Voluntary Police Interview

[steveharding]

The Police called me a couple of days ago regarding an alleged assault that took place about 5 or 6 weeks ago. I am trying to make some time to attend. Am I obliged to attend? No assault ever took place, and there is no evidence of this.

Also the plaintiff has been harassing me by visiting my apartment block handing out leaflets with my picture and his version of events, requesting anyone who knows me should contact the Police. He has also been seen showing random people in close proximity the leaflets and asking questions.

I have fully co-operated with the Police so far and have notified them of his behaviour. I think he has a screw loose.

[Buenchico]

The word 'voluntary' means exactly what it says. It's not compulsory to accept an invitation to attend such an interview.

However you need to be aware that the police can't (in the first instance) arrest an alleged offender when they already know his name and address. (That applies even if police officers have just actually witnessed someone commit a serious crime; in the first instance he can't be arrested). The law requires that they must first invite the (alleged) offender to voluntarily attend a police station (either immediately or at a later date). If he then refuses that invitation the police have the right to arrest him.

So, while you have the right to refuse a request to voluntarily attend a police station, such a refusal would allow the police to arrest you (if they so chose).

[bednobs]

if it's not connvenient to go now, be aware it probably wnt be all that convenient when they arrest you

[steveharding]

Thanks for the advice. Where do I stand regarding the plaintiff visiting my premises with leaflets etc? The Police were not aware of this, but I have now made them aware and they said they would have "words" with the plaintiff.

[Buenchico]

You could seek an injunction against the guy, preventing him from harassing you in such a way but it could get both complicated and expensive. It would be best to see if he desists after the police have spoken to him and, if not, refer the matter to them again.

[Jackdaw33]

The word 'plaintiff' is now obsolete, replaced by 'claimant'.

[Peter Pedant]

voluntary is voluntary - so no you dont have to go

some of the advice you have been given here is clearly wrong
"(That applies even if police officers have just actually witnessed someone commit a serious crime; in the first instance he can't be arrested)."
so if the police see you stab someone - they cant arrest you
erm I dont think that is correct

and for the London bridge stabbings - they couldnt shoot the people ( but did ) because they should have said hello hello helloo chummy would you like to come down to the station ....?" first
Noooooo

You need a copy of the leaflet
( "my friend madge told me she THOUGHT..." is not good enough)
and to go with a lawyer at least for the first interview
( you pay and you cant get it back - ever but it may save heart ache later)

it is pretty clear that you arent going to achieve anything by not attending as he is obviously going to carry on as is

when are you gonna be on Nasty Neighbours ? (as victim)

You should allege harassment on his part as he clearly is harassing you under the 1997 act - and ask for a PIN notice to be served on him

Dont tell us what his version of the events is
clearly he thinks csomething happened and is aggrieved
I think you need a lawyer near you whilst you give them Your version of the events

can you save on a lawyer by taking our advice ?
that is a high risk strategy I wouldnt follow - so I wont give that advice

Work - is he a work mate ? your employer but not you has the final say on who comes on the premises so have a word with them

[tonyav]

steveharding, do you have one of these leaflets to show the police.

[Peter Pedant]

// The word 'plaintiff' is now obsolete, replaced by 'claimant'.//

in a civil case - shows which century we were born in

[Buenchico]

PP:

For information:
https://img15.hostingpics.net/pics/345935Arrest.jpg

[steveharding]

Thanks for the advice everyone. Much appreciated.
@Tonyav - "steveharding, do you have one of these leaflets to show the police. "
Yes I have a copy in which the Police leading the inquiry has asked for me to bring in when I am interviewed.

@PeterPedant - "Work - is he a work mate ? your employer but not you has the final say on who comes on the premises so have a word with them "
Not a work mate, a taxi driver making false allegations. He clearly is not of sound mind.

[steveharding]

The other thing to add was he has worded the leaflet as though it was a Police leaflet. Citing a Police non emergency telephone number at the foot of the leaflet etc. and making it sound as though the Police are looking for me.
How have the Police decided to call me several week after the alleged incident? He presumably gave my number to them.

[ummmm]

Go to the interview. It'll be easier in the long run.