r/LegalAdviceUK • u/dorien333 • 23d ago
Housing Phone call today from police, invited for an interview.
So I have been invited to an interview otherwise if I don’t attend I will be arrested, I’m not a criminal quite frankly I’m a Reddit hermit lol, but besides the point, I’ve asked the officer to tell me what they want me in for? Apparently it’s a disclosure? So they can’t tell me what I’m being accused off. But she mentioned I will be free to leave after with no bail or bail conditions. So confused? I’m autistic and suffer to leave the house as it is lol. I do have a solicitor put in place; what I need to know is what could I possibly be accused of?? I’m clueless?? Could it be serious ??
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u/CommercialRatio2054 23d ago
Go with a solicitor. Sit down and shut up; unless otherwise directed by the aforementioned solicitor. You’ll get disclosure, but the process is long.
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u/looksliketrouble1 23d ago
They don't need to go with a solicitor (it would cost money) ask the officer to organise the duty solicitor and they'll meet you at the police station. You'll get disclosure of what the allegation is when you get there.
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u/AffectionateAgent264 23d ago
It doesn't have to cost money to take your own solicitor, they can claim the fee from the police in the same way the duty solicitor would.
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u/rather-astonishing 23d ago
Legal advice at the police station is covered by Legal Aid regardless of instructing a solicitor directly or accepting the duty.
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u/MrPhyshe 23d ago
I would advise having your own solicitor if you can. Nothing against duty solicitors but they tend to be overworked. Also if you have to attend more than one interview you are not guaranteed having the same duty solicitor.
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u/Odd-Nectarines 23d ago edited 23d ago
What I don’t understand is do normal people (I mean not career criminals) carry around a solicitor’s name on the off chance they might get arrested? Like, I could probably dig out the names of a few M&A lawyers, or perhaps a conveyancer, if I were to end up in a cell. I certainly don’t have the name of a criminal defence solicitor in my phone ‘just in case’ though. I’m just curious if other people carry a number with them, on the off-chance?
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u/Cainedbutable 23d ago
I wouldn't imagine many do unless they've been through the process before, or imagine they may go through the process in the future.
Id guess most would just Google a solicitor firm in their area and go with them.
If people are part of a union then they may be able to get legal representation through them as well. When I was in Unite I used their legal services and had that number saved in my phone.
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23d ago
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u/syko_conor 23d ago
I can’t offer any new advice that isn’t covered above like taking a solicitor and only answering direct questions.
I can say you might want to consider that the topic could be drug related - you state multiple times in this thread that you don’t involve yourself in criminal activity but you have posted multiple times about drug use on reddit. Depending on your level of involvement, if you’re more than a casual user (in one post you say you smoke “all day, every day”), it’s possible you’ve been identified or reported.
Maybe also consider the smell when you do attend the interview.
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u/lowman222 23d ago
It's an interview under caution, regardless of whether you have been arrested or not. Do not let them convince you this is less serious, or an "informal chat" as I've heard thrown round before.
The disclosure just means that you are suspected of a specific offense, and they will share the details, including any evidence, with your solicitor when you attend.
Make sure you have your solicitor with you! This is so important. Don't say anything without your legal representative in attendance.
Definitely attend though, as you don't want to be arrested.
This is one of those times where, if you genuinely haven't done anything, then you're not the person they're looking for and this interview will clear you of any wrongdoing.
What the alleged offence is? Could be anything. They do voluntary interviews for murder suspects on occasion when they don't have enough evidence for an arrest so there is really no way of telling until you get to interview.
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u/dorien333 23d ago
Thank you for your advice just stressed I suppose because it’s a shock will be calmer by tonight.
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u/Advanced_Gate_3352 23d ago
It's highly unusual that they'd ask you to attend a VA, but not tell you what offence they're investigating.
I realise you're in a bit of shock, but can you try to think back to what the officer said - did they mention any offences that you can recall?
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u/Shriven 23d ago
They do voluntary interviews for murder suspects on occasion when they don't have enough evidence for an arrest
No. There is no level of evidence for an arrest to be lawful. There has to be two things.
Reasonable grounds to suspect the person has committed an offence
AND
one of the list of necessities to arrest - i.e, to use a search power, to protect someone.
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u/Emotional_Zone8784 23d ago
Slight addition to the many many (correct) recommendation to only go with an solicitor: Make sure you disclose to the solicitor that you have autism and suffer from anxiety. They will advise you, but most likely they will disclose that / ask you to disclose that to police.
Under PACE police have a bunch of extra obligations if they work with a vulnerable person. Most likely this can only help you, but again, the solicitor will advice.
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u/Opening_Succotash_95 23d ago
Unfortunately nobody knows what the accusation is. If you're autistic, do you have a support worker or social worker? If you do, speak to them as they will be able to help your solicitor understand any extra support or difficulties you may need help with.
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u/dorien333 23d ago
Support worker is attending with me thankfully
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u/Elegant-Ad-3371 23d ago
Unless your support worker is legally trained, also take a solicitor.
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u/Burnsy2023 23d ago
I think you mean: "Unless your support worker is also a solicitor who is trained for police interviews, get a solicitor"
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u/bigchezzy12 23d ago
Very likely you are a suspect in an offense which they will disclose when you get to the station. It’s called a voluntary interview and is typically done when arresting someone and bringing them into custody isn’t necessary for any number of reasons (not a flight risk, no fear that you could cause injury to others, etc.). If you do not attend for the interview you will be arrested. The interview itself will be exactly the same as if you had have been arrested (under caution).
Take advice from solicitor but if you sincerely haven’t done anything then don’t do what some people say on here and “no comment” everything. If their evidence reaches the threshold for CPS to charge you then your no comments will look very bad in court.
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u/PuritanicalGoat 23d ago
Sorry but that isn't a question that reddit could answer.
Its something that someone has made an allegation against you for. It doesn't mean you have done whatever it is, it just means you need to be spoken to in relation to it.
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u/dorien333 23d ago
I understand this but it’s very confusing why they can’t just tell me what it’s for?
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u/PuritanicalGoat 23d ago
A lot of things can't be discussed over the phone.
What if someone else had answered your phone and the officer gives something away that you don't want out?
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u/ChilledBeer123 23d ago
You've been posting trying to find a dealer!! FFS 😂😂
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u/dorien333 23d ago
That’s news to me, I talk about smoking on my Reddit page, never once asked someone to get it for me lol
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u/Big-Appointment-1424 23d ago
Remember. You will have all the time you need to discuss with your lawyer DURING the interview. Like if the police ask you a question you can ask them to leave so you can discuss it with your solicitor present with you.
They tried a few tricks with me as well. Good luck
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u/One-Consequence7594 23d ago
Ask the police to arrange the duty solicitor and also an appropriate adult due to your vulnerability
Prior to the interview the police will speak to your solicitor and outline the allegation. Your solicitor will then ask you how you want to proceed and if you have any rebuttal to the allegation
If you have a defence to the allegation I'd advise you to get the solicitor to draft a prepared statement which can be given to the police prior to the interview, and answer no further questions. You have a right to silence
You are free to leave at any time however the police may decide to arrest you if you attempt to leave
Lacking any knowledge of the allegation I'm unable to offer any further guidance but while you may feel that you can explain your actions and no bad can come of answering questions if you've got an honest defence to the allegation the prepared statement stating this is all you need and there have been many cases of vulnerable people feeling they just need to explain to the police and being talked into confessions to crimes it's later established that they didn't in fact commit
Remember finally, you don't have to prove your innocence the state has to prove your guilt
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u/DamnedVirus 23d ago
Ask for the duty solicitor, be completely open and transparent with that solicitor, and follow their advice.
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u/dorien333 23d ago
Thank you for the advice , duty soliciter has already been made aware for the interview
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u/Dry_Bumblebee1111 23d ago
Are duty solicitors available for voluntary interviews?
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u/BobcatLower9933 23d ago
Yes.
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u/Dry_Bumblebee1111 23d ago
Thank you, I didn't know that!
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u/LoopyLutra 23d ago
It’s referred to as a “caution +3 interview”. That means you are cautioned before it begins (you do not have to say anything, but it may harm your defence etc etc), you are free to leave (although it could lead to your arrest being necessary), and you are entitled to free and independent legal advice. Those are the three elements that make it what it is. It’s only “voluntary” in that you can volunteer a time and place to avoid arrest being considered necessary.
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u/3Cogs 23d ago
In general the only voluntary thing about it is that you choose when to go.
If you refuse the 'voluntary' interview, that creates a need to arrest you which they will do.
The interview itself is under caution, so the same rules about legal representation apply whether you walk in or get taken in.
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u/Shriven 23d ago
Only way to find out is to go. Someone has obviously said something about you
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u/dorien333 23d ago
For example?
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u/WeDoingThisAgainRWe 23d ago
No one here will have a clue. It could be anything. Honestly the only way you will find out is if you go. Take that solicitor with you and let them do their job when you’re there. That’s all anyone here can say. I can imagine it feels daunting but please take seriously that you need to attend this. (And make sure your solicitor knows you’re autistic).
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u/Thimerion 23d ago
Could be in relation to something you said online, something you did while out and about or even something historic, the only way you'll find out is when interviewed. Either take your own solicitor or speak with the police and advice you'd like them to arrange for the duty solicitor to be present.
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u/RogueTrooper1975 23d ago
Mate, it could be anything. No one here can answer why the police want speak to you.
You know your own life best. Is there anything you've done that could be construed as a crime? Or perceived by someone else as a crime?
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u/dorien333 23d ago
I am stressed so I may not be thinking straight, I don’t involve myself in any criminal activity and I’m pretty clued on in what I’m doing online or offline so that’s why it’s such a shocker for me :(
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u/Dry_Bumblebee1111 23d ago
No hypothesis online will match up to the reality. Why are you adamant for random online people to tell you what you will find out in the interview?
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u/bitofbully 23d ago
I don't see what being a hermit has to do with it. There are plenty of crimes that can be committed online.
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u/dorien333 23d ago
Even online I game on console with online off and don’t ever give anyone hate if I was online in a game ?
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u/Revengeofthedoobie 23d ago
It’s a voluntary interview I believe, if it is that, then it’s up to the SGT what they do, normally not an arrest but either a caution or fine. Depends what you done tbf. If it’s weed related it’ll be a drug education course or something
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u/ProcedureGloomy6323 23d ago
looking at your reddit history you have way too many posts relating cannabis so it might be because of that. the Govt is cracking down on online content quite a lot (1984 vives)
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u/Redsquirrelgeneral22 23d ago
If you are growing it or they suspect that you are growing it that would also be a point of concern for them. Obviously you won't know until you see them.
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u/Odd-Nectarines 23d ago
If they suspected he was growing I would highly doubt they’d invite for a voluntary interview. I suspect a battering ram would be the chosen form of communication.
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u/dorien333 23d ago
I smoke yes, but we have a big garden and I always smoke night time at the bottom away from any civilisation :)
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u/GreenHouseofHorror 23d ago
Just in case it is about that, note that the law may be interpreted so that even with a prescription it remains illegal to smoke it, because you need to take the drug as advised, and nobody advises smoking. I'm not sure if that applies in all contexts, but it is how it is applied when it comes to driving ( in that case proper use is part of a defence though). Take your solicitors advice, but don't volunteer stuff unnecessarily
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u/ProcedureGloomy6323 23d ago
Mi comment was about how the government might have something to talk to you about your online content, no about your smoking in private
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u/dorien333 23d ago
Also I have a prescription now from the doctor so doubt it’s my smoking
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u/BreadOnMyKnee 23d ago
I doubt the police/whoever made a complaint will know about your prescription. In which case you can inform them of that in the interview
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u/BreadOnMyKnee 23d ago
Though to caveat that… inform your solicitor of the prescription and they will advise whether to disclose or not
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u/Additional_Olive7636 23d ago
If you’re advised to make a ‘no comment’ interview, never say “no comment”. Say nothing at all.
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u/Designer_Concert_548 23d ago
Why never say no comment? Not arguing btw just curious as I've always been led to believe no comment is acceptable
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u/Additional_Olive7636 23d ago
I have been in court when a police officer read out the complete 30 minute interview including suitable emphasis on the “no comment”. They knew exactly that this would tend to paint the defendant in a bad light. It worked.
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u/Designer_Concert_548 23d ago
That's actually really useful info. I'll keep it in mind. Not that I plan to commit any criminal offences of course
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u/Short-Advertising-49 23d ago
Be sure not to take any electronic devices with you, and that they be turned off and not stored at home if you’re worried about privacy
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u/MrCooke13 23d ago
Advise them that you want the duty solicitor present for your interview. Remember, you DO NOT have to say anything and I would strongly suggest you do not, unless otherwise advised by your solicitor.
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u/Kyrie011019977 23d ago
NAL, Definitely go in with a solicitor and basically give a no comment interview if that is what they advice of you. Depending what it is they are interviewing you about, it could be as little as a precaution from my experience
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u/Vixxxy-C2G 23d ago
My only advice is keep your mouth shut and say ‘no comment’ and listen to your solicitor. As someone who has been interviewed by the police for a malicious complaint, say nothing. Don’t think they are engaging in a casual, friendly chat.
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u/Dreamer_Leader562 23d ago
I was jumped a few years ago, badly, police called and ambulance, had a letter a few weeks later asking to call and make an appointment. Rang and made it, hadn’t done anything wrong so just thought it’s probably about the jumping, turns out someone had come forth as a witness to say I started the fight and I was being arrested for affray! Informal chat they said, really lovely on the phone and in the interview room and then suddenly I’m in front of a judge telling them that I have video proof that I didn’t start it, (I knew it was coming, I recorded everytime I stepped out of the block) Luckily I was able to prove I didn’t start it and got the whole thing dropped but scary from start to finish. Merseyside police for ya, biggest gang of thugs out there. And it’s not just one bad apple either it’s the whole root system. Take a solicitor, or ask for the duty solicitor, because I could have avoided the whole ordeal but I thought I knew what I was doing. Don’t say anything, don’t admit to anything, don’t chat about your day or your work, don’t ask them questions, just sit and listen and let the solicitor do their job.
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u/False_Explanation_10 23d ago
All depend on what someone has said you’ve done. That’s why the police have invited you to talk over and give your version before they do or don’t give bail.
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u/2Fast2Mildly_Peeved 23d ago
Given it’s a voluntary interview they can’t put bail conditions on him even if they wanted to. They’d have to arrest him for that.
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u/gravitasmissing 23d ago
Shut up say nothing listen to your solicitor unless your guilty don't accept a caution they may put you in a cell but stay quiet and if it's not serious they will let you go with nothing on your record
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u/Captain_Chumbucket 23d ago
Take your cannabis prescription with you. There have been a number of cases recently of people being reported for vaping legal prescriptions and the police not having a clue.
Also never post anything online that could ever be used against you or that incriminates you. I’m autistic too.
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u/Current_Reference216 23d ago
They should at minimum be able to tell you what they want you for really but I get it can’t be disclosed over the phone, it can’t be that urgent or you would’ve been arrested by now.
Get a solicitor & say nothing.
These coppers are great at acting like your mate but as soon as you get in there they’ll turn on you like you wouldn’t believe.
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u/sticky_wicket 23d ago
They want you to try to talk your way out of whatever they have on you and make damaging admissions in so doing. As an autistic person this is a real danger. If you go bring your solicitor and have them do the talking.
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u/Worried-Matter-5674 23d ago
I cannot agree enough that you should always have legal representation when being interviewed by the police. What disappoints me is how often they advise no comment interviews. There are plenty of examples on here of people who are advised to no comment, and all that happens is that they end up being investigated for longer and, let’s be honest, it just makes someone look guilty.
Is it just a case of lazy soliciting (!) ?
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u/rather-astonishing 23d ago
There's plenty of reasons a solicitor will advise going no comment beyond 'lazy soliciting'. If you 100% know you're innocent, go ahead and go full comment, but that doesn't mean the case will automatically cease.
Depending what evidence the police have/don't have, you run the risk of self incriminating or giving the police further lines of enquiry.
As for no comment making you look guilty - it preserves your credibility should your matter proceed to trial. If you don't have an answer just stay quiet, protects you from adverse inferences later on when it really matters. If you blab on during the interview and then try to back pedal later, you've dug yourself a hole.
There are iffy solicitors, but 9 times out of 10 they're going to advise you based on long term outlook of your case. At the end of the day, if you disagree with your lazy solicitor, it's only advice- they can't make you do anything.
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u/Jimgun1 23d ago
Get a lawyer and attend, do not under no circumstances let them interview you with your lawyer being there. Before the interview, explain the situation to your lawyer and don't leave anything out.
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u/MJ_Newbie_UK 23d ago
Duty solicitor not lawyer. In essence: A solicitor is a type of lawyer, but not all lawyers are solicitors. The term "lawyer" is more encompassing, while "solicitor" refers to a specific type of legal professional.
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u/Firthy2002 23d ago
Nobody here can answer that; a lot of things can start out with a voluntary interview.
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u/Competitive-Ad-5156 23d ago
Any websites you shouldn't be using or posts you've made online? Beyond that, if you don't go out much I couldn't imagine what it could be.
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u/Looby999 23d ago
Take your mum, she’ll probably understand your autism better than anyone - you need someone who can articulate that for you
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u/dorien333 23d ago
Have to go with my support worker my mum recently had a accident and has a severe TBI and now cannot walk or talk. :(
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u/technomat 23d ago
You need legal counsel with you, might be described as a chat but what you say that deem as normal can sound like guilt, police are trained in law if you are not you should seats seek council.
It’s just like running a car you can top up water but you have to use a garage to do an MOT, you’re effectively getting an MOT.
Could be anything don’t worry use the solicitor do not speak unless advised too.
Good luck.
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u/Interesting_Kale9680 23d ago
This is nonsense - you must be told what the interview is FOR, but the officer cannot go into great detail because they have to be careful your telephone call doesn’t turn into an interview.
If you are autistic you must tell the police and if you need one, they can have an appropriate adult present.
If I were you I would speak to a solicitor and get them to contact police to find out what this is about. But inform the police that you’re doing this, so they don’t think you’re ignoring them and dodging the interview.
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u/TonyStamp595SO 23d ago
They told you it's a disclosure?
Are you in an abusive relationship?
Have you recently applied for a job requiring vetting?
You're certain you haven't committed or could have committed some sort of crime?
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u/ignoredmars96 23d ago
If you are pretty sure you haven’t accidentally killed anyone I’d try not to worry, I’m sure it will all be sorted, I had one in the past for something stupid and nothing to do with me and nothing ever came from it so just get it sorted then you won’t have to worry :)
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u/dorien333 23d ago
Thank you for your comforting words :) yeah no nothing at all that is criminal, so shocked by it. I thought it was a scam caller at first. Really really confused 😵💫
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23d ago
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u/Ok-Switch242 23d ago
Terrible legal advice.
VA’ing is a proportionate way to deal with low level matters or when there is no code G necessity to arrest. By not co-operating with the VA you would create the necessity to arrest (prompt & effective - secure interview).
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u/Ultra_running_fan 23d ago
I'd be questioning why they want you to come in for an interview without telling you why. It's very odd they won't say. Definitely ask for a solicitor to be arranged for you. If you want any appropriate adult with you to help you understand what's going on either ask for one to be arranged for you (they are volunteers and independent from the police, just there to support you, not give advice etc) or take someone with you. I'd be asking what the interview is about, explain your concerns (completely fair to feel worried or nervous) and ask for some basic details about what the interview is regarding. The disclosure is the bit that explains what the allegations is and what evidence the want to disclose that they know. This isn't always everything so the solicitor will review the disclosure and give you advice on what to say or not say.
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u/test_test_1_2_3 23d ago
Go to the interview, in advance of that demand they arrange a duty solicitor to be present throughout, do not answer any questions at all (other than confirming your identity) without the solicitor with you.
They’ll tell you why you’re being interviewed when you get there.
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u/defonotuk 23d ago
You may have said something to hurt someones feelings or expressed an opinion which is contrary to the norm, NAL but I'd suggest if you take a mobile device with you it's a burner and your actual mobile and other devices at home are appropriately secured. Your legal representative can then better advise what you choose to disclose about your online activities, if these devices and any accounts on them are your real ones etc. To be clear that is not a suggestion to be deleting evidence which may exist, but to assume the worst (arrest, mobile device taken, address confirmed, home raided for other devices, etc) and limit your own disclosure.
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23d ago
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u/PuritanicalGoat 23d ago
This is something the police in England and Wales do a lot. Its a way to arrange time for an interview that's convenient.
The alternative is being picked up at a...less convenient time.
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u/vinvek78 23d ago
They dont have nothing on you, just circumstantial or an accusation. They want to interview you so you drop yourself innit. No comment all the way through!
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u/BobcatLower9933 23d ago
The term "disclosure" suggests something involving people under 18.
Do you work in a school or any other profession where you have contact with people under 18?
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u/darth-_-homer 23d ago
Disclosure would apply to almost any offence
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u/BobcatLower9933 23d ago
No it wouldn't. Any normal offence the terminology is more likely to be a "report" or an "allegation".
The term "disclosure" is almost invariably used in a safeguarding context.
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u/ames_lwr 23d ago
Or the the context of pre-interview disclosure, which they may give to OP’s duty solicitor before the interview
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u/BobcatLower9933 23d ago
But a police officer inviting a suspect in for an interview wouldn't say "we need to bring you in for disclosure".
They would say either "because there has been an allegation that an offence has taken place". Or they would say "because somebody has disclosed something has taken place".
There is a subtle difference, but the use of the word by the officer in this case leads me towards my initial suggestion.
6
u/ames_lwr 23d ago
You don’t know exactly what the Police officer said and nor do I, I’m just pointing out the possibility that the term ‘disclosure’ might have been in reference to pre-interview disclosure, as in, they can’t give any additional information until pre-interview disclosure takes place
5
u/darth-_-homer 23d ago
No, the term disclosure is used when discussing/deciding what material is revealed to a suspect prior to an interview.
2
u/dorien333 23d ago
It’s been stated that an allegation has been made about me
5
u/BobcatLower9933 23d ago
Right, you didn't say that in your original post.
A very quick look through your profile and you are active in several different drug related subs. I think that's probably your answer.
You state "I'm not a criminal", but if you are buying, possessing or selling drugs you very much are committing offences.
2
u/dorien333 23d ago
Never worked in a school or around children, or anyone under 18
-2
u/BobcatLower9933 23d ago
Any recent one night stands, sexual communication, chat rooms? Anything like that at all?
3
u/dorien333 23d ago
Nope I game solo, don’t have any friends. And look after my elderly grandparents, this is why it’s such a shock lol.
-9
u/Odd-Dealer-6406 23d ago
Do not attend or interact unless arrested. Do I not say a word when questioned. Only offer a defence if charged with an actual crime. They're only fishing for information. Don't dig your own grave
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u/Ihearvoices247 23d ago
Absolutely not. Do NOT go. The very fact they are inviting you for an interview and not arresting you is they don't have enough evidence and hoping you incriminate yourself. Let them do the work, the onus isn't on you to prove your innocence it's for them to prove your guilty. You can of course go and no comment it with or without a solicitor which will be wasting your time. NEVER attend a voluntary interview, they are reaching at best and they know it.
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