caution

welsh wizard · 15-02-2010, 10:10

i was not offered a solicitor before an audio interview with the police they gave me a caution before the interview i was not under arrest and could leave at any time is this a breach of human rights made contact with my solicitor this morning he went nuts where do i stand

**Derek** · 15-02-2010, 10:12

In a word no. Why would it be a breach of your human rights???

You were not under arrest so they don't have to give you the rights of an arrested person.

If you were not sure about things why did you not leave as they told you you could?

welsh wizard · 15-02-2010, 10:15

thank you for that i gave them a statement but you know they would not let you leave but as you say they dont have to give me a duty solicitor so an arrested person has more rights than me wow

**Derek** · 15-02-2010, 10:18

Quote:

Originally Posted by welsh wizard

thank you for that i gave them a statement but you know they would not let you leave but as you say they dont have to give me a duty solicitor so an arrested person has more rights than me wow

They would let you leave. They might arrest you the second you step out the door but they would let you leave. And then when arrested you would have the rights any arrested person has.

The Police don't abduct people and lock them in basements, only letting them out for a sound kicking, if they refuse to talk.

**Kymmy** · 15-02-2010, 10:19

Quote:

Originally Posted by welsh wizard

thank you for that i gave them a statement but you know they would not let you leave but as you say they dont have to give me a duty solicitor so an arrested person has more rights than me wow

Only way they could have stopped you from leaving is to arrest you..

**Damien** · 15-02-2010, 10:35

It is a bit dodgy of the police to offer a caution without offering him the chance to talk to a solicitor about it isn't it? Especially if he wasn't even under arrest?

candy1567 · 15-02-2010, 10:36

Hi

The reason you were not offered a solicitor, was that u were not under arrest, u remained at the police station of ur own free will and volunteered to give a statement.

If u were cautioned before u gave the statement then under the PACE act then u had a right to consult with a solicitor.

Sorry just re-read ur post and as u were given a caution then u should have been given the option to speak with a solicitor. Wen they caution u the are making sure that u understand ur rights.

welsh wizard · 15-02-2010, 10:37

yes a very poor system just been on the phone with the police i am right i should have had a solicitor and yes if i had left i could not

**Derek** · 15-02-2010, 10:37

Quote:

Originally Posted by Damien

It is a bit dodgy of the police to offer a caution without offering him the chance to talk to a solicitor about it isn't it? Especially if he wasn't even under arrest?

Hmmm. Not sure, all my experience is under Scots law which is different to England and Wales (no arrest until ready to charge, no right to have a lawyer present when interviewed)

Certainly up here people are interviewed on a voluntary basis quite a lot of the time, its all above board and they can leave at any point if they don't like the way the questions are going.

Gary L · 15-02-2010, 10:38

You can request to see a solicitor at anytime. whether you're being interviewed under caution or have been arrested.

welsh wizard · 15-02-2010, 10:44

i was given a choice to volunter or they would arrest me what a choice i dont even know the persons name who has made the complaint nor what the complaint is

---------- Post added at 10:44 ---------- Previous post was at 10:41 ----------

thank you all i feel a bit better

**Kymmy** · 15-02-2010, 10:49

Am I right in assuming that to be cautioned a person has to admit to the offence?

**Damien** · 15-02-2010, 10:52

Quote:

Originally Posted by Kymmy

Am I right in assuming that to be cautioned a person has to admit to the offence?

I think in accepting the caution they are de-facto admitting to the offence. I don't think denying the offensive limits the ability for the police to offer the caution. Which is why I think that if they are offering the caution they should offer access to a solicitor...

**Derek** · 15-02-2010, 10:54

I'm getting confused here, I thought he was referring to the 'You do not have say anything" caution before answering questions. Not the you've done it and we need a detection so we'll give you a caution now don't do it again.

Gary L · 15-02-2010, 10:54

Quote:

Originally Posted by Kymmy

Am I right in assuming that to be cautioned a person has to admit to the offence?

I don't think he means he was given an official police caution. which you do have to admit to the offence to get one.