Published on 12, July, 2020
Firstly: As the (annoying) commentry indicates we don't know all the facts here.
Secondly: It's a "zero hedge" article featuring PJW, so will be utter anathema to some people.
Thirdly: It's morbidly interesting, and somewhat thought provoking.
https://www.zerohedge.com/political/arrested-saying-lesbian
I'm still confused about what really happened or how the situation could have been handled.
Confiscated the phone? Under what authority? We are not yet a total police state.
The UK PACE caution is " Anything you do say may be given in evidence." That means the defence can use the interview to support their case.
I thought strictly speaking it was an adverse inference from saying something in court that you didn’t say previously. For example if you say ‘I couldn’t of stabbed him because I was in such and such a place’ in court when you never said it in the police interview.
this is why lawyers will have their clients go to the police interview read a statement that covers all of the facts that might be useful in their defence and then refuse to answer any questions. Because that way they have actually mentioned at interview things they rely on later at court.
Plus the twelve favours they hire for staff, wouldn’t want their pillows to go unfluffed, or their teacups to run dry.. twelve more pinches of earth..
That is there job after all, to give the CPS something to do, to do what the police crime commissioner tell them to, in all their unaccountable-earthy wisdom, which is to say as much as you could fit in a flower-pot..
I said may not, not do not ... if they get caught the evidence will be inadmissible. If they get caught...
How touchingly Naive...
Not in the UK. Police may not lie to a suspect.
DeSpereaux said:anything you do say will be given in evidence ‘against’ you.
so if saying nothing will be held against you in a court as will saying anything to the police - it does seem to me that it is best to make them have to work for any conviction whether deserved or not.
Yes anything you do say will be given in evidence ‘against’ you..
That's why you always say "no comment" in between asking for your rights, according to youtube lawyers.
I'm sure it's the same in the vast majority of countries (and worse in a bunch). They have a lot of power and unlike in TV, there are a lot of cops who are fine with getting an innocent person charged because it looks the same in the records if you get a conviction.
Idk exactly what the rules are in the UK, but Last Week Tonight did an episode about police interrogations in the US, and it's entirely legal for them to lie about evidence in order to get a fake confession.
Golf23 said:An Adverse inference can be drawn from No Comment especially if it ends up in court
It depends on whether you have done something wrong and don't want to make it easy for them to prove you guilty I guess - but I've known too many cases when the police manipulate the person being interviewed to get the result they want, irrespective of guilt.
Knowing former police officers and hearing their tales of what goes on only cements my cynacism of their impartiality.
My faith in the police force in the UK has been badly shaken.
An Adverse inference can be drawn from No Comment especially if it ends up in court, whilst you should listen and take in the advice your solicitor has told you, you also need to realise that only you make the decision to answer the questions put to you
As a general rule yes. But of course that’s not legal advice <_<
My lawyer said I should always say "no comment" to anything other than providing your name. Pretty sound advice.
And assisting them and unlocking it is a whole other level as well. you should always take legal advice before cooperating with a police request to access your personal data.
Ian said:Confiscated the phone? Under what authority?
https://www.jointhecops.co.uk/how-long-can-the-police-hold-your-phone/
In order for a police officer to seize your phone, they must have either been granted a warrant to do so or after an official arrest.
The police in the UK cannot legally obtain your mobile device without good reason. Therefore, if you find yourself in a situation where the police are involved, you do not need to hand over your mobile phone without a warrant or before an arrest.