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interview under caution
http://taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=40909
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Author:  grandad [ Sat Oct 26, 2024 1:04 pm ]
Post subject:  interview under caution

If the Council wish to interview a driver under caution, is that driver entitled to the services of a duty solicitor the same as if they were being interviewed under caution by the police?

Author:  heathcote [ Sat Oct 26, 2024 1:48 pm ]
Post subject:  Re: interview under caution

I do not see any reason why he should not be accompanied by a legal or a friend representative.

Author:  grandad [ Sat Oct 26, 2024 2:34 pm ]
Post subject:  Re: interview under caution

heathcote wrote:
I do not see any reason why he should not be accompanied by a legal or a friend representative.
Ah, That was not the question though. The question was should the Council provide a duty solicitor in the same way as the police have to?

Author:  XH558 [ Sat Oct 26, 2024 3:54 pm ]
Post subject:  Re: interview under caution

If it's similar to this, it looks like no.

Do I get free legal advice?

For voluntary interviews conducted by non-police investigators, the provision of legal advice is set out by the Legal Aid Agency in the Standard Crime Contract Specification. The rules mean that a non-police interviewer who does not have their own statutory power of arrest would have to inform a suspect that they have a right to seek legal advice if they wish, but payment would be a matter for them to arrange with the solicitor.

Author:  Sussex [ Sat Oct 26, 2024 7:54 pm ]
Post subject:  Re: interview under caution

grandad wrote:
If the Council wish to interview a driver under caution, is that driver entitled to the services of a duty solicitor the same as if they were being interviewed under caution by the police?

No.

But I suspect a solicitor might advise attending, listening to the council's issues, and saying nothing.

Author:  grandad [ Sun Oct 27, 2024 10:42 am ]
Post subject:  Re: interview under caution

Sussex wrote:
grandad wrote:
If the Council wish to interview a driver under caution, is that driver entitled to the services of a duty solicitor the same as if they were being interviewed under caution by the police?

No.

But I suspect a solicitor might advise attending, listening to the council's issues, and saying nothing.

I didn't find out about the drivers interview until after it took place. Unfortunately he didn't seek advice before attending and unfortunately he did speak. He got 6 Council points on his Council badge.
I did call him a fool.

Author:  Sussex [ Sun Oct 27, 2024 11:14 am ]
Post subject:  Re: interview under caution

Sadly the world is full of numpties that seek advice after the event, rather than prior to it.

Out of interest does the council have an internal appeal process for these points?

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