hi new here and a question that baffling me

[Drake]

hello forum iam Drake " "
i have been invited to go to a police interview in march on a historical matter

i live in Scotland and the police interview is in England
i require a solicitor so i called Chris Saltrese solicitors sadly they do not do legal aid i then called McCluskey Browne Solicitors but because the police interview is in England i would need an English solicitor so i called an English solicitor in the area of the interview and was told because i lived in scotland i would need to engage a solicitor from here

i am on a merry go round i am confused can you help me i would give more details but not on this open page sorry for the cloak and dagger i am just terrified of this situation

yours sincerely

Drake " "

[tigertiger]

hello forum iam Drake " "
i have been invited to go to a police interview in march on a historical matter

i live in Scotland and the police interview is in England
i require a solicitor so i called Chris Saltrese solicitors sadly they do not do legal aid i then called McCluskey Browne Solicitors but because the police interview is in England i would need an English solicitor so i called an English solicitor in the area of the interview and was told because i lived in scotland i would need to engage a solicitor from here

i am on a merry go round i am confused can you help me i would give more details but not on this open page sorry for the cloak and dagger i am just terrified of this situation

yours sincerely

Drake " "

Sorry youve had to join us. Not familiar with this but the first thing I would ask is to the requesting officers can the interview be conducted at your local station? Rather than you have to travel.

[Drake]

hi thank you for the reply

I did ask if they could come to my local office there reply was because it is in Scotland the law is differant and the closet place they could goto was newcastle which is 93 miles away from me

[tigertiger]

Regarding interview in Scotland for in England I found the following guidlines on http://www.kent.police.uk/about_us/p...s/n/n065q.html
It would appear you can be interviewed locally.

Section 5

5. Suspects in Scotland (interview evidence required for prosecutions in England and Wales)


5.1. PACE 1984 Codes of Practice governing the interview of suspects do not apply in Scotland. There is no statutory or common-law requirement that an interview should be tape recorded in Scotland. Whether or not an interview is tape-recorded or not in Scotland is currently a matter for local Force policy. As a guide, offences dealt with by CID departments generally are. The suspect is also not entitled to legal representation during an interview nor are they warned that a failure to answer questions may harm their defence.


5.2. In view of the above, in investigations of a serious nature, English and Welsh constables should attend in Scotland and arrest the suspect and bring him/her back to the nearest convenient police station in the jurisdiction in which the offence is being investigated (137(1) and 137(7)(a) of the Criminal Justice and Public Order Act 1994).


5.3. Scottish officers do not have any statutory or common law powers to detain or arrest a suspect without warrant (on behalf of English/Welsh officers) who is believed to have committed an offence in England and Wales. If there is insufficient evidence for the issue of a warrant, and the case is not sufficiently serious to justify English / Welsh officers travelling to Scotland to exercise their cross-border powers under the Act, Scottish officers can be requested to invite the suspect to attend at a police station on a voluntary basis for interview under caution.


5.4. The officer seeking to arrest the person should seek to inform the commanding officer in the area where the person is resident.


5.5. It is also expected that the visiting officer should bring with them sufficient vehicles and other equipment to carry out the arrest.


5.6. If an English / Welsh officer attends Scotland to interview a suspect following arrest or detention by a Scottish constable for Scottish offences, or a person has voluntarily agreed to be interviewed, the English / Welsh constable should comply, insofar as it is practical, with PACE.


5.7. Scottish constables interviewing suspects in Scotland when they are aware that the interview is required for a prosecution in England and Wales, should comply with Scottish law but should use the English / Welsh caution.


5.8. English / Welsh officers should assist interviewing Scottish officers by providing a schedule of points to be covered in an interview. This may include a list of appropriate questions.

[tigertiger]

hi thank you for the reply

I did ask if they could come to my local office there reply was because it is in Scotland the law is differant and the closet place they could goto was newcastle which is 93 miles away from me

I see, have you spoken to a Scotish solicitor yet? First thing perhaps to speak to a Scotish solicitor to find out what your position should be whether to go to england for interview with an english solicitor or whether you can actually get in done locally.


Im sure others might be on later who have heard or been in this scenario too

[Drake]

thank you i will have to re-read this a few times to understand it now all i need a solicitor , this is a nightmere the police are saying one thing , you just proved them wrong now i have to contact the police and see what they have to say , it live my life has been turn upside down frinds i have had for many year are beliving this vile rumor my heart is beating out control
sorry

i need to contact a solicitor

[tigertiger]

thank you i will have to re-read this a few times to understand it now all i need a solicitor , this is a nightmere the police are saying one thing , you just proved them wrong now i have to contact the police and see what they have to say , it live my life has been turn upside down frinds i have had for many year are beliving this vile rumor my heart is beating out control
sorry

i need to contact a solicitor

You will have had the shock of your life and one of the best advice ive seen a memeber on here give which is simple but effective slowly put one foot in front of the other and breathe. You can wade through this sh#t and over come it one step at a time. Gather some opinions from Scotish solicitors about local interviews then take it from there.

[Drake]

Regarding interview in Scotland for in England I found the following guidlines on http://www.kent.police.uk/about_us/p...s/n/n065q.html
It would appear you can be interviewed locally.

Section 5

5. Suspects in Scotland (interview evidence required for prosecutions in England and Wales)


5.1. PACE 1984 Codes of Practice governing the interview of suspects do not apply in Scotland. There is no statutory or common-law requirement that an interview should be tape recorded in Scotland. Whether or not an interview is tape-recorded or not in Scotland is currently a matter for local Force policy. As a guide, offences dealt with by CID departments generally are. The suspect is also not entitled to legal representation during an interview nor are they warned that a failure to answer questions may harm their defence.


5.2. In view of the above, in investigations of a serious nature, English and Welsh constables should attend in Scotland and arrest the suspect and bring him/her back to the nearest convenient police station in the jurisdiction in which the offence is being investigated (137(1) and 137(7)(a) of the Criminal Justice and Public Order Act 1994).


5.3. Scottish officers do not have any statutory or common law powers to detain or arrest a suspect without warrant (on behalf of English/Welsh officers) who is believed to have committed an offence in England and Wales. If there is insufficient evidence for the issue of a warrant, and the case is not sufficiently serious to justify English / Welsh officers travelling to Scotland to exercise their cross-border powers under the Act, Scottish officers can be requested to invite the suspect to attend at a police station on a voluntary basis for interview under caution.


5.4. The officer seeking to arrest the person should seek to inform the commanding officer in the area where the person is resident.


5.5. It is also expected that the visiting officer should bring with them sufficient vehicles and other equipment to carry out the arrest.


5.6. If an English / Welsh officer attends Scotland to interview a suspect following arrest or detention by a Scottish constable for Scottish offences, or a person has voluntarily agreed to be interviewed, the English / Welsh constable should comply, insofar as it is practical, with PACE.


5.7. Scottish constables interviewing suspects in Scotland when they are aware that the interview is required for a prosecution in England and Wales, should comply with Scottish law but should use the English / Welsh caution.


5.8. English / Welsh officers should assist interviewing Scottish officers by providing a schedule of points to be covered in an interview. This may include a list of appropriate questions.

thank you for this but i wish he would write it in some form of english that i could understand i have found it very helpful ,, i have contacted a solicitor but he is in court atm and will call the second he is free thanks again for the help feels alittle better now i can talk to someone

[tigertiger]

No problem. To confirm as well, if you went down to England it is your legal right to have an English solicitor for representation on legal aid regardless of where you are from. But I wouldnt be going anywhere firstly till I know if they can or cant intervew me locally first.

[Drake]

No problem. To confirm as well, if you went down to England it is your legal right to have an English solicitor for representation on legal aid regardless of where you are from. But I wouldnt be going anywhere firstly till I know if they can or cant intervew me locally first.

I have contacted McCluskey Browne Solicitors which i found on Useful Information, Specialist solicitors page i am just praying they will call me back soon I will post what they advise me to do

[tigertiger]

Well your on the right track and doing the right things, if you do have to go there getting a specialist solicitor to come with you is high priority. As its in March you've got time now to sort out who is going to come with you and where.

If you do go to England an interview under caution may happen or an arrest at the station before the interview is common standard routine proceedure and a bail after the interview. Bail is the main thing I think would be the reason I would want to be interviewed locally get them doing the leg work if possible rather than having to do several hundred mile trips to attend bail...

[tigertiger]

Just a couple of lawyers in Scotland I found that specialise in extradition, while this isnt an extradition case it may be interesting to hear their opinion on whether you would be easily allowed an interview in scotland as opposed to england. Id imagine them to be clued up on english scotlish police proceedure for interviews. No harm in asking I suppose save you waiting for news to give you food for thought.

By the way way I do not in any way recommend these firms for legal representation, just a google search for possible people who may be able to answer the question quickly over the phone.

http://www.goodandstewart-edinburgh.co.uk/
http://www.glasgow-lawyer.com/extrad...ual-assistance

[Drake]

Just a couple of lawyers in Scotland I found that specialise in extradition, while this isnt an extradition case it may be interesting to hear their opinion on whether you would be easily allowed an interview in scotland as opposed to england. Id imagine them to be clued up on english scotlish police proceedure for interviews. No harm in asking I suppose save you waiting for news to give you food for thought.

By the way way I do not in any way recommend these firms for legal representation, just a google search for possible people who may be able to answer the question quickly over the phone.

http://www.goodandstewart-edinburgh.co.uk/
http://www.glasgow-lawyer.com/extrad...ual-assistance

Good idea i will give them a call , still not heard from McCluskey Browne ,, this is doing my headin but i will call the above solicitors many thanks

[Drake]

thanks again Tigertiger i am going to take a break , hopefully a few more members might be on later i would like to hear there views too

[myhome]

Hi drake - welcome but sorry you had to find us. TT has given some excellent help and advice.

My FA (historical) originates from a county 300 miles away from where I now live, but I was interrogated in my local police station. I believe the police have a choice as to where they interview you. They could have dragged me back to that county or they could have sent their police officers down here. However, this doesn't cross a national boundary as yours does. In international cases police will fly to the other country to interview or they will get that person to come to this country. I understand that if I get arrested and charged, then the trial would be back in that county. Sorry I can't help re the Scottish/English dilemma.

However, I do know that when you are interviewed by the English police you are entitled in law to have a solicitor present. If you haven't got one then they will provide you with a duty solicitor. Their job is to see that the interview is conducted fairly and that you are treated properly and also to advise you whether you to answer the questions or give a "no comment" interview.

Whatever you do, do NOT talk tot he police without a solicitor present. Do not answer anything other than what they ask you - in other words don't volunteer any extra information especially if you think it will help you. The police have conviction targets to meet and are not necessarily out to find out who is telling the truth. If you do have any info save it for if you need it later.