the police have arrested my son on suspition they put him in a cell till the duty soliciter arrived who did not turn up he told my husband to phone him if he needed him
2007-07-27 10:13:14 · 15 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Your question did not make any sense. Police do not have cases on suspicion alone.
If they feel they have enough "probable cause" to arrest someone, they can hold them for a certain period of time. Where I live, a person with a Gross Misdemeanor or Felony has a 48 hour period where they stay in jail "Awaiting Formal Charging." If they have not been charged within the 48 hours they are released, otherwise they are charged and have a court date and possibly a bail set.
And to rustyrale....I bet you actually have no idea what your consititutional rights actually are. You cannot be arrested on "reasonable suspicion". RS is what makes a cop investigate more...which is what the officer did to you. Once they have probable cause, then you are arrested. NEVER tell an officer what you believe your rights are. Every officer goes to schooling on EXACTLY what they can and cannot do. If you think an officer is abusing power, WAIT until AFTER the situation is over and you have both gone your seperate ways. Then research your curiosity, then if you stil believe abuse happened, then report it to the local police's IA department. Telling an officer that he is wrong and giving them a hard time will NEVER let you off easier.
2007-07-27 10:34:08 · answer #1 · answered by Vindicaire 5 · 0⤊ 0⤋
Police can arrest on suspicion of a suspect committing an offence. The suspicion usually comes from the following:
1. being at a certain place - where a crime was committed or thought to have been committed.
2. having property on you which you shouldnt have
3. having substances or marks on you that you shouldn't have
suspicion is supported by the circumstances that the suspect is in and police usually term their arrest as suspcion until the matter is proved.
The duty solicitor has a duty to attend the station when the police say that they are ready to interview the suspect. There are many reasons why the duty solicitor didn't attend the station and the most likely reason is that the offence for which your son was arrested was one which he would not be interviewed for. Many offences that suspects are not interviewed for are non imprisonable.
I'm sure your son received telephone advice from the duty solicitor. The government would not pay for the solicitor's attendance unless the offence was one which your son would be interviewed for.
To the UK Cops:.....
Police officers take forever to confirm whether they are ready for interview and then all of a sudden state that the client doesn't want a solicitor anymore. The rules state that duty sols must be at a station within 45 minutes.
2007-07-27 20:32:46 · answer #2 · answered by Just me 4 · 0⤊ 0⤋
Yes the police can arrest someone on suspicion of committing an offence. Obviously the police will have informed your son at the time of his arrest what that offence was that he was suspected of committing. This will have also been conveyed to the custody sergeant and the duty solicitor and appropriate adult.
I think the point you are missing is that most arrests are made suspecting that the person has committed a specific offence, which will be the case in relation to your son. The arrest will be necessary for the prompt and effective investigation of the offence (i presume). Your son will be interviewed for his version of the events and any evidence put to him. The officers will liase with CPS and a decision will be made whether there is sufficient evidence to charge.
2007-07-27 18:19:30 · answer #3 · answered by Anonymous · 0⤊ 1⤋
The powers of arrest in the UK are such that the Police can arrest someone who they suspect has committed an arrestable offence, if they think the arrest is necessary, for various reasons that they have to state. The most common one being for a prompt and effective investigation of the offence.
As for securing a conviction, this would depend on all the evidence being present and the likelihood of a successful conviction at Court. The decision to prosecute lies with the Crown Prosecution Service.
As for the solicitor delay, this would have to be taken up with the relevant company. Bear in mind that the solicitors are independent of the Police so any complaint would have to be directed to the relevant company and NOT the Police.
I have experienced long delays when waiting for solicitors to arrive when I am ready to deal with the suspect for an offence. Solicitors are not always as good as people make out.
2007-07-27 17:55:13 · answer #4 · answered by Ian UK 6 · 0⤊ 1⤋
You only left out about 99% of the information needed to give a reasonable answer. Start with "Suspicion of WHAT?"
2007-07-27 18:03:16 · answer #5 · answered by STEVEN F 7 · 0⤊ 0⤋
I have been arrested for "reasonable sucpision" before because I was out walking at four am in the morning with the rest of the early morning joggers and power walkers...But I told the officer he had no warrent or probably cause to pat me down or search me. The cop did not like that answer and bent me over his squad car. I'm your average white male 20s...my crime? Telling the cop about my constitutional protections which didn't protect me for squat. Officaly I was charged with resisting arrest. Never mind I should of been charged with an arresting offense which I wasn't
We live in very bad times in the US.
2007-07-27 17:20:52 · answer #6 · answered by rustyrale 1 · 2⤊ 3⤋
They don't have a case on suspicion. They have the suspicion because they probably have evidence. If so. They have a case based on the evidence.
2007-07-27 17:26:11 · answer #7 · answered by Anonymous · 2⤊ 0⤋
It all depends on what 'they think' he has done...
Try not to be one of the 'Its not my Son' brigade...If you defend him & you have the slightest suspicion that he has been up to no good.....you are going to have a son who will think its ok to behave badly towards innocent people.
he is your Son & I know you want the best for him. If he is innocent then yes, you do the best you can but if he isn't he must face the music.
2007-07-27 17:19:57 · answer #8 · answered by skippy's mum 4 · 1⤊ 1⤋
I think they're allowed to arrest under suspicion for no longer then a certain period i think about 30 days I'm not sure, but I think it depends of what he is under suspicion of. Like how serious.
2007-07-27 17:16:45 · answer #9 · answered by Anonymous · 2⤊ 2⤋
they can arrest someone on suspicion, but they need evidence, otherwise any sod the cops hate wouldnt stand a chance
2007-07-27 17:16:41 · answer #10 · answered by bibbittybobittyboo 3 · 2⤊ 2⤋