Can The Police Send U To Court Without Being Arrested

[kitten1980]

My husband has got to go to court but the police never charged him or arrest him.

[kitten1980]

ok thanks everyone i get it sorted tomorrow

[Zacs-Master]

Kitten has already said it’s a first offence Eddie. I don’t think this is anything to do with being a witness.

[nailit]

Why did he not have a solicitor at his interview kitten?

[kitten1980]

ok what is a summons is it some sort of a charge

[kitten1980]

cos of his first offence he thought he could do it by himself, which he was honest and truthful to the police.

[New Judge]

You keep going on about “witnesses” Eddie. This gentleman is clearly not a witness but with garbled snippets of confusing information it is impossible to say what has happened. However my money is on the fact that he has almost certainly been told to attend court under the Postal Requisition system as explained by Zacs-Master at 21:30.

Witnesses do not routinely receive summonses. Except occasionally in cases such as matters of domestic violence, where it is suspected a victim witness will not attend unless summonsed, witnesses are normally simply asked to attend court. Otherwise only if they fail to attend when asked is the question of a summons raised and it must be raised with the court. Police have no powers to issue witness summonses and they must be issued by a court, even in the domestic violence situation I mentioned above.

But as suggested, a solicitor is the best bet to establish what is happening for sure.

[Zacs-Master]

Naivety, I would imagine, nailit .

[naomi24]

nailit, I presume because he wasn't arrested. He went to the police station voluntarily.

I really think Kitten should speak to the solicitor.

[douglas9401]

I'm not at all sure that a horsewhip is an offensive weapon.

[nailit]

//Naivety, I would imagine, nailit//
Judging by kittens post @ 22:03 I would agree zacs. Never a good idea to be interviewed by the police without a solicitor (been there, done that)

[Peter Pedant]

Kitten _ I want a second opinion

yeah OK yes deffo then !

This is not rocket science. Yr husband may well have to go to court without any whatever - - - - - wivvart OK then
and any defence on the lines of - "He shouldnt be here 'coz da da dah...... the formz are wrong etc " is bound to fail

answer the charge or get ( = hire = money) a lawyer to do so.


"I aint menna be here " hardly ever works
"I aint menna be here and I know narfin. I dont. yeah wot me here for den wot . yeah ! " never works
but is often tried

[EDDIE51]

Kitten is very confused, she said twice he had not been charged with anything and was free to go,then that a charge sheet had arrived then that there were two charges on it. Talking to the solicitor is the way forward here.
Kitten talk to the solicitor and then come back and tell us what has actually happened. Do not start a new thread just add on to this one.

[nailit]

//nailit, I presume because he wasn't arrested. He went to the police station voluntarily//
Yes Naomi, can understand that, but experience has taught me how the police (and CPS) work :-(

[Davemano]

The problem with this is that we don't know just what he got through the post

[nailit]

TBH, for a first offence I wouldn't be to worried anyway (if no one was hurt)

[kitten1980]

ok i will do and speak to the solicitor tomorrow as this is the first offence he has done as ive already said i really hope when he goes to court it will be a warning

[Zacs-Master]

Me quoting advice @ 21:36: ‘often without previous legal advice‘
So it would seem it is not uncommon for people to be interviewed without a brief present.

[kitten1980]

no he never hurt no one just showing someone tough love really. I would explain the full story but be here all night

[Peter Pedant]

// cos of his first offence he thought he could do it by himself, which he was honest yeah and trooful to da police.//

I think that is - - - - he fort he could do it .....

Lawyer deffo

(Kitten - o we doan warn vat - no marney see ? we fort he could get off on his own. I mean lawyers yeah dat no dat - fooo dat!) lawyers really bad dat !

[Jackdaw33]

"I really hope when he goes to court it will be a warning"

Dream on.