News1 min ago
How Long Do The Police Have To Arrest You If You Refuse A Voluntary Interview ?
I recently refused a voluntary inteview with the police because it was basicly on there terms not mine . How long do they have to arrest is there a time period?
Answers
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If the situation is as you say it is (i.e.you have been accused of an offence that you believe you did not commit) why not simply attend for an interview, answer any questions put to you honestly, and let nature (or more properly justice) take its course? What objection do you have to that? Furthermore, a "no comment" interview (if you are ever questioned) is...
12:04 Fri 21st Apr 2017
That's a really interesting question but I haven't found a definitive answer .. just that it's important to take legal advice before saying anything. Found this on a solicitor's website:
"In recent years, fewer and fewer people have been arrested by the police and more and more PACE 9 voluntary interviews have been taken place. These can take place in a police car, at the police station or at a suspect’s home address. These are always done under caution.
This means therefore that the actual interview procedure that takes place in relation to the interview on voluntary basis and whilst under arrest is almost the same. The only difference in reality is that a volunteer can leave the interview at any time, whereas if you are under arrest you are of course in police detention. Therefore it emphasises the importance of arranging and instructing a legal specialist for advice to attend and advise you at the interview."
http://
It would appear to be to your advantage to go in voluntarily.
Good luck!
"In recent years, fewer and fewer people have been arrested by the police and more and more PACE 9 voluntary interviews have been taken place. These can take place in a police car, at the police station or at a suspect’s home address. These are always done under caution.
This means therefore that the actual interview procedure that takes place in relation to the interview on voluntary basis and whilst under arrest is almost the same. The only difference in reality is that a volunteer can leave the interview at any time, whereas if you are under arrest you are of course in police detention. Therefore it emphasises the importance of arranging and instructing a legal specialist for advice to attend and advise you at the interview."
http://
It would appear to be to your advantage to go in voluntarily.
Good luck!
Thankyou for your advice and i will take that on board . But even if i attend a voluntary interview and decide to walk out they normaly arrest you anyway acording to a website i just visited . It pretty much a no win situation unless i give a no comment interview to which im entiled to do so especialy when the so called evindence against me is slim to say the least
There is no specific limit upon the period when a suspect can be arrested.
However, where the value of the damage is less than £5000, 'criminal damage' is a 'summary only' offence, meaning that only a Magistrates' Court can handle it. (It can't be referred up to the Crown Court). For such offences 'information must be laid before a court' within 6 months of the alleged offence. No prosecution can take place once that time limit has passed.
Where a police officer knows the name and address of an alleged offender, that person can't be arrested unless he has already refused a request to attend a police station voluntarily (either immediately or at a later date). So the invitation to attend a voluntary interview is (or should be) normal practice.
However, where the value of the damage is less than £5000, 'criminal damage' is a 'summary only' offence, meaning that only a Magistrates' Court can handle it. (It can't be referred up to the Crown Court). For such offences 'information must be laid before a court' within 6 months of the alleged offence. No prosecution can take place once that time limit has passed.
Where a police officer knows the name and address of an alleged offender, that person can't be arrested unless he has already refused a request to attend a police station voluntarily (either immediately or at a later date). So the invitation to attend a voluntary interview is (or should be) normal practice.
I dont know
road traffic offences should be prosecuted within six months
https:/
I imagine you are gonna say there was no damage and
the other side will say - yes there was !
how would you know there was no damage if you didnt stop
unless you did and then said - "oh look nothing good bye"
that happened to me in 1982
when I said where is the damage ?
and HE said Oh ! when i get it home I will have a good look
and I said no you wont you will do it now .....
road traffic offences should be prosecuted within six months
https:/
I imagine you are gonna say there was no damage and
the other side will say - yes there was !
how would you know there was no damage if you didnt stop
unless you did and then said - "oh look nothing good bye"
that happened to me in 1982
when I said where is the damage ?
and HE said Oh ! when i get it home I will have a good look
and I said no you wont you will do it now .....
If the situation is as you say it is (i.e.you have been accused of an offence that you believe you did not commit) why not simply attend for an interview, answer any questions put to you honestly, and let nature (or more properly justice) take its course? What objection do you have to that?
Furthermore, a "no comment" interview (if you are ever questioned) is just about the worst thing you can do in these circumstances. You may recall part of the warning:
"...but it may harm your defence if you fail to mention when questioned, something you later rely on in court".
And so it might. You would have been given the opportunity to provide your version of events and declined. If you later provide a defence in court which you could have provided when questioned the court is entitled to wonder why you gave no comment.
If the police want to interview you they will be perfectly aware of the time constraints placed on them to bring charges. I understand the situation from your earlier question. What you have to understand is that the police will have to investigate both allegations and as part of that they will need to interview you. My recommendation is that you go to the police station, ask for the duty solicitor to be present and answer their questions. Doing anything else is just daft.
Furthermore, a "no comment" interview (if you are ever questioned) is just about the worst thing you can do in these circumstances. You may recall part of the warning:
"...but it may harm your defence if you fail to mention when questioned, something you later rely on in court".
And so it might. You would have been given the opportunity to provide your version of events and declined. If you later provide a defence in court which you could have provided when questioned the court is entitled to wonder why you gave no comment.
If the police want to interview you they will be perfectly aware of the time constraints placed on them to bring charges. I understand the situation from your earlier question. What you have to understand is that the police will have to investigate both allegations and as part of that they will need to interview you. My recommendation is that you go to the police station, ask for the duty solicitor to be present and answer their questions. Doing anything else is just daft.
By giving a statement you can also impkicate yourself also. And normaly a duty solicitor are not worth there salt , i will take my chances and see what hapoens they havnt aressted me yet. I also have mental health issues and have a letter from my mental health team confirming im being hassled by neighbours one imparticulary that is acussing me of revesrsing into her car
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