Very useful. As someone who has had minimal interaction with the Police, the one issue that puzzles me is contacting an appropriate lawyer if and when arrested. I don't have a family lawyer and I wouldn't have a clue who or how to contact the 'right' lawyer in the event of arrest. Can you advise on who, how and when to contact a 'decent' lawyer and what it might cost?
Thank you for the feedback. To find a Family Lawyer you could search the register on the Law Society. Check a couple of points - how much and what the fee does and does not cover - whether you are eligible for legal aid - who will be dealing with the case on a day to day basis - how to access the lawyer to deal with any queries and timescale for a response Hope this helps.
@@communitylegaleducation8438 I cannot imagine being able to do this after being taken to the police station. Are you suggersting finding a lawyer just in case you ever need one?
Very few people in the UK have a solicitor available 24/7 for criminal matters. Just about everybody makes use of the duty solicitor, then arranges with an appropriate solicitor after being charged. If you want a solicitor to handle a civil claim because the police wrongly arrested you (or even detained you), then HNK based in Liverpool are very good.
Rather than go no comment, you could say that it is not your job to help the police. You don't have to prove anything. It is the police who have to do that with what they know.
The problem with that is, you giving an account of things that you later wish you hadn't done, and trying to change it. It's the phrase "It may harm your defence if you do not mention when questioned something which you later rely on in court." This is very different from the right to silence in the US, where it is expressly forbidden for the prosecution to draw any negative inference from a suspect deciding to remain silent.
@@zappababe8577 There's nothing to change if you didn't fold to begin with. "I don't answer questions." "I will only converse with a legal representative/intermediary." It's on them to prove guilt, not talk crud, and twist your words. If you're not guilty, or they don't have proof, it's really not your problem, but you make it your problem by cooperating and conversing with them. They're trained narcissists.
@@zappababe8577 The statement that something you later rely on in court may harm your defence is a scary sounding one. In reality it doesn't make much difference when you go no comment. If you are talking with the police and then don't say something that could be useful to them, that is different to not saying anything at all. If nothing is said at all, its very difficult to draw any negative inference from it. Especially if it is emphasised that its because of the desire to not help the police. There is no legal obligation to help the police. EVER. After arrest, before arrest, as a witness, whatever. There is a moral obligation though, but that is up to the individual, not the police or the courts to decide.
I don’t see why people even bother leaving their cells to do these no comment interviews. I’d just take it as an opportunity to catch up on some sleep. If they physically drag you into the interview room, just put your feet up on the table and get back to sleep.
Another important point you missed, you will not know if you are considered 'suspect'. For example, if you think/know you are innocent, but they want to interview you regardless and suspect you of 'something'! They do not even have to tell you/lie about what they are investigating. They will say you're a 'witness'. Good advices for everyone.
Criminal damage laws in uk cover wreckless damage also, I just read the act of England and Wales i.e you can jump over a fence to fetch a football and land in the neighbour's bed of prize Rose's .not meaning to cause damage but if one did not think that the bed of prize Rose's were there and leapt over and landed without first looking has crossed the threshold for being charged and convicted. There is case law about it....
Criminal damage can be caused intentionally and recklessly- the test for reckless is that the accused took a risk that they were aware of. So having it cross an accused’s mind that there was a rose is enough. Thanks for commenting
@communitylegaleducation8438 yes I know matey, keep up the good work. It is good of you to expand the nations knowledge of their rights and tricks used to vanish those rights into the ether. Thank you for your video Kind Regards David
@@chrisrebar2381 you seem the appreciative type....... Try be nice to the guy, if you can do better then of course we wait for your debut ....try to say thank you for your time to educate the nation. Kind Regards David
I’ll reduce the headings for the next one on police voluntary interviews. I’m to make things clear but probably over doing it. Thanks the feedback - still learning.
There is only two words to say in a police interrogation to any incriminating question :- " Habeas Corpus "
Very useful. As someone who has had minimal interaction with the Police, the one issue that puzzles me is contacting an appropriate lawyer if and when arrested. I don't have a family lawyer and I wouldn't have a clue who or how to contact the 'right' lawyer in the event of arrest. Can you advise on who, how and when to contact a 'decent' lawyer and what it might cost?
Thank you for the feedback. To find a Family Lawyer you could search the register on the Law Society.
Check a couple of points
- how much and what the fee does and does not cover
- whether you are eligible for legal aid
- who will be dealing with the case on a day to day basis
- how to access the lawyer to deal with any queries and timescale for a response
Hope this helps.
@@communitylegaleducation8438 I cannot imagine being able to do this after being taken to the police station. Are you suggersting finding a lawyer just in case you ever need one?
Very few people in the UK have a solicitor available 24/7 for criminal matters. Just about everybody makes use of the duty solicitor, then arranges with an appropriate solicitor after being charged.
If you want a solicitor to handle a civil claim because the police wrongly arrested you (or even detained you), then HNK based in Liverpool are very good.
Rather than go no comment, you could say that it is not your job to help the police. You don't have to prove anything. It is the police who have to do that with what they know.
The problem with that is, you giving an account of things that you later wish you hadn't done, and trying to change it. It's the phrase "It may harm your defence if you do not mention when questioned something which you later rely on in court." This is very different from the right to silence in the US, where it is expressly forbidden for the prosecution to draw any negative inference from a suspect deciding to remain silent.
@@zappababe8577 There's nothing to change if you didn't fold to begin with.
"I don't answer questions."
"I will only converse with a legal representative/intermediary."
It's on them to prove guilt, not talk crud, and twist your words.
If you're not guilty, or they don't have proof, it's really not your problem, but you make it your problem by cooperating and conversing with them.
They're trained narcissists.
@@zappababe8577 The statement that something you later rely on in court may harm your defence is a scary sounding one. In reality it doesn't make much difference when you go no comment.
If you are talking with the police and then don't say something that could be useful to them, that is different to not saying anything at all.
If nothing is said at all, its very difficult to draw any negative inference from it. Especially if it is emphasised that its because of the desire to not help the police.
There is no legal obligation to help the police. EVER. After arrest, before arrest, as a witness, whatever. There is a moral obligation though, but that is up to the individual, not the police or the courts to decide.
I don’t see why people even bother leaving their cells to do these no comment interviews. I’d just take it as an opportunity to catch up on some sleep. If they physically drag you into the interview room, just put your feet up on the table and get back to sleep.
Another important point you missed, you will not know if you are considered 'suspect'. For example, if you think/know you are innocent, but they want to interview you regardless and suspect you of 'something'! They do not even have to tell you/lie about what they are investigating. They will say you're a 'witness'.
Good advices for everyone.
If a person is being told it is interview under caution they can assume they will be interviewed as a suspect. Thank you for leaving a comment.
Criminal damage laws in uk cover wreckless damage also, I just read the act of England and Wales
i.e you can jump over a fence to fetch a football and land in the neighbour's bed of prize Rose's .not meaning to cause damage but if one did not think that the bed of prize Rose's were there and leapt over and landed without first looking has crossed the threshold for being charged and convicted.
There is case law about it....
Criminal damage can be caused intentionally and recklessly- the test for reckless is that the accused took a risk that they were aware of. So having it cross an accused’s mind that there was a rose is enough. Thanks for commenting
@communitylegaleducation8438 yes I know matey, keep up the good work. It is good of you to expand the nations knowledge of their rights and tricks used to vanish those rights into the ether.
Thank you for your video
Kind Regards
David
PLEASE - Turn off those pointless and very distracting captions. If people want them then they will turn them on themselves!
@@chrisrebar2381 you seem the appreciative type.......
Try be nice to the guy, if you can do better then of course we wait for your debut ....try to say thank you for your time to educate the nation.
Kind Regards
David
I’ll reduce the headings for the next one on police voluntary interviews. I’m to make things clear but probably over doing it. Thanks the feedback - still learning.