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grandad
 Post subject: interview under caution
PostPosted: Sat Oct 26, 2024 1:04 pm 
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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?
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heathcote
PostPosted: Sat Oct 26, 2024 1:48 pm 
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I do not see any reason why he should not be accompanied by a legal or a friend representative.
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grandad
PostPosted: Sat Oct 26, 2024 2:34 pm 
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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?
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XH558
PostPosted: Sat Oct 26, 2024 3:54 pm 
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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.
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Sussex
PostPosted: Sat Oct 26, 2024 7:54 pm 
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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.

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grandad
PostPosted: Sun Oct 27, 2024 10:42 am 
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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.
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Sussex
PostPosted: Sun Oct 27, 2024 11:14 am 
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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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jimbo
PostPosted: Sun Oct 27, 2024 11:39 am 
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grandad wrote:
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.


Yes indeed. The man who represents himself in court, ( or before a council kangaroo court ) has an idiot for a client.

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grandad
PostPosted: Sun Oct 27, 2024 2:39 pm 
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Sussex wrote:
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?

They do, but this particular driver would probably come away from an appeal with another 6 points and no license.
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captain cab
PostPosted: Mon Oct 28, 2024 10:44 pm 
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I bow to the words of my esteemed colleague 'sussex'

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wannabeeahack
PostPosted: Tue Nov 19, 2024 11:51 am 
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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 comment

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