole.

[@colinpryor4290]

Surely you mean "This won't stop them from abusing"?

[@dalewollaston6665]

I was told by my lawyer at the time that I had done the right thing by getting a private lawyer on standby. The lawyer told me that “you NEVER let the police allocate you a duty solicitor, they have been known to work with the police by giving bad advice and not sharing full information with their client”.

[@Voivi]

Unfortunately, it's well known to the police and public, that not all duty solicitors appear to act truly independent of police influence. Many legal 'advisers' are also ex police officers, some of whom may retain a close connection with their former police colleagues, which may not be in the best interest of clients.

[@bobl.1044]

Once a cop: always a cop.

[@trueriver1950]

Yeah! Always choose a solicitor, don't let the police choose one for you. If you were not anticipating the possibility of arrest, then one of the rights under the PACE codes is to look at a list of local solicitors. It can be quite a big book. Picking a firm at random gives you better odds than letting the police choose. If you are doing something where you know arrest is a possibility (like a protest these days, or you are frankly bang at it in some crooked trade) then you likely know which solicitors you would use. Protesters often have the details of their solicitor written on their arm in case the police confiscate their phone and won't let them have access to it in order to look up their solicitors details (another dirty trick the police use). In fairness if you do know even the name of a firm you want to use, the police will trace them for you.

[@trueriver1950]

Further to that, I was arrested in Barrow, Cumbria and knew the name of the firm I wanted, but totally forgot it was based in London, over 200 miles away (which we Brits consider a long distance). The cops made an honest attempt at looking for them in the North West of England. They came back with the big book of solicitors in the North West, and pointed out that the firm I wanted was not in the alphabetical list: could I please pick one I liked the look of? By then I was to tired to think straight and said that in that case I want Dave Xxxxxx of Xxxxxxx solicitors in Manchester. They said that they'd contact him but did I realise that it was early hours of the morning already and it would take him a while to get here? So I replied saying did they realise I was already unfit to interview due to tiredness. (Another PACE codes thing) and suggested they let me sleep now and get Dave over in the morning, to which they agreed: probably because it was a good excuse for them to move the problem onto officers on another shift! My request was written into the custody log so that those officers did not get in trouble for unreasonable delay. If you know your rights you can use them to advantage, especially when you can figure out a request that also makes life easier for the actual cop in front of you at the time This is very much dependant on local law and police practice: I doubt it would be a good move in the US for example (readers from there might want to comment)

[@edeledeledel5490]

@@trueriver1950 My understanding is that if you have ANY photos on your phone, then the police may not confiscate it without a court order.

[@shokdj1]

The police come to the house to question my brother he was getting frustrated telling them he wasn’t involved. They asked him to step out the door and then as soon as he said a swear word they arrested him for swearing in public lol

[@shokdj1]

@@stepbackandthink it was ages ago to be fair

[@trooperthatsall5250]

I was involved in a minor accident that a third party ended in hospital, this person in brief was drunk and walked into a cycle lane and ended up with broken bones. Anyway, this person was picked up by ambulance and an attending constable took my details and I went about my business. Around 6 weeks later I had two constables attend my house, unannounced and asked if they could discuss the incident all friendly, I refused straight away. I was then told it was in my interest as it would help clear up a few things, again I refused and said directly to them that I was not going to given any statement and that I would like them to leave my property now. I was called three times to compel me to come in and make a statement, I refused all these, but they did give away that the poor person is still in hospital and will be in there because of the injuries I had caused them. My response was to tell them if you have enough evidence as you state to arrest me for a crime you suspect me of, please do so and I will deal with it, there is no way I will come in to make any statement to incriminate myself for anyone. The Police are not your friends ~Trooper

[@JammyDodger45]

You are my new favourite poster. You did everything absolutely right. Well done.

[@DarrylHart]

Well done Trooper that's exactly how to deal with them.

[@andrewwhite3793]

A friend was pulled in by the police . They told her she would not require free legal advise as it was only a chat about an altercation she had with another woman. Nothing physical happened and she said it was basically a shouting match. At the end the charged her with racial abuse. She was blown away as she said this just did not happen.

[@notmenotme614]

From my experience, the police will casually avoid giving you a solicitor and will play it down, or pretend not to hear you, or delay it, if you were to mention getting a solicitor without really pressing the point. They’ll carry on the interview without one. You: “I want a solicitor” Police: “You don’t need one in Scotland (fake smile pretending to be your friend). Anyway back to the questions.… “ In retrospect, you should refuse to carry on with the interview at that point. And the police will keep you there well over the 8 hour limit.

[@telsclarke8130]

NOTHING WILL CHANGE ...unless, you ALL finally decide to stand up to them!

[@suer1945]

I had a mh crisis that effected my everyday function .. I had MH professionals state this to the police and they said to me I'd just get a caution and that would be nothing .. they lied a caution ment even when I got better I could not do my job working with EMI patients for 15yrs .. 15yrs!!!!! Kinda kick in the shins since u took away my reason to get better.. in my mental state I didnt know I would need a solicitor as they said it would be nothing on record

[@TheDoctorFlay]

My guess, the police use "helping with enquires" as the loophole to avoid arresting you until they have no choice.

[@trueriver1950]

Sometimes, yes. But usually "helping with enquiries" is something the cops say to other people, not to the detained person. The real point of the phrase is so that a grass's former colleagues can't guess whether they are being held against their will or are there voluntarily to turn Queen's Evidence. The police can't pretend someone has been arrested when they haven't; but they have no duty to tell the public that someone has been arrested.

[@TheDoctorFlay]

​@@trueriver1950 Once arrested the clock starts ticking and they have a limited amount of time to process and charge you if needed, so they invite you to help with enquiries for as long as possible before arrest.

[@trueriver1950]

@@TheDoctorFlay almost correct. The PACE clock doesn't start ticking till the custody sargeant books you in. They are not supposed to delay unnecessarily, but "unnecessarily" can be a flexible concept. After arrest at a protest they like to fill each can before it goes back to base, and I've been held for well over an hour after arrest and before the van starts moving. Not nice if you need a pee. But your main point is correct: the longer they can talk informally the more time is left on the PACE clock. That's also why they like to release people "under investigation" providing they are satisfied the detained person will not be offend or skip. The PACE clock stops from the moment you are booked our till the moment you are booked back in. Again, if they keep you waiting for half an hour before they let you hand yourself in, then that half hour is not taken off the clock. That's an odd one because they don't treat you as being late (so you must have been there) and they don't treat you as being present for the purposes of the clock (so you went there after all).

[@braindeadkeira2801]

In 2021 I was illegally detained by 8 officers from Surrey police for walking down a public footpath (a regular footpath (not one of those contested public right of way type of footpaths). Once I reached the boundary for the Thames Valley force they kettled me and threatened to arrest me for breach of the peace. All I was doing was walking home. I was under no suspicion of committing a crime at any point prior. I simply didn’t wish to engage in conversation or verify my identity. Naughty Surrey police

[@trucker9462]

Complete lie

[@adolfshitler]

@@trucker9462 There's nothing like being presumed guilty untill proven innocent, is there Trucker 😉

[@jpe115]

@@trucker9462 watch a few "auditor " videos to see how the police act, the older ones are better as the cops are a bit more video savy now

[@colinpryor4290]

Not naughty. Surely you meant 'criminal'?

[@mattwoodproperty]

Can I ask, what happens to someone , arrested, if they dont disclose their identity , have id or have previous….. how long, what is the procedure, is this covered in pace?

[@cookiemonster2299]

Brilliant video 👍❤️, of course this raises a bigger question, why on earth would police constables even want to exploit a legal loophole and interview somebody without legal advice? The answer to that question would tell you everything you need to know about our perceived rights when dealing with police. 👍🇬🇧❤️

[@trueriver1950]

Actually, although I am not a fan of the police, I think in a great many cases the cops are given to much to do and it's the fear of the dreaded paper work and the time didn't waiting for solicitors that turns their heads more than to for someone up Doesn't mean it's right, of course, but it is understandable

[@maxinethirlwall8953]

I attended a voluntary interview and when i got there they arrested be then executed a fruitless search warrant in my home. Very nasty Thames Valley Police.

[@kt5661]

Strange. Once you're arrested they can search your home without a warrant.

[@maxinethirlwall8953]

@@kt5661 it may have been that. I just didn't expect an arrest and search of my home.

[@kendorney8721]

Always invoke your right to silence and remember magistrates police and solicitors all drink in the same places. Also for information a Crown Court Judge has already warned police for abusing this right so am looking forward to the next time this happens. Police will only interview you if they don't have the evidence to charge you. Hope this helps.

[@reachandler3655]

You're forgetting they also interview victims of, and witnesses to crimes; not just suspects.

[@geordiewishart1683]

Ken, you are mistaken.

[@trueriver1950]

I would slightly amend that advice. Always invoke your right to silence until advised otherwise by a solicitor who you trust and who you trust. It's important to know that there are cases where it's in your interest to talk, and though your solicitor can't tell you what to say they can and do advise about what subject areas you need to cover when they advise you to talk. The obvious examples is where you have evidence that will swiftly prove to the police that the complaint is false. But however much you think that's obvious, still run it by your solicitor in private before telling them.

[@markpaul1154]

Silence is the key to freedom. You can refuse to be interviewed as well.

[@DavidSmith-zd2iv]

That's not how it works. Remaining silent won't equate to no trial. It just speeds one up

[@matthewsmith2787]

Only keep silent if the solicitor advises you too

[@notmenotme614]

@@DavidSmith-zd2iv you have nothing to prove and are innocent by default. The burden of proof is on the prosecution

[@DavidSmith-zd2iv]

@@notmenotme614 Yes, but you are in a trial, with evidence against you. A lawyer can only argue to a reasonable degree to that evidence against their client. There's very little that they can argue, when the prosecution has DNA, at the scene against you. Or CCTV footage. If it's circumstantial evidence then you have a bit more leeway

[@markpaul1154]

@@matthewsmith2787 Obviously never had a police apointed legal advisor advise you . They will tell you to admit it

[@stesrad]

It's really simple never talk to the police at their request on a voluntary basis.... If you have no choice but to talk to the police never do it without legal representation...

[@iamrocketray]

absolutely correct, And if they knock on your door "making enquiries" NEVER, NEVER, NEVER, let them in without a Warrant. At which point they usually say "What have you got to hide" your reply "Nothing, so have you got a warrant"

[@xvsupremacy7190]

@@iamrocketray And even then you must check it is a Legal Warrant anyway, because police are infamous for Joshing .

[@mickymondo7463]

If you give a voluntary interview then you have not been arrested, so will not be eligible for free legal advice. This is why it is advisable to refuse interview unless under arrest. As for voluntary interviews, it is not really advisable to agree to one.

[@ruledtrendy5066]

Unless things have changed very recently that's not correct

[@dorothygale1104]

Even if you are under arrest, one still shouldn’t say a word to the police. In the US, police have to inform anybody they arrest with what are known as one’s Miranda Rights, which are read to the person being arested at the time of arrest and are as follows: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time.”

[@crimejunkie1]

@@dorothygale1104 It's called 'The right to silence' in the UK. police here also have to inform anyone arrested of that right.

[@dorothygale1104]

@@crimejunkie1 Thanks.

[@OncleM]

"If you fail to give information WHEN QUESTIONED that you later rely on in court" Don't get questioned, no adverse inference. Simple. NEVER go to a voluntary interview.

[@dhutchy77]

The health and safety executive do the same thing interviewing at work places under caution - I have a simple rule at work If I am under caution I’m not saying anything at all without my own legal advice unless I have a letter stating I am a witness not a suspect!

[@change2023now]

This is the level of information expected from a barrister. Great video, please focus on this type of in-depth analysis in future. Thumbs up from me

[@terri200]

Thank you for all of the information that you share!! Have tried a couple of your wife's recipes and they came out great!! Thank her, also!!

[@Jon6429]

What happens if you say "No, I do not understand my rights"

[@learningpianoat61]

This information should be taught in schools. It's absolutely vital that everyone is protected from the police in this country. But rule number one that every child (and adult) MUST KNOW is NEVER EVER EVER talk to the police under any circumstatnces. This gang isn't getting paid to help you. They aren't your mates and they don't solve many crimes, either. They are the civil defence force in charge of controlling the public. If you speak to the police you're just hammering their nails into your coffin. JUST DON'T!

[@OncleM]

And they do tend to rape a lot of people who ask for their help or otherwise trust them not to be sadistic and depraved subhuman scum.

[@Number6_]

Schools only exist to keep children off the streets during business hours.

[@DavidSmith-zd2iv]

Everyone is told before being interrogated about their rights. Why on earth do we need this taught and repeated 😂 This is not why people talk. They understand their rights, they just make a conscious choice to not exercise them

[@Spangletiger]

You're right. This really should be taught in schools, and not just to pupils but to form part of staff training as well, so that they can protect pupils against abuse. I remember signing a petition demanding that police conduct be looked into after police officers carried out an intimate strip search a pupil without a parent or member of school staff present. To add to the trauma that the pupil experienced, she was having her period at the time. How the hell does a child recover from that? The Children's Commissioner for England has published a report on the number of children being strip searched; between 2018 and 2020, 650 pupils between the ages of 10 and 15 were subjected to strip searches, a quarter of whom were subjected to an intimate search. Figures for each year showed the number of searches to be rising and, that's just a 'snap shot' of 3 years, and just for England, not the whole of the UK.

[@colinpryor4290]

​@@Spangletiger Just another dirty secret of UK Plod. In Scotland, their 'unofficial and unrecorded' stop/searches of thousands of children has run for years with the say so of senior Police commanders. It took whistleblowers and FOIA to reveal those crimes.

[@hevchip741]

Interesting. The solicitor that was offered to my son did an amazing job, he worked really well with us and the result was the best anyone could ask for. Just because a solicitor/lawyer is allocated to you , doesn't mean you get second rate legal advice.

[@OncleM]

How do you know? You are not professionally competent to judge whether or not solicitor was "the best anyone could ask for". Most duty solicitors are on the police's side, and want to stay on their side for more work in the future. Same with courts.

[@hevchip741]

@@OncleM how would you know, have you had to use most of the solicitors allocated by the police? Besides, I said the 'RESULT' was the best anyone could ask for. Please read and comprehend what has been written, also, you know nothing of my competence.

[@OncleM]

@@hevchip741 Yes, I have used duty solicitors, paid for my own, and done police interviews without them too. The "result" which is the best anyone could ask for is that you sue the police, they apologise and pay you compensation with exemplary and aggravated damages. How would you know if the solicitor had done a good job - you aren't professionally competent to judge - you are a layman repeating what you have been told by a solicitor uncritically.

[@hevchip741]

@@OncleM I go by the results and my own expertise working with the solicitor, two heads are better than one

[@matthewsmith2787]

Nobody knows how good they are, but if they can keep you out of jail or even avoid the case going to court then they have done a good job

[@adrianlivesey4375]

Blimey, I was caught by this in 1989, the interview took place at home and the "words" were even used in the court case (dangerous driving), at no point had I been cautioned or even told I was having an official questioning. The officer in question even miss quoted me from that "interview" and even though my Father stood up in court and said he incorrectly quoted me it was still used and admitted as evidence, unsurprisingly I lost and even with scant evidence was prosecuted because he said that I was aware of the event of the evening when it happen, which was not what I said at the time, it is a long time ago and I have moved on, but good to know now procedure was not followed and there probably should never have been a case to answer to.

[@fLaMePr0oF]

Nice to see you plugging Ziangs, have followed their channel for a while and drastically reduced my purchasing of take-aways as a result!

[@manofkentcatapultsgunsando5069]

I've been watching this channel since it started and I have come to the conclusion that BBB does not have much time for the police either 🍺

[@marimurphy3856]

To much corruption going on all over.😡

[@fergusdangerfield156]

Thanx daniel, excellent info. It shows the importance of realising that law and legislation is dependant on the understanding and correct use of language!!

[@robchissy]

about 20 years ago i was involved in an accident where i hit a child (about 12 years old) with my car, he ran out without looking right in front of me, a few days later i was interviewed under caution at work about the accident, no solicitor was offered to me and i was not under arrest as i was not at fault and the police had my car fully checked over (no faults found), i was then absolved from any and all blame. even though it was a long time ago, i still wonder what happened to that kid, if he is still alive then he'll be in his 30's now

[@arthurdaly3497]

PACE habitually allows the police to ignore the rules about not having to ID yourself

[@geordiewishart1683]

I don't think you really understand

[@TanjoGalbi]

Well done, tell us about a nasty loophole after it's been closed! 😆

[@queenofreallifeexperiences8252]

After being stiched up by a solicitor who did not present a witness statement deliberately and cop who was hellbent on a conviction resulted in a criminal record. When I witnessed an incident and the cops asked if I would make a statement I laughed in there face and politely said No then walked off.

[@contessa.adella]

Enter the police station to be helpful and civic minded…half an hour later you’ve self incriminated, given a loose verbal confession on tape, and been formally arrested on circumstantial evidence. Once they have got you, even if provably innocent, it can be a nerve wracking ordeal to struggle free of the legal bureaucracy…. Fantastic!

[@tehs3raph1m]

If you attend the police station for a *voluntary* interview, you can, at any time, end the interview and leave again. Unless of course, they wish to arrest you.

[@ivormectin.3046]

Lesson learnt thank you.. never ever ever, talk to the police without a solicitor..

[@LightDiodeNeal]

Another great info filled episode. Again I wish I'd seen this before a certain event... Cheers BBB, nice one

[@carlgreene538]

The trouble is when arrested and taken into custody the police often refuse to give you a free phone call,a solicitor or a receipt for the goods they have seized and there's nothing you can do about it.

[@DrMildayan]

Thank you, concise and useful as always. On an unrelated subject, could you please comment on the banks changing their contracts to, as suggest by some, withhold our money and limit amount allowable in an account. Is this just people misunderstanding or if correct, how is legal?

[@andrewalexander1086]

Love your very informative videos, looking for a new business venture may open a law office and employ newly qualified solicitors / Barristers

[@merlinbooper6756]

I once fell for the friendly police chat, ended up in court on a stich up. Long before KZbin... Wish I could get my 'fine' back the the lying **** done.

[@simonrook5743]

I already know it, entitled to legal advice at the nick but not if they are ‘kind enough’ to interview you at home.

[@elusive62]

When I was arrested and had an interviewed (which ended in receiving a caution), they very clearly stated I had right to free legal advice by a solicitor and I accepted, but I was held for approximately 14 hours because the police from another station roughly about 16 miles away had to travel to me to interview me. I would love to know if this is an acceptable amount of time they can hold me just for an interview, which effected my work the following day.

[@thealmightysponge]

Considering you accepted a caution and therefore admitted guilt in the offence you were arrested for then yes. You can be held for up to 24 hours, most get out a lot sooner however.

[@elusive62]

@@thealmightysponge I received a caution after being released, i was just held until i could be interviewed. Idk if that changes anything. it was genuinely 14 hours waiting for the interview and then cautioned then let go. a right pisstake for something not serious.

[@thealmightysponge]

@@elusive62 I can understand your frustration if it was something not serious. Still within the rights to hold you for up to 24 hours though, especially since you had commited the crime.

[@leecromer3289]

@@thealmightysponge yes but your detention has to be reviewed after the first 6 hours then 9 hours…

[@Bullvengeance666]

​@thealmightysponge you aren't admitting guilt if you are cautioned.

[@paulmcitp]

I believe if you attend a voluntary interview and then are later arrested and given a formal interview at which point you answer no comment. Then a court can now infer guilt to you not answering questions based on the fact that you had the voluntary interview so you were now aware of the line of questioning that was going to be asked I think it should have been made clear in this video to NEVER accept a voluntary interview.

[@geordiewishart1683]

You are mistaken. An interview conducted with a suspect who was not arrested has the exact same weight as a suspect interview conducted with an arrested person.

[@hopelessatusernames]

Pre interview briefing will also indicate the "line of questioning", even if it's light on the detail

[@PeterFalconII]

Wasn't allowed to speak to a solicitor after wrongful arrest asked for over 6 hours and then attempted suicide and they still refused a solicitor until just before interview the next morning

[@ukdnbmarsh]

really happy that you mentioned Ziangs, one of my fave channels

[@lozunicorn7831]

You're free to leave at any time, but they can arrest you when you choose to exercise that right. Personally, I believe the right to free legal advice if detained is one of the most important rights we have and is something we need to make sure is protected. My thanks as ever BBB 🦄

[@OncleM]

It's not - it's a total waste of time these days. Police will try to withhold the transcript of your interview if it is detrimental to them, and you will have to pay your solicitor to apply for specific disclosure orders, which the police will contest, requiring a hearing, meaning further costs for you...... Duty solicitors are... guess what - the lowest of the low, entirely dependent for their income on being on the list of solicitors the police can call for the unrepresented. And they will be on the police's side all the way to the trial.

[@Thurgosh_OG]

@@OncleM Only in your experience; judging from your comments to others on this page.

[@lozunicorn7831]

@@OncleM They have to supply all the evidence including the tapes from the interview to your solicitor ... in fact, you have the option to be given a copy of any tapes yourself which is made available at the end of the interview on a form you have to sign. It sounds to me as though you have either been lied to by someone, or been given really shoddy advice at a police station - and remember your solicitor isn't there to take sides, they are there to make sure the law is being adhered to and to help you bring the best defence available which includes not incriminating or perjuring yourself.

[@trueriver1950]

If they do arrest in response to a request to leave then they are acting against PACE, which clearly states that the caution and arrest must be given as soon as the police have enough evidence for an arrest. If they didn't arrest you just before you all to leave then do so just after, then they either delayed arrest improperly or arrested you improperly. I'm not saying it doesn't happen, it clearly does and quite often too: that didn't make it lawful

[@edeledeledel5490]

@@Thurgosh_OG And my experience.

[@paulleyland]

is this same for HMCE? i was interview by them and was told i was not entitled to free advice!

[@chrishartley1210]

Simply answer after every question: "I will not answer your questions until I have legal advice, and since I cannot afford that advice I will not be answering your questions". This prevents them from drawing any inference, such as "being uncooperative", from your refusal to answer.

[@user-et4zp4lr7t]

Minimum age for criminal liability used to be 8 until 2010! The word that counts is ‘arrested’ many years ago I attended the police to chat. They wanted voluntary I said ‘cheerio’ I was immediately arrested! Pissed they right off!

[@anneniliam3911]

If ever interviewed under caution you have the right to remain silent no matter where this is done. I have been interviewed under caution at home once and my response was "I decline to answer until in the presence of a solicitor. I state this In view of previous police misuse of evidence as in the case of Paddy Hill, and others. I decline to answer until such time as I have been afforded a confidential meeting with my solicitor and they are present."

[@cms18051955]

Very informative and thank you. Would it be possible to make this a regular part of your channel. I’m an old lady of 67 so hopefully will never need this but you never know. I’m sure the bad guys know all the spiel but average joe may benefit x

[@mimmamarg5394]

My dear, you are NOT an “old lady” at your age! I am considerably older than you and my friend in another State calls me “the young’un” as she says she has that right, being 95yrs old, still with “all her marbles” (her quotes), as she stares so I tend to agree with her - certainly won’t cross the dear soul. Anyway, I digress! Sorry. I meant to agree with you in asking our sweet Blackbelt Barrister to please continue - if he can - giving us more advice along these lines.

[@GeorgiePotter]

Thank you for this. I totally do not trust the Police after the experience I have had with them. Nearly two years ago an elderly relative of mine was accused of something he did not do, he was arrested and left in a Police holding cell for three days and not even let out for fresh air, no further action was taken re the alleged incident as it didn't happen but my relative had been put through all that for nothing, THREE days in a holding cell? Surely this can't be proper. The Solicitor involved was totally useless, he didn't challenge or question the custody, he did nothing., I'm wondering if Police used a Loop Hole to get away with what they did. These videos are a Godsend and so informative.

[@OncleM]

Did your relative sue? Such an easy £10K for one letter before claim, it would be stupid if they didn't.

[@midlandt4249]

Thought the law was 24 hours or charge you, or they had to apply for an extension but they had to have almost certain conviction grounds for that??

[@outlaw6421]

Don't they have to apply to courts to keep you over 24 hrs for a Extention??

[@outlaw6421]

24 hours ,they can apply for longer if for instance a serious indictable offence,ie murder

[@matthewsmith2787]

Without knowing the allegations, it’s hard to judge what happened. Normally they can’t keep you any longer than 24 hours

[@dancoulson6579]

Good call on the shoutout for ziangs. I bought their book a year ago, and it's amazing. What I like most i that they're not scared to use MSG... It really makes a massive difference to the egg fried rice.

[@johnvienta7622]

As others have mentioned the key is simply to never speak to the Police regardless of the nature of the inquiry or allegation. A close friend of mine was facing more than 10 years in prison due to completely false allegations and due to incompetent Police (in Australia) who were more interested in a conviction leading to promotions my friend was charged. One of the things that assisted them was that we had previously discussed the right not to answer or to assist Police in an investigation.... One of the biggest problems that a person has in circumstances where they actually know nothing about the allegations is that if they talk, they are trying to explain something that has never happened and they end up getting tied in knots..... On a side issue it seems that the Police are quite reluctant to state the Judge's Rules when performing an investigation, possibly as it contains the warning about not answering questions.

[@amandall3633]

I had a Sargent, and an officer turn up ,after giving an interview at the police station , after we reported harassment from a neighbour. We were told, a harassment notification would be given, however a nice community officer came the following morning, and stated that she didn't have that authority , she was just going to ask them to keep away ,from us, and that included my children. I rang the station, and complained, not with regards to the Community pcso, but I'd spent 2hrs with my husband giving a statement The Sargent was intimidating, however as he left,i said "So we wasted our time, at the police station", and I knew then, he had no idea what had happened. I then sat and wrote a letter, addressed to him, and that afternoon, we received an apology. Being an ex policeman's wife, I know my rights however, we would only do it, with a solicitor present in the future. Thankfully the family were evicted. But he wouldn't have set foot over my doorstep,if I'd been aware of how verbally aggressive he was going to be. A copy of my letter,went to my solicitors too. Hindsight is a great thing, and Thankyou for your advice 😊 💕

[@colinpryor4290]

Isn't it amazing why so many ex-Police spouse and partners know so much about the intricacies and practices of law and how to succesfully negotiate Police? Must be because every cop eventually tells their spouse or partner the Facts of Strife.

[@amandall3633]

@@colinpryor4290 I think you'll find that a lot don't. I am not nieve, as I to applied to the police, then changed my mind , mid way through, and went into nursing instead. What a ridiculous comment 🙄

[@amandall3633]

@@colinpryor4290 Oh, and to be more specific, he went from being a damn good husband and father , in the forces to becoming deceptive, arrogant, and manipulative, within 6 months of joining the police. They scratch each others back.

[@colinpryor4290]

@@amandall3633 My point was that so many cops tell their spouses, partners and children to never talk to the Police and how to negotiate dealing with the Police if they end up in trouble. Yet law, civil rights and how to deal with the Police are never taught in school as they should, because the Police, the government and other parties do not want you to know.

[@amandall3633]

@@colinpryor4290 I definitely agree with you here.

[@nigget-tv-videos4135]

Can you show the geezer who reckons he worked for the waterboard that can turn the water off for someone on benefit who dosent pay there bills! as they cannot, they can ask the court to allow a baliff to try and obtain the monies owed but CANNOT turn someones drinking and washing water off! thank you (BTW im not saying not paying ur bills is ok! or morally correct, im just stating the waterboard cannot tur the water off for that tenant- so i dont want they should be able to, or its wrong not to pay- only that THEY CANNOT)

[@IndaloMan]

Exactly this scenario happened to me back in 1979 when I 'failed to stop' after an RTA. About 6 weeks later a policeman knocked on my door and asked me if I would accompany him to a police station to give an interview. I declined so he asked would I tell him 'off the record' what happened. I invited him and had a chat and a couple of months later ended up in court charged with three offences. Imagine my surprise when he appeared as a witness for the prosecution quoting our conversation from his notebook! My free RAC solicitor told me to plead guilty to the two minor offences, I paid a £40 fine and got nil points on my license. Result.

[@ZygmuntKletterstein]

Prior to PACE. Different legislation then.

[@neilcampbell2222]

Doctors MUST fully cooperate with any investigation. No right to silence. It's a GMC rule.

[@johnsshed995]

At the end of the day the police should be serving the taxpayers that pay there wages rather than looking for loopholes in the legal system .

[@OncleM]

and not rape, and not kidnap, and not murder, and not cover it up and nickname the rapist "the rapist".

[@deadpeoplestuff5686]

58 (1) says; 'person held in custody in a police station' or other (car/van etc) but the police frequently interview 'suspects' on the streets or at home or other non-custodial premises; would I be right in surmising that these 'interviews' fail to mention a person's right to legal advice? and/or operate by assumption (fail to provide notice)

[@DJWESG1]

Inadmissible unless recorded either on camera or paper. On paper would need your signature in its black book.

[@Itisinthehand]

I smashed the light button and the light doesn't work. Great advice.

[@stephenmildenhall5396]

When are you going to inform everyone about how your birth certificate ties you in to all of this corporate BS....

[@alwynnehulme506]

I question ,are the solicitors at the station true and impartial ,or lean towards the police ???

[@colinpryor4290]

They're a bit like Marmite, once you have been given a Duty Solicitor you will learn and never request another one. Only the hard-of-thinking or bloody-minded would demand another go with a DS.

[@antoniopalmero4063]

NEVER talk to the police . Job done .

[@somethinglikeanonymous1773]

I guess you are known to the police.

[@snowflakemelter1172]

Can you do a video on what is and is not " causing fear, alarm and distress" ?

[@paulhancock3791]

Never talk to the police unless you are compelled to do so and never ever ever invite them into your home.

[@skysoftware4581]

No such thing as an informal conversation with the filth

[@cypeman8037]

I did 30 years service and we were encouraged to interview people at home for minor offences, I’ve done hundreds. I always had the cheat sheet used in the interview rooms in my folder, never, ever used that loophole. In fact when I arranged the interview I told the people if they required legal advice to seek it prior to the appointment. I was such a goody two shoes.

[@denise4487]

No you DID YR JOB !

[@streaky81]

Ah I love cooking Chinese-approximate food, didn't know your wife had a channel (not sure how I'd missed that tbh) but that's right up my street - which is why I'm already a subscriber to Chin & Choo and have been for a long time. New things to subscribe to is always good. Always seemed to me that if police had enough evidence they'd arrest you and charge you, the _only_ reason to talk to the police on basically any subject would be to counter the risk of adverse inference (and yeah you can direct a jury until the cows come home, but a jury is going to believe what they believe based on what they have heard and in a case of total refusal to talk to the police what they haven't heard).

[@duncanspiers8855]

Speaking as someone living in Scotland, as far as I am aware, only a person in detention or custody has the right to consult a solicitor before an interview. This point was clarified by the Supreme Court in the case of Cadder v Her Majesty's Advocate [2010] UKSC 43. This means that the law in England and that of Scotland appear to be the same - except that we have no PACE code equivalent - unless there has been a Crown Office Circular that I haven't come across.

[@ravusursi893]

Persons being voluntarily interviewed in connection with an offence have the right to consult privately with a solicitor prior to the commencement of said interview. They can choose to do so in person or by telephone. The interviewee MUST be told of this right when arranging the interview and before the interview starts. The caution for this interview is as normal but the addendum is that the person is not under arrest, is free to leave at any time and that the interviewee is entitled to legal advice, but at their own expense. Most interviews like this are/were recorded contemporaneously in the officer’s PNB, which, the interviewee is allowed to read and then sign as an accurate record of the event. I can only assume, that your reference are relating to “bent coppers” who are attempting to circumvent the law and legal procedures. There’s no place in the service for people like that!

[@Me-hv9fk]

All coppers are bent until proven otherwise.

[@ravusursi893]

@@Me-hv9fk How does such immaturity find its way into such a sensible subject! I suppose you believe all firefighters are lazy, NHS staff are negligent, the Armed Forces are politically corrupt and farmers earn too much money too…

[@peterw4338]

@@ravusursi893 You mock people who suffer and write a stupid reply deflecting real concerns. There are good police but they are a minority, the police are out of control.

[@trueriver1950]

Are you sure? Had this changed in the last few years? I've certainly had a solicitor present with me being paid by legal said when attending a police station voluntarily, most recently was maybe four years or so ago

[@mimmamarg5394]

Good evening, I don’t know if you can tell me this, but I’d appreciate it if you can. Do you know if this applies in all States of Australia? I was under the impression that a person can politely refuse to answer any questions from a police officer in Australia, the USA, England and Wales, Scotland and Northern dIreland and Eire, as well as Canada, until and unless a Solicitor (Lawyer in the USA?) is present (or must be arranged?). Is this correct?

[@jeffbezos7064]

i have had two “voluntary” police interviews both regarding drug chargers. I was 18 and living at home for the first one when the police arrived at my parents house and conducted the interview without any preface of my rights and the second one after a legitimate arrest where i took the opportunity to have a lawyer precent. He advised me, and i will do the same now, never answer the police’s question - no comment is the best comment. If you’re in for a voluntary interview the chances are they haven’t got enough evidence to prosecute so they fish for confession via leading questions. When speaking with police, remain calm, polite and silent. (p.s no criminal chargers where placed on me follow either interviews)

[@jeffbezos7064]

i do want to add, not all police are bad. On a different occasion i had missing person reports filed on me and the two officers who picked me up were the nicest people - my phone was confiscated by the police at this time and they bought me a new one (all be it a nokia brick) on the way to hospital - one of them also turned off their body cam and advised that the chance of me actually being charged with criminal offices for what occurred was incredibly low and for me not to worry too much

[@jamesheath7596]

Thanks bbb. Could you do a piece on the caution that police give, specifically where it says you are not obliged to speak but an inference may be drawn if you rely on information in court at a later date that you did not disclose previously (I’m paraphrasing here ) thanks

[@iamrocketray]

Rule number one, NEVER, NEVER, NEVER, agree to a voluntary interview. Rule number two, NEVER, NEVER ,NEVER talk to the police. Rule number three, Always get a private solicitor NEVER accept the Duty Solicitor(he is employed by the police)

[@steve6690]

Ignore all of this advice people. It's nonsense

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[@trueriver1950]

Three points here, or maybe four 1: Housing Benefit investigators and other non - police bodies sometimes offer our request an interview "under caution". Although these interviews are recorded to PACE standards (or supposedly so), the person being interviewed is not able to rely on the other rights that PACE would give in a police station. 2: once cautioned, nothing further should be said too the police other than to repeatedly say that you won't be answering any more questions until in a PACE interview, the first time you say that adding that you are willing to attend the police station at a mutually convenient time asking with your solicitor; point out that that saves the officer wasting time waiting for solicitors to arrive. 3: elsewhere in PACE there is provision for free legal advice when attending a police station voluntarily 4: if you are regarded as a vulnerable adult, or are a minor, also point that out to the police immediately after caution; and adjust 2 above to include the fact that the interview will also need the presence of an "appropriate adult".

[@rsmickeymooproductions4877]

I am of the view that talking to the police without legal advice is just plain silly these days. Police have over the years have fooled the public. Now thanks to BBB we are a little wiser on these matters..

[@MegaMidds]

'Arrested' must be the loophole The statement doesn't (imo) imply free legal advice, it just says to consult a solicitor in private

[@skysurferuk]

Voluntary? Nah. Never let them in, never talk to them.

[@iknowyourerightbut4986]

Being held in custardy. If you have gone voluntarily, you aren’t given the option of free counsel.

[@ballisticdan9135]

As always thanks for the advice.