Police questioning a minor

[maclarencat]

Last night a policeman called at my daughters house and informed her that her 14 year old son had been accused of assault. She brought said son down fom his room and he was distraught. he says he knows nothing about the accusation and was plainly terrified sobbing. He has ADHD and has learning difficulties so is classed as special needs. The police refused to say who had made the allegation only that it had happened 2 weeks ago and said he would need to attend the police station tonight for questioning. They than rang back later and said they were busy so couldnt see him until next week. They have said he will probably be given a caution as the other boy had no injuries. When my grandson had calmed (after the police left) he said the only thing he could think was a couple of weeks ago there had been a bit of banter in the park and he had given a "dead arm" to a boy. But that the boy had not seemed upset and had stayed there another 10minutes before leaving. 1st question my daughter is divorced from sons father but there is an amicable arrangement and they are both concerned for his welfare but the police say only 1 parent is allowed to accompany their son while being questioned is this true. 2nd question if he refuses a caution as he doesnt see it as assault (I wonder how many 14year old boys would have a caution against their name for the usual pushing shoving etc that goes on with teenage boys)what are the chances that they would take the case to court as no injuries happened? The police say the boy has a witness. (could be his friend who was with him) Any advice please

[themas]

I hope your daughter can get legal aid for her son - he should certainly have a solicitor, who should be present when he is questioned. And if the police do not already know about his special needs it is vital they are told well before any interview takes place.

[maclarencat]

The police said that there would be a duty soicitor there.

[lcg]

you can get legal aid for minors - go and see a specialist in criminal law asap. he has to have an appropriate adult with him (only 1 parent, unfortunately), so send whoever is more savvy and confident with him. i would never advise to accept a caution as it is an admission of guilt and will go on his permanent record - sometimes it is best to admit as little as possible or use 'no comment'. you have to talk about the incident thoroughly with the brief and come up with a plan beforehand of what you all think is best to discuss inthe interview and avoid parts which may leave him open to further discussion/accusation. it is for the accuser, police and cps to prove his guilt (not really the other way round) and your grandson should think carefully about anyone who could support his perspective. good luck x

[PurplePolkadot]

Icg76 is right, please get a solicitor of your own, legal aid will be allowed, and that way you will have a meeting with them before the interview to clarify things, also they will meet you on the day a bit beforehand, which can be reassuring, no comment for sure, anything said can be used, again as Icg76 has said. My own son was in a similar situation when he was 15, we attended the station and as soon as they saw the solicitor with us the wind in their sails flattened somewhat, dont do their job for them, my son, me and the solicitor all went in and my son no commented each question, and we left, a few weeks later a letter arrived, no further action. In my sons case it was lads messing about, and the one who started it came off worse and spitefully reported it as assault, tbh i think the police knew this and had better things to concern themselves about but had to go through the procedure. Try not to worry but get a solicitor. Oh and the boys friend as a witness? i am sure more than one witness is required for any court, but i may be wrong...Good luck to your grandson.

[maclarencat]

Thankyou all for your advice. The opinion seems to be get a solicitor. I will pass this on to my daughter. Needless to say everyone in the familly is worried sick. He is a lovely boy,a handful at times but never malicious and on the occassions he does something he shouldnt he always admits it because he doesnt grasp the concept of saving his own skin. We are concerned that he will be so scared he will just agree with everything the police say.

[PurplePolkadot]

thats why you must get a solicitor....a solicitor will not allow your grandson to be pushed into answering anything, no comment all the way, and having a solicitor ahead of the day, gives you time to clarify all this with them, a duty solicitor may well take a while to get to the station, some people cant wait and go in without one, big mistake...duty solicitors arent always already at the station, some people wait hours for them, it depends whats already come up that day.

[exdc]

"no comment all the way"

Make sure the implications of answering no comment to police questions are explained particularly as there is a witness (No special warnings to answering 'no comment' apply to this case)

[maclarencat]

Thankyou. My daughter is going to speak to his Dad at teatime and then they are going to contact a solicitor. It is all very stressful especially as we are not sure what the assault is. My grandson is just guessing what it might be. He is still adamant he didnt do anything. Why wouldnt the police tell my daughter? Is it likely he is to be arrested? He is terrified they are going to put him in handcuffs and put him in a cell and he wont be allowed home. He now hasnt slept for the last 2 nights as he is so scared. He looks awful and feels pemanently sick. I think making him wait and not tellinhg himis just cruel especially for a child like him.

[exdc]

Hi maclarencat

The police initially invited your grandson for 'questioning' (formal interview) so they are not considering the need to arrest / detain. No doubt they intended to interview him that night but were deployed to higher priority incident/s hence the delays.

It is common not to disclose the identity of the complainant and the evidence of the offence in these circumstances for the obvious reasons.

Your grandson and an appropriate adult will have to attend the station where the allegation and evidence will be disclosed and he will have opportunity to have his say.

If you have a solicitor then he / she can request disclosure of the allegation and evidence prior to your grandson being interviewed. (Although the police do not have to disclose 'all' these facts it is unlikely that they would withhold anything back for a case of this nature).

Once the police have your grandsons version of events then the case will go for a decision.

[maclarencat]

Thankyou exdc I wll relay your comments to my daughter

[maclarencat]

Just thought I would let you all know that we took the advicew and got him a solicitor When my daughter went to the police station it seems this boy never had a witness and his description of his attacker did not match my grandson. It appears that he knew the first name of the boy and when he asked around at his school someone came up with my grandsons surname so he told the police that was who had done it! No further action is now bein taken and my grandson did not get the caution. Thankyou so much for your advice as without the solicitor I think it could have been a different story

[bednobs]

thanks so much for getting back -good ending

[maclarencat]

Certainly was. We have all spent a sleepless week worrying about it and are now glad it is all over but it is scarey to think he could have ended up with a caution when he had done nothing .