Can You Be Charged Without Caution?

Originally written by Liz Lennox, updated by the editorial team on 12th September 2026

Mrs A.I asks

Can you be charged with an offence if you have never been interviewed under caution about it?

What the Police Caution Actually Means

When police suspect someone of a crime, they must follow set procedures. One of the most familiar is the caution: "You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."

The caution tells you that you can stay silent, but also warns that silence might be used against you later. Police must give this caution before questioning you about an offence and upon arrest if they intend to question you or use your reply as evidence.

Rights Situation Checker

Describe what has happened and find out which UK human rights protections apply and what you can do.

Try our Rights Situation Checker free, here on this site →

When Can Police Arrest You?

Police can arrest you if they have reasonable grounds to suspect you have committed, are committing, or are about to commit an offence. These grounds must be based on objective facts, not guesswork or a hunch. This might happen during a stop and search, or if they witness something directly.

Being caught in the act gives police clear grounds for arrest. They can take you to a police station, where formal procedures begin.

Once arrested, you should be told that you are under arrest, the reason for your arrest, and the caution.

If police fail to caution you properly, this does not automatically prevent a charge. However, any statements you made without a proper caution may be ruled inadmissible as evidence in court. Breaches of the Police and Criminal Evidence Act 1984 (PACE) during arrest or questioning can affect both the admissibility of evidence and whether the process is considered fair.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

What Happens at the Police Station

After arrest, you will be taken to a custody suite. A custody officer will record your details and explain your rights, including free legal advice, having someone informed of your arrest, and access to the Codes of Practice governing police powers.

Interviews take place under caution. You can have a solicitor present, and this is usually advisable. The duty solicitor service is free and available around the clock.

Once questioning ends, police may charge you, release you under investigation, release you on bail, or release you without further action. In many cases, charging decisions involve consultation with the Crown Prosecution Service (CPS), particularly for more serious offences. Police can also apply to a magistrates' court for extra time to hold you while they gather more evidence.

Can You Be Charged Without a Caution?

The caution itself does not determine whether you can be charged. Charging decisions depend on the evidence available and, often, CPS guidance. The caution protects your rights during questioning rather than governing whether a prosecution can proceed.

That said, failing to follow proper procedures can weaken the prosecution's case. If you believe your rights were not respected during an arrest or interview, raise this with a solicitor.

For detailed information on police powers and your rights in custody, see the GOV.UK guidance on being arrested. Citizens Advice also explains what to expect if you are detained by police.

If you think your rights were not respected during an interaction with police, you can use our free Rights Situation Checker to outline what happened and get guidance on possible next steps.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Rights Situation Checker lets you describe what has happened and find out which UK human rights protections apply and what you can do. Try it now →

145 questions

Ask About Human Rights a Question

AboutHumanRights Editor 21/05/2026 at 9:18 am

@Big cheese Released under investigation basically means the police didn't have enough to charge you yet, but the case is still open while they gather more, so no time limit on bail applies. The search and clothing swap are standard if they suspected evidence on you, or your own clothes were needed for forensics. Not being interviewed isn't unusual either; they can interview you later by appointment. If you're worried, ring the custody desk and ask for your custody record, you're entitled to a copy.

Big cheese 30/11/2023 at 1:20 am

So I was arrested from my home for something but I was taken to police station searched trousers took off me for there own trousers and checked around my boxers put into a holding cell with a police officer for roughly one hour to be told I’m being released with in obligation to hold me also without an interview is this legal

Mervin 21/11/2023 at 5:41 pm

Can I be taken to court when no Interview was done and was on bail awaiting a new date to return for interview.

Jay 23/09/2023 at 7:09 pm

I was arrested on suspension of abh. When I was arrested at the time they had no witness statements an no evidence based solely on hearsay of a supposed witness. After cctv footage showing I was completely innocent I was interviewed and released on NFA are they grounds to get compensation for the loss of wages for the time I was in custody and was the arrest lawful?

Richard 30/07/2023 at 4:03 pm

Back in January 2023 I was arrested alleged non fatal strangulation my girl friend for three year and two counts off A.B.H which are questionable as we were involved in a domestic violent case where I was attacked first in my home and she smashed my i phone and my TV and punched me in my and scratched my arm were evident s were taken by the police. Yet I have now since court added control and cohesive behavior which I was never interview about or cautioned or charged at any police station just added on without even mentioning this charged until the court date is this correct behavior by the police . I am a black man who feels hatered and set up by the victim and the police because they have not looked into or investigated this case properly before these charges were made. I need to let people know ..

1314 22/06/2023 at 2:13 am

Can I be charged without being interviewed? Can police decide not to contact witnesses that would have prevented me from getting charged in the first place. Have they investigated right if they knew that witnesses where present.
What happens after I got to my plea dose the prosecutor fiscal then decide to speak to my witnesses?

T Boo 16/05/2023 at 10:58 am

I was arrested after fighting off my violent partner, now ex. In court I was found guilty of this but I was also found guilty of assault on my son, something I wasn't arrested on, read rights, charged or questioned. My solicitor made that point in court but the judge went ahead regardless of my adult son protesting that there was no such assault too. I asked about appealing and my solicitor told me the way the judge worked I could be sentenced to a custodial sentence as an outcome, what do I do?

Katelyn44 29/12/2020 at 5:48 am

Hi so i have a question. My boyfriend and i had got into a fight he pushed my arm some guy walked by and seen it happen the guy was yelling why you hitting a women like that why dont you hit me so my boyfriend made threats to the guy then this other people pull up and start making it worse so my boyfriend made threats the dude happened to punch my underage boyfriend who is 17 and the guy looked like he was in his 30s i talked to the cops they asked if i wanted to press charges i said nope they kept asking me i said no they have no statement of me or anything. So my question is. Can my boyfriend still be charged with assault even though i told the cops not to charge him?

Ruben210 08/11/2020 at 4:34 pm

Hello,
I was arrested because the hotel do mistake and say the person who gone in room A1 was me and in that room was a gun. Police have arrested me and having take my phones and all my stuff what I had to hotel and put me on bail to not go To Westminster.and to divine every week police station
The problem it’s Who was the gun I know the guy and the guy coming on my room and put the gun on my safe who was open I take from safe and give back and put the guy outside from my room and the guy gone another room and 2 days I not had any connection with him And after 2 days I was arrested by police because The reception Doing mistake say I gone in the room where the gun was police have right to put on bail just because I know the guy and I see him with the gun?

ali 05/11/2020 at 9:16 pm

can i be taking to court but ive not been charged police are saying they could not charge me or interview me because of the covid but was eased off in june but offence was to have taking place in december

Tilb 28/09/2020 at 4:10 pm

Can the police take my victim statement then question the other and also get evidence from another. Later call me and say the police want to take it to court, themn some weeks later I get a call to say how I am doing and to tell me they are building a story. Say.... 2 weeks later, call me again and say they are not taking it to court now because the evidence is not independent and it took to long for me to contact them.??
I think its a cover up for something else as there has been lots of troubles with the neighbours over the covid period, the police were also not interested in the flat that is cultervating cannabis in our street. Any advise

CM 18/05/2020 at 5:02 pm

If arrested by the police for drunk and disorderly in England, will I be interviewed?

CM 18/05/2020 at 5:00 pm

If arrested by the police in England for breach of the peace, will I be interviewd?

Gg 20/02/2020 at 11:39 am

I have been made aware by bullying managers in my organisation that I was microchipped in an nhs hospital without my knowledge. This was part of a wider gangstalking by authorities abusing their power. Now everyone is maintaining a conspiracy of silence. Is this now happening in the UK? When I went back to challenge my GP, they threatened to deregister me from the practice. Now I am afraid they will try to silence me for good.

Munnsie 22/01/2020 at 9:29 pm

I was pulled over for speeding on a motor way. Regret it big time and I’m not a speed demon.
The officer asked me to get into his car, when in there I was there for maybe 1 min, gave me a verbal telling off but mentioned Notice of Intended Prosecution. I was so nervous I didn’t ask but now I look over it I’m even more worried.
I have read up a bit, if I’m suspected of an offence, I’m meant to get the “caution” where you get told anything you say can be given as evidence.
Literally, got in his car, told me off, checked my details on his computer and sent me on my way.
Any idea what may happen or what to expect? Can’t sleep or eat I’m so nervous

Sm 18/01/2020 at 11:12 am

Is it legal and lawful to be prosecuted at court in Scotland without ever being cautioned charged and read my rights anytime before court case? Is it not unlawful to be taken to court again by proceeds of crime whilst it is against the law and government guidelines as what I was convicted for is not in the proceeds of crime remit. ie a conviction which they can take to court for. My final conviction isn’t in the proceeds of crime remit to even take someone to court by the government own guidelines and law So therefore it was indeed unlawful and illegal to do so. Is it not illegal for proceeds of crime to use evidence against you that has nothing whatsoever to do with yourself but another individual in an entirely separate court case and indeed no one was ever convicted at all with the evidence (so called) that was put in evidence against myself and which was nothing to do with me. I find it shocking as well that police put up severely false and untrue evidence to the crown and court and basically lies in a case against myself which was proven and upheld(police lies) in complaint I made to police which I have in writing and fully official Yet still stay in the job In the police force and that’s all fine and well. My opinion that’s ten times worse than a member of public committing perjury in a court when police are doing this submitting evidence to the court and crown for court cases!!! Seeing at the outset I was never cautioned charged arrested or read my rights I fail to see how I could have been taken to court in a case in Scotland unless I have no civil rights?? If someone knows an answer to these actions I’d be very interested to hear them. Thanks

Hhhh 25/11/2019 at 12:51 pm

Can you be charged by the police later in a case of passion of drugs and realised on the night of the offence?

Dino 01/10/2019 at 11:12 am

A friend of mine has been under investigation for 11 month now, why is it taking so long

Daz 13/08/2019 at 2:05 pm

Hi I was involved in an RTA April last year I heard nothing until September when a officer turned up asking me to give a statement so I did. I then received a summons in late December. The CPS was charging me for failing to stop and careless driving when I got to court the CPS withdrawn the charge and then a month later summons me for dangerous driving I wasn't cautioned and it had also been 8 months for them to log the summons to Court how do I stand

Trev 16/07/2019 at 2:14 pm

Can you be released no paperwork no charges then be charged later on

sadia 07/07/2019 at 1:38 pm

Hello everyone i am in desperate need of help. I was given a warning call by police to leave my ex boyfriend alone as its harrasement. After that my mother had a conversation with my ex and he agreed to resolve the complain. Later on he taked to me and said he will marry me. I waited for his call that never came and then out of emotional out burst and worry i called him 70 times and went to his place . He staright away called police and said shes breached warning and is here .They arrested me detained me for 22 hrs. Now released on Bail with condition of not contacting him and called me on again on a date to surrender. my case is with CPS. can i know if they will charge me to convict or will they give me a caution. I have admitted my mistake appologized and promised not to do it again during police interview. Will they still take it to court or rather just fine me and let me off with a caution . I am very much worried here.

Bigman 20/06/2019 at 9:07 pm

Hi,
I was charged with money laundering in March 5th 2019 and was told that a letter would come through the post for a date to go too magistrate court. I’m still waiting... it’s now nearly July 2019 and that’ll be four months since I got a phone call of the DS saying I was being charged. I’m just wondering how long does it usually take to get a court date?

Thanks

help plz 06/06/2019 at 10:58 pm

my son was recalled bk to prison after a breach off peace during this time theres been alegations off other offences , my son has never been interviewed but police sent a report to proculator fiscale 9 months ago but we are getting no response from the proculator fiscale , can they keep these allegations or charges hanging over him or is there a time scale

Claire 31/05/2019 at 11:00 am

My partner was recalled last night for having a drink I can't find out any information no one will tell me anythink would just like some advice as how long can they keep him he only had 2 months left on licence any help would be appreciated

Leah Flowers 26/05/2019 at 9:17 pm

Hi i was put on bail under caunion and accused of intimidating a witness, I have a witness that can prove I was with them but they have not spoke to him.
I go back for my bail Wednesday, why haven't they spoke to my witnesses.

Ash 14/05/2019 at 4:56 am

Two months ago, I was sitting in my car in McDonald’s it was the early hours of the morning. I’d had a drink the police was called as someone smelt alcohol on my breath. Police arrived, I wasn’t actually driving, wasn’t drunk but I was clearly over the limit. I was compliant with the police, they also was very polite. I wasn’t cuffed.
Got took in. Tried one breathe machine but it kept failing, tried anther that also kept failing. Not due to my efforts just old poor machine. Finally took my reading. And I was over the limit which we knew.
I was placed into a cell. 3hrs later taken out took my dna prints put back into the cell. Left there for another 9 hours. Then released with insufficient evidence. Heard nothing for 2months. Then today got a court summons saying I’m being charged, I haven’t been interviewed or anything?
I’d like to know where I stand.

Jade 16/04/2019 at 7:54 am

I was invited to attend a Court Panel Meeting by the local authority for my son's non-attendance at school. The correspondence included a 'warning letter' advising that I would be interviewed under caution. My understanding from contacting a number of advice lines was that the interview would be audio-recorded and I would receive a copy of the recording/transcript. This did not happen; instead the Education Courts Team advised my solicitor that the interview was a 'fact-finding' exercise so she didn't attend, as I could only obtain Legal Aid for an interview under caution. Thereafter, 4 months later I received a summons to attend Magistrates Court, with no correspondence whatsoever in between. Is this legal? I think there has been an abuse of process.

J 09/04/2019 at 4:34 pm

I have been told by my work that I stole 17500 due to an in balance in lotto figures And I need to pay this back.they gave me no time limit to pay it back.,now they say they will get police ,this was 4 months ago. They haven't shown me any proof of this
What can I do and how long will a court case take to be heard

Ash 06/03/2019 at 11:44 am

I was arrested for GBH in December last year and was re bail for 3 months
I am back to answer bail on the 13 the March but todate me and my legal have not had any updates what's the most likely out come when I attended my bail this time ???

Fdkdes 26/02/2019 at 5:27 am

If someone attends a voluntary interview, how long do the police have to make a decision on that. Would it take 18-24 months to decide if that person was being charged with an offence.

jamierudd123 30/01/2019 at 2:45 pm

can you be charged under caution without being arrested first under an enditible offence

Scotsguy 04/12/2018 at 2:20 pm

Hi,as per your response to my post on 5th June 2018. There is no charge sheet I’m aware of or ever seen. Initially the charge was of having cannabis with intent to supply which was dropped at court to personal use. Anyway as stated before I was detained for a search of the home I live in. Afterward I was NEVER charged never cautioned never arrested. Then received a letter to attend court on charges. I attended court and was convicted and fined. Iam baffled as never charged formally. Never arrested. Never interviewed. Never cautioned after the search of my home just letter from procurator fiscal saying charged go to court. Is this the legal and lawful system in Scotland and the uk now. I’m thinking I would be better taking chances in a third world court as at least they would charge you and read me my rights. I find this utterly shocking and like every right I have was thrown right out the window. Any advice be appreciated. Thanks.

Kah 24/10/2018 at 9:01 pm

Back in approx May '18 my bf had a an argument on a train in surrey. Undercover traffic cops pinned him down and he was arrested then released next day without charge. He was invited for a voluntary interview a few weeks later which he attended with no further arrests,cautions or anything. A letter came saying he had to appear in court over this matter..?? We were on holiday and didnt think too much of it so he didnt go. Then today, about 5 months later, police turned up to take him into custody for court in the morning! Does this sound right to any legal experts out there? He hasn't been charged with a crime so why are they taking his liberty (albeit for one night...according to the officers). What's going on?
Many thanks

AboutHumanRights Editor 10/08/2018 at 11:29 am

You would need to seek professional legal advice on this. The police would not really arrest you/hold you in custody unless they had some basis for it.

Kaz 08/08/2018 at 7:58 pm

Police came to my home an told me I hate to come up the sration as I was accused of being racist an threatened a child the person who called told them they didn't know who it was but as I was in the home they took me with no evidence or cctv or description of who it was I was held in cell till statement taken. Can they do this? I'm in England.

Izzy 15/07/2018 at 11:43 pm

Can the police charge a suspect with a crime without first interviewing them or taking a statement from them? (Scots Law)

Rob 08/07/2018 at 3:33 am

This IS a hypothetical question. If I am forced into a physical exchange, do nothing more than hit the man until he falls, leavng him with nothing more than a sore chin and leave, with no video footage/CCTV and maybe one witness. I'm then not arrested on the spotrain but the the man in question decides he wants to charge me, am I likely to be found guilty of anything?

rakles 07/07/2018 at 3:06 pm

Hi, im hoping that someone may be able to shed some light on the situation im in.
I was drug raided September 17, they found my weed, (kept in my locked filing cabinet) which I smoke for pain relief, they also found cocaine, under my sofa in my lounge, that i knew nothing about. Due to very poor health, i wasn't arrested, but had a voluntary interview in February 18. Was advised by the interviewing officer that the cps were backlogged, but should have an outcome by April 18. I've tried numerous times to speak to the officer in charge of the case, but nothing. My solicitor hasn't been able to get hold of him either. I had my phone given back to me after the interview as it was clean. We're now in July 18, and im at a loss as to how to proceed. Surely I'd have been charged with something or dismissed by now,? Any idea why it's taking so long, and how can i get an answer,? This is having a huge impact on my health.
Many thanks in advance,

Caz 30/06/2018 at 6:31 pm

Hi my dad was involved in a road traffic accident early last year...he has to appear in court soon..as my dad was the driver behind the vehicle that slammed their brakes on and unfortunately 2 people died in this accident .but he has not been charged by the police in person they have done this over email. Is this the correct way that they can do this.
I would be grateful for any help you can give me
Thank you

Debsydoo 25/06/2018 at 8:37 pm

Hi in April 2017 and Oct 2017 police searched my house. They took some bits and cash and arrested my son. He was released both times and told he may hear from them. He then received a letter saying the case had been shelved but if new evidence was found he could be charged. He heard nothing else until last week when he got a letter to attend court as he is now charged with the offence. My question is should they not have arrested him and charged him under caution?

Sad Soul 09/06/2018 at 9:17 pm

I was arrested 4 months ago (12.2.18) for trying to purchase a flashlight online last summer, unbeknownst to me the flashlight had a taser built inside it I did not know this as it wasn’t shown in the pictures or mentioned in the description, the item never arrived I was refunded and had forgotten all about it, the app I tried to purchase it from was called “geek” a legit app where I have purchased countless items such as speakers and games consoles, the police showed up at my house searched everywhere found nothing but still arrested me, I explained what happened and was realised after 20 mins but was cautioned and had my iPhone taken from me, I had suffered abuse early in my life and was constantly reading support pages about abuse and such on my iPhone to help me, the police say they will go through my iPhone to check about the flashlight can they look at what I’ve been reading and say something to me?

I managed to get ahold of the arresting office this week after 6 weeks of phoning, and he says the police fiscal will now decide if it will go to court or not? Even though it’s not related to the flashlight can the court bring up I have visited abuse pages?

Also i found out that the arresting officer kept my iPhone is in possession for at least a week before handing it in to the proper tech staff, is he allowed to do this? Cause for all I know he’s been going through my iPhone and looking at pics of daughter, I mentioned it to his sergeant but he refused to do anything about it I was so angry

AboutHumanRights Editor 05/06/2018 at 10:07 am

Is there is a charge sheet, you have been charged...contact a solicitor for some advice. What was the offence?

Scotsguy 04/06/2018 at 8:45 am

Hi,in jan 2017 I was detained by police till they searched property I was in with a search warrant. Upon finishing the search i wasn’t charged cautioned or arrested (I was strip searched also by only one officer which felt really violating ). Anyway around five months pass when I receive a letter from procurator fiscal with charges to attend court. This baffles me as I was only detained for a search and I was never cautioned charged arrested or indeed read my rights and I was looking to know is this now legal acceptable lawful practIce in Scotland and the uk now. Police also seized money from myself but when it left my home and mentioned on charge sheet it is hundreds of pounds less which is shocking to me as only place it went was to the police and fiscal so any advice to make complaint on that would be fab. Thanks

Debs 21/04/2018 at 8:38 pm

A work colleague has made a false allegation about me & I’ve been suspended from work, this is the 5th week I’ve been off. She’s a nurse & I’m a healthcare assistant she’s said I hit a patient which is untrue but there’s no evidence or witnesses. The patient is elderly with dementia so cannot provide any evidence therefore it’s her word against mine.Ive voluntarily given a statement to the police who couldn’t make a decision so said it would be passed to the CPS. The police said I could have a long wait to hear from them with their decision to take it to the majestrates court or not. My question is, do you think the CPS will send to to the majestrates court? Thanks, Debs

Debs 21/04/2018 at 8:25 pm

Hi, a work colleague has made a false allegation about me & I have been suspended from work pending an investigation. She’s a nurse & I’m a healthcare assistant, she’s accused me of hitting a patient but it’s her word against mine as the patient has dementia & is elderly.This is my 5th week of suspension which I’m sure will be extended as the investigation isn’t over yet. I’ve voluntarily given a statement to the police but as yet work have not requested the same. The police informed me this week that they are unable to make a decision about the case due to lack of evidence & witnesses. They are passing it onto the CPS but said I could have a long wait to hear from them..I was not arrested or charged & I’m definitely innocent & will plead not guilty if it goes to the majestrates court..My question is, do you think it will go to the majestrates court as the police said there’s insufficient evidence & witnesses, it’s her word against mine? Thanks, Debs

Don't.have.a.clue 20/04/2018 at 6:40 am

Hi I broke my top-up up supervision but the. I whent to Scotland on the run . but now its been 6 months now and my top up supervision period has now ended . I called probation and they have advised me that I'm not on probation no longer but I'm still worried that could they still recall me to prison because I broke my conditions before the end date . help please

Chris 17/04/2018 at 2:14 pm

Police knocked on door and asked for me and said could they have my mobile number as office wanted to call me ref a follow up incident not said what
Officer called and said think I am on cctv taking a mobile phone not me
As going on holiday said back on the 19th he said call then what do I do

Okay 13/04/2018 at 10:54 pm

You need to go and tell the police about these things you have made up, it is the right thing to do.
I did write out a longer answer but it seems to have not shown up, i will try again, basically it was a bad idea to make these things up, you will probably be charged with something and have to appear in court but i would expect the punishment to be nothing too detrimental/serious, as you have said he had been abusive in the past, a solicitor may be able to go through mitigating circumstances,i am no professional by any means, once again good luck with your situation.

Okay 13/04/2018 at 10:42 pm

Also if you spoke with a solicitor he may be able to help you with any mitigating circumstances that led to you making things up. Good luck with your problem

M.m 08/04/2018 at 10:33 pm

I have a qustion plz need advice. I have been in abusive relationship for 5 years but we are divorced and he want to see his son. Bcoz i suffer from depression every time i see him i get really angry with him. So one day he came i call the police and accused him of threats toward me and aslo he slap my son. Ge is in prison i really want revenge but i feel guilty coz i make lots of lies on that day. I want to go to the police and tell the truth. How much trouble i am in?

FellOffWagon 03/04/2018 at 4:17 pm

Thankyou for responding, i appreciate your advice, thankyou for your time. I will speak to a solicitor regarding the allegations as i have found out that they had been made up to get me removed from the property, what ever gets mentioned in court so be it, legal advice shall be sought

AboutHumanRights Editor 03/04/2018 at 3:23 pm

Unfortunately we cannot offer this facilitiy since there is no "login" required - we do that to make it easier for people to post anonymously (it's highly unlilkely that anything posted here could be used in a court of law).

AboutHumanRights Editor 03/04/2018 at 3:20 pm

We have already responded to your post (for some reason you used a different nick name though). Please note, we do not answer all questions. This is a comments section not a questions section and is for readers to add feed back and for other readers to help out if they can. We do try and answer some of the questions posed whenever we can. Note that if you need professional legal help then you should do so - we cannot give individual advice in place of this.

AboutHumanRights Editor 03/04/2018 at 3:03 pm

The courts usually ask the police to give evidence of what happened at the scene, so will be able to repeat any comments in court. Your solicitor (or Citizens' Advice) will be able to help further.

Hash14100 30/03/2018 at 9:00 pm

I was wondering it would be a good idea to include an edit comment section in your comments section for the person who has wrote a comment as this would make it easier for people to ammend and add to their comments as things progress weather that be in the court of law or if they have anything to add to their comments that they have missed out

Felloffwagon 30/03/2018 at 8:54 pm

Hello i have posted my question my times now and have not received any sort of response what are your general response times.....

ash14100 30/03/2018 at 7:38 pm

EDITED POST : Hello i am wondering if you can give me any advice i was arrested at my home address after a domestic altercation, the police were wearing body cams and my family members both made comments to what supposedly/allegedly had happened, but never made statements ( probably because it was untrue), a family member called the police to report me acting in a aggressive manner and was scared etc, i am wondering if any of this can be brought up by the prosecution,
it is only what has been said to the police when they attended, Also i feel awful about the night as i had relapsed and ended up in the back of a police van!!!, i am a recovering alcoholic who foolishly thought could have a few small bottles of lager but in the end ended up getting really drunk and have no recollection of the nights events after becoming extremely intoxicated. I cant even remember resisting arrest
So my main question is can the (false) allegations my family members made against me be brought up by the prosecution even though they both made no statements, only told to the arresting officers once i was in the van ( so i had been told ). Previously i had rushed my comment asking for advice without going into the fact i know the allegations to be false/made up.Thankyou for reading

FellOffWagon 29/03/2018 at 12:13 pm

Also since i have posted both of my comments in the wrong place, since it has nothing to do with "being charged without a caution" if any admin can remove my posts it would be much appreciated, Thankyou for your time.

FellOffwagon 29/03/2018 at 12:04 pm

Hello regarding my earlier post, just a follow up as i rushed the first post it was inaccurate, the allegations and what were said to the police on the night were false in my opinion, regarding the incident i feel awful for resisting the arrest and making a fool of myself on the front street. Just to set the record straight, thankyou for reading have a nice day

Joseph 18/03/2018 at 11:53 am

Morning ...

I had to attend court this week after fiscal I Scotland decided I had a charge to answer to...

Around six months ago I was phoned by a police office and ask to help with a complaint .. I told the office I new nothing about it ... she said I would get a police caution to stop matters going to court..so I said I would except this caution to help out..please bear in mind I was never charged or caution under law .. this was all on a phone call...

So a few months later she phones me again an said I would have to now go to court...I told her I had never been charged or caution she said it does not matter in Scotland.. Wow ok ...

So long story short I have still never been charged or cautioned but when to court last week I told the fiscal I would like it remanded for 4 weeks to allow some chat to take place...

Tbh I feel my legeal right as a eu member been broken ...

But I have never been cautioned so I have never had to explain if in fact I had any part of the charge I'm charged with...

FellOffWagon 17/03/2018 at 7:29 pm

Hello i am wondering if you can give me any advice i was arrested at my home address after a domestic altercation, the police were wearing body cams and my family members both made comments to what had happened, but never made a statement, a family member called the police to report me acting in a violent manner and was scared etc, i am wondering if any of this can be brought up by the prosecution in court as neither of my family members made an official statement, it is only what has been said to the police when they attended

P.S i feel awful about the incident i am a recovering alcoholic who foolishly thought i could have a few small bottles of lager but in the end ended up getting really drunk and have no recollection of the nights events after becoming extremely intoxicated. I cant even remember resisting arrest, also NFA on police assault, could that be brought up even though the charges were dropped ?

So my main question is can the allegations my family members made against me be brought up by the prosecution even though they both made no statements, only told to the arresting officers once i was in the van ( so i had been told )

Hattie 15/03/2018 at 3:34 am

Me and my partner had an altercation when I was under the influence that ended with me lashing out.. he stopped all contact with himself and my daughter but 2 days later met up with me and allowed me back home. He made the statement on the Friday but on the Monday he retracted and we carried on trying to improve our relationship.. sadly our relationship broke down again and ended with me and my 8 week old being kicked out of our accommodation on his terms. I am staying at a friends house and am being put into emergency accommodation. I have offered several times for him to see my daughter on the terms that she returns to me and we meet in a public place but he's refused.. now he's gone and written a statement to pressed charges on the alleged assault even after he dropped them. This is clearly vindictive and he's trying whatever path to get my daughter taken off me. I have no history of violence and am clean as a whistle. Where do I stand in regards to the alleged assault charges and does this mean I'll have my daughter taken away from me. I'm so upset that it has got to this and that he is doing this to me.. there is much more to the story but my worry is loosing my baby. Can anyone help?

Wondering 14/03/2018 at 1:11 am

My ex husband attacked my current husband 2 months ago. My ex husband went to the police and told them loads of lies that my husband attacked him with a hammer. My husband was asked to attend an appointment at the police station which he did. He wasn't arrested or charged and was free to leave at any time. He was told my ex husband went to the hospital but there is no medical paperwork. We know there isn't because my husband didn't hit him with a hammer!! My hubby literally got my ex in a headlock and told him to stop trying to start fights with him (10 Years of abuse from my ex cs he's bitter I left him)
Upon leaving the interview room the officer said my hubby is getting done for GBH and carrying an offensive weapon. However, he wasn't arrested or cautioned or anything. It all seems so unfair when my ex started it and my hubby had worse injuries than my ex did but we didn't think to take pics. Police have pics of my ex that shows a few red marks on his face and scratches on his hands.
Can someone tell me what happens now please cs this isn't making sense to me.
Thank you in advance.

AboutHumanRights Editor 12/02/2018 at 3:29 pm

If you feel correct police procedure was not followed, you should make a formal complaint. ( Here are the IPCC details )

Anon 10/02/2018 at 3:20 pm

I was arrested and held for just over 24 hours before being charged. I was charged with drunk and disorderly and assaulting a police officer. I asked to see a solicitor on more than one occasion and did not see one. I was released on bail and not interviewed. I also asked for medical help for bump on head and was told the medic would see me. Medic never saw me. Is this right?

AboutHumanRights Editor 24/01/2018 at 12:17 pm

Why not contact the police officer who gave you his number and incident number? They should be able to tell you whether a court hearing has been applied for.

Shed 23/01/2018 at 3:58 pm

Hello from Scotland,
A few months ago whilst I was care working, me and the 17 yr old lad I was caring were having some horseplay like we always had done in the past. Suddenly, out of the blue he accuses me of hitting him and gets the other care worker on duty to support him.
I was suspended from work (while enquiries and statements were taken) and then a week or so later the police turned up on my doorstep.
They were very nice about it all and basically said they had the joint statements from the lad and other carer but it was pretty sketchy.
They didnt take a statement off me, or charge me but then said the report goes to the Fiscal Procurator and I should wait to hear something.
The policeman left his phone number and Incident number and said to get in touch if I was worried about anything.
That was nearly 6 months ago which meantime I lost my job via kangeroo court in which they found me guilty.
I have not heard from the police or Fiscal Procurator since...
what shall I do next?

Beev 19/01/2018 at 12:28 pm

Police turned up at my door wanting to go over a statement for the prosecutor fiscal. What could this be for and what will happen??

Tish 12/01/2018 at 11:47 pm

Can I appeal against the polices decision? I was assaulted there was statements,CCTV footage,photo evidence & witnesses & the policeman dealing with my case said there was enough evidence.However because of the location of the offender the interview finally took place in one of her near home towns with a different wpc.All they did to offender was give a caution.Ive had huge problems psychologically since attack but the wpc said that's the end of it now but I'm not happy with how I was spoken to by her or the final outcome so I'd like to know if I can appeal against it so to get offender charged.

AboutHumanRights Editor 10/01/2018 at 3:44 pm

Once the CPS has decided to prosecute they will usually go ahead with it if there is sufficient evidence.

Soph 10/01/2018 at 12:45 am

Me and my boyfriend had a arguement and he hit me. He had alcohol at the time. He has never done this but at the time I was upset and angry I made a statement about him and then more because he was posting on social media about me. He is being charged with common assault,witness imtimedation and harassment. In this time I have retracted my statement still stating its true but I don’t want to carry on with the case. In the time of the assault and police looking for him I met up with numerous of times when he wasn’t aloud. I have wrote to CPS saying I don’t want to go court and that I’m still in a relationship. But there carrying it on which is causing me upset and stress. They have summoned me but I am still not going. My partner has been remanded till trial date on 24th but he was Licence till September and what can happen and how do I stop it all?

Jez 06/12/2017 at 1:07 pm

Police were called to my house by someone unknow but window ended up smashing as i was knocking on it but it wasnt tempered glass all changed now and was expected but no one in the house then i got caught with small quantity of class a waited with police while other police officers went to my girlfriends mothers to get keys off girlfriend to get in to my house then they came in seen no one here went away that was all fine nothing about anything then few days later getting calls off domestic abuse /social services.girlfriend chatted with them and police had exaggerated everything but all fine they just said they basically had to follow it up. Now a month after it they came to the house now i getting done for the class a and social ringing again no kids anywhere no one beating anyone think they trying to play a game i done everthing they asked just wondering are they allowed to do this thanks in advanced

Mum 17/11/2017 at 2:03 pm

My son got summoned to court been charged with having illegal drugs (cannabis) on him the drug had been dropped to the ground by his friend and picked up by the garda. The said they could smell it off my son so therefore it had to be his. They then told him that if he didn't sign to say it was his he would be brought to the station and strip searched and his family would be disgusted with him. This is a 19 yr old who broke down crying and was told this was just a warning then 5months later gets a summons to appear in court and answer these charges he was not arrested or charged at the time so where does he stand legally?

Mx 16/11/2017 at 9:00 pm

Hi, my partner attacked me at the weekend and I stupidly called the police. I gave a sort of written statement in the car about what happened but signed to say I didn’t want t to go to court or anything. The police then turned up at my house at 5.20 in the morning today and asked him to attend our local police station on Monday to talk about what happened. Why are they doing this and what’s going to happen??

Thenerveofit 09/11/2017 at 10:34 pm

What happens if you do not agree or attend an interview under caution. I am being asked to attend by a civilian officer (called investigator) who I believe is abusing their position, and being overzealous in having no grounds.

If arrested for not turning up for the interview under caution I could evidence false arrest. What would be my recourse?

AboutHumanRights Editor 07/11/2017 at 12:33 pm

Possibly. If you're told by the police to attend and accept a caution you can't simply say it's not convenient for you.

Jonno 01/11/2017 at 3:58 pm

I was detained 2 months ago due to been caught with a small amount of drugs on me on a night out, the took all my details and what not and then said they would contact me to arrange for me to go in and accept a caution, they did this and I went it but was sat waiting for an hour when I told them I couldn’t stay all day and was told it would take no more than half an hour, I haven’t been able to go back since even though they have contacted me to arrange for me to go back in, what I’m asking is if I don’t turn in soon to accept my caution will they issue a warrant for my arrest??

Wellyshellie 24/10/2017 at 11:30 am

During a night out, things got heated in a pub, a bar stool was thrown at my partner and we left the pub, outside the pub there was more arguments which we unfortunately got involved in a women pushed my partner so I grabbed her hair then I have been knocked out and she has broken my nose, burst my lip and scratched my face, leaving it a mess. No arrests were made and a huge public order investigation is on going, it's been 2 days and I still haven't been arrested and called in for questioning, how long will it take ? And I know it's my own fault for pulling someone's hair, so what type of conviction am I looking at and will she get charged with anything or not as it was me who pulled her hair- the women in question has no injuries and is currently on bail for attacking a nurse and also for intimidating witnesses.

Sean 08/09/2017 at 4:20 pm

I have been asked to attend a police interview in regards to a civil matter, the problem is that I live 200 miles away from the station! I have asked to maybe meet them closer, put me onto a conference call or go to my local station, all have been refused. I don't want a warrant out for my arrest but what can I do, I live alone & don't have anyone willing to take me?

dave 23/08/2017 at 10:22 pm

after we complained to the council about a noisy neighbour we have been asked to go to our local police station for an interview after they claimed we were harrasing them. the neighbours have said they will get t us evicted and because they own there house and we rent they can do what they like. the police say this has nothing to do with the council. where do i stand legally?

AboutHumanRights Editor 08/08/2017 at 2:38 pm

Make a complaint to the IPCC if you think the police have not followed the correct procedure. If this is upheld, she may be able to get some compensation to help start up her childminding business again.

Nora 06/08/2017 at 9:20 pm

Hi, my sons girlfriend was asked into the police station for a chat..so being police she turned up not knowing why (she had already phoned to ask why, but they just said it was for a chat). Thinking it was something to do with my sons ex wife..it was like lambs to the slaughter. They cautioned her as soon as she got in taken away and locked in a cell for around 3or 4 hours without a peep from anyone..(I went with her and when they police took her away, I informed them she was under the hospital for very high blood pressure, and she informed them she was severely depressed). Eventually they gave her a phone and on the line was a solicitor, who asked her what she was being questioned or charged with, she said she didn't know as no one had told her. I was sitting outside in the foyer for the 5 and a half hours she was in and in walked a friend of mine (the duty lawyer) I asked her when did she get called, she said over an hour ago coz she was still in her jammies, and the police told her to take her time. Eventually she was told she was being charged with assault of my grandson, my sons ex made up a story and told the kids to tell the police (I know this now as my grandson just jumped into my arms crying tell me his mum made him tell lies). Thing is my sons girlfriend was a childminder and had her own business and a son of her own.. she has lost her business and is struggling to make ends meet now and having to go on benefits (my son helps where he can but he has a house to keep and pays cma). The police said they Had to send it to the procurator fiscal, but told the solicitor to get the PF to put a red line through it. The thing is I don't think the police followed the PACE code, but do they have to and are they allowed to do this to people?.

AboutHumanRights Editor 31/07/2017 at 2:04 pm

You didn't actually touch or do harm to those responsible. As long as you are clear about your case it's unlikely the police will take it much further. You must write a letter to the headteacher and to the board of governors with details of everything that's happened to your brother (tell your parents to do so as well). Say that you are unhappy with the action that's been taken so far and ask that the parents of the bullies are spoken to as well. Ask to see the school's bullying policy and see if you can compare it with other schools. Some schools manage bullying extremely effectively, while others just see dealing with it as a bit of an incovenience. Your brother should not be made to feel frightened to go to school after all this time.

Iqqi 28/07/2017 at 10:10 am

Hi, for the last year my brother who is 11 years old has been constantly bullied in school from 2 lads who are even bigger than him. We have constantly reported this in school and the school dealt with these situations by giving the two kids detentions. However bullying never stopped, instead it got worse. I was away for a year and when I got back my brother hugged me at night and told me he has been strangled and kicked while playing in the ground. He was not feeling safe to go to school. I asked him if he has told this to the teachers. He has told to the teachers who sometimes ignored him and other times gave the kids again detentions. As an older brother I got really worried and at the same time angry. I decided to speak to those kids in the following morning. You know sometimes knowing the victim has an older sibling works with these kids. So I went up to the first kid in the playground and I told him to stop bullying my brother because I am watching in a very angry tone. He apologised to my brother and shook hands with him saying he will be his friend. That really gave me a relief and a feeling of safety for my brother. However later on Police called me telling me parents involved the police about what happened. I understand what I did was wrong and should have approached the parents or the school instead. But after seeing my brother in such situation despite telling the teachers about it, this was my last resource and I thought intimidating the kids would work and it did. Now the police called me in for questioning and I am scared as I never had to deal with the police in my life. I have a career to set up and the last thing I would want is my name to go on a criminal record. Any advice would be helpful. Thanks

AboutHumanRights Editor 26/07/2017 at 2:15 pm

The police officer will have made a note of his details and information about the offence at the time of stopping him, they don't need to issue a caution.

Beth 23/07/2017 at 10:24 pm

My partner was recently arrested as he was under suspicion of driving a vehicle while intoxicated. He was found asleep in his car parked up- and failed to give a breatheliser due to medical conditions which he explained. He was arrested and taken to the station, he still could not give a sample and was left to sleep in a cell for 6hrs. He was then charged with Suspected of having attempted to drive a vehicle and failure to give a specimen of breath for analysis and therefore failed without reasonable excuse and is appearing in court this week. My question is can you be charged without having a police interview? As he never had one but was still charged and they also never noted why he didn't give a sample which was due to medical reasons. Thank you

Blue 20/07/2017 at 6:30 pm

Hi my friend was stopped while driving his car with only a provisional licence. He had mot insurance and tax. He owned up to it before being asked any questions by police. They took his car away to be crushed. But what I'm asking is. If the police don't caution you at the time of being stopped or give you a slip can they prosecute you at a later date. If they haven't cautioned you how can the prove he was the one driving at a later date???

AboutHumanRights Editor 04/07/2017 at 11:36 am

Yes the police could still decide to take it further if they feel there is a case.

rocky2014 03/07/2017 at 12:14 pm

Hi, 2 months ago there was an incident at my flat to which the police were called to regarding someone at the property. Everybody had a few drinks and things got out of hand. Noone pressed charges against the individual and now 2months later the police have turned up to ask the individual to go in for a chat and that he will only be there for 5mins will he get into trouble even though nobody pressed charges and its took them 2 months to come and see the individual

Cally 28/06/2017 at 11:20 pm

I have just been accepted for nursing with conditions of a CRB
I am under mental health support and unfortunately was going through a tough time with alcohol etc 2 months ago and wasn't in control
I had the police knock on
My door to arrange a Voluntary interview next week - as I've " been seen "
On CCTV taking a bottle
Of tan spray from savers .
I am defeststed and the whole action is not a
Blur and I'm
Seeking help and want to start my
Career in September ,
I am
Lost and I don't know what to do as
I don't want to get into trouble
Over something I did out of character now I'm in
recovery and wanting to start my career ?
Please get back to me
With any advice
Thanks in advance x

AboutHumanRights Editor 21/06/2017 at 11:05 am

You've done the right thing by admitting you did it and by saying you'd like to pay the money back. Ask the police if they have any suggestions about voluntary work you could do to help in the community, that way you can include it on your CV to help with what may be a blemish on your record.

Hou99 19/06/2017 at 12:23 pm

Hi, I'm 17 and was caught taking money from the till at my work place, I've obviously lost my job and the police are now involved , I took £1800 , and have told the police I want to give the money back and pay my dues. The police have given me a interview and a caution. I'm terrified. As this is the first time I've ever done something serious and have to deal with the police, I admitted to everything..... what can I do ?

Wullie 16/06/2017 at 1:41 pm

I was stopped by police cautioned n charged with 2offences but there's a charge on my complaint which also states that I was not caution or charged with that offence at that time should that not get thrown out in court (Scotland).

George 24/04/2017 at 12:55 pm

My mate was arrested when he was 17 and put on bail he is due to answer bail soon what will happen? He was caught with a bit of class A DRUGS and it was his first offence?

Dolphin 26/03/2017 at 12:27 am

I was cautioned and charged with an allegation about a racist comment on social media, I didn't do it but had commented on the post about the person that they were discussing. It was Feb 16 the police told me at the time that it would probably get thrown out. I have heard nothing about this its been well over a year now.
Can I still be summoned to court & will I have a criminal record that will show up on disclosure checks?

Littlebird 10/02/2017 at 2:07 am

I had cpu at my home the day after police officers attended..to ask questions thay asked me to attend at the police station as we couldn't really talk with small children so that asked me to get a sitter I took them to my parents.I was under the impression it was just a volunteer interview thay repeated questions over I'd already answered so I got up to leave the room as I thought I could.thay then arrested me locked me up & while I was locked up thay went into the sealed bag with my house car keys etc took my house keys & went to my home striped my childrens beds ect took black & white photos after 2hrs called my dad to get clothing for children to stay over night iv been done for neglect & S's removed my children...is it right how this was done as thay could of took pictures while I was there & asked permission or even called my dad to let them in & be there while thay did it..or got a warrant staged photos

Completeidiot 19/01/2017 at 6:14 pm

I was caught shoplifting in m and s i was detained round the back with plain clothes officers store detective and then an eventual pcso on foot who when he got there read my rights and wrote down what i had taken, things from that store and also things from two other stores. Which i had to sign. Checked all my details and id were correct and then said an officer will attend my address at a later date! I asked if i would be arrested when he came to my address and he said not likely but they will come out to issue a fine. Im terrified and dont know what to expect and when they are coming, yes i have done wrong so please only helpful comments you dont know my life

AboutHumanRights Editor 17/01/2017 at 10:37 am

We really don't know the answer to this. Your lawyer (who was with you at the time of the interview) should be able to tell you this.

Jinty 16/01/2017 at 10:03 am

In march/april 2016 money went missing at work totalling £278. In June the area manager highlighted it to me. I went to the bank who then credited the money into the account. The bank then said the payin slips had been tampered with and debited the money back out of the account. I contacted my area manger who on June 21st suspended and on 12th August I was summarily dismissed with them thinking I stole the money which I never. The police called on 12th August asked me to go in and see them which I did they explained what would happen they took all my details no fingerprints though told me I could speak to a lawyer. The lawyer said to give a no comment interview as there was no evidence no cctv available from the bank. The policeman asked me about the what had happened. Gave me back my belongings and said he'd be in touch I haven't heard anything back. This has been a truly terrible time for me I never stole the money but as I was the only paid staff member I feel they dismissed me although the store had volunteers coming and going. My question is how long til the police contact me again?? Sorry for the long and winded story I'm just at my wits end now

Reñny 19/12/2016 at 11:33 pm

I meant to say theres 100% no chance of them seeing me take them this was a few months ago as the camera only looks onto the fire exit, most of them were losing cards i did cash a few in how long is cctv retained for? Either way
from my side it was morally long and i want to own up,what to do? Should i go to advice beareau or do you think if i voluntarily speak to an officer and give money that she/ he can directly speak to them on my behalf and maybe negotiate so that they wont need to take matters further my paranoia and anxiety level is at an all time high please someone advise me what i should do.

Reñny 19/12/2016 at 11:21 pm

Right i been suffering from depression, i have good days and very dark days, i work in a shop and sell alot of scratch cards and lotto after i started here, i became addicted to scratchcards and just one day when i was having a bad day while i was putting something back, i saw a whole stash but i dont know what got into me i ended up nicking 2-3 packs after cashing it in the guilt kicked in i cant live like this move was totally out of character for me no-one suspected anything yet and im due to leave this job soon, what would happen if i voluntarily admit what i did and pay them direct i really dont want to a criminal record theres no camera to show i took them but therrs cameras cashing them in if i arrange a meeting with a police officer will they be understanding of my situation i just dont want to be randomly arrested at my new job or in front of family im not confident so the oublic humiliation can make me vulnerable and break me help:( or can i write a direct letter to my employer confessing and post a wad of cash and ask them to please accept my apology.As they were nice people but im not sure how nice they will be after this.

Petes 19/12/2016 at 8:01 pm

My boss phoned me today and said a customer had made a complaint to the police , saying that £200 Has gone missing from his bedroom but I never went in there. I was working in the property11 days ago but it took until today to speak to the officer who said to come in this week sometime

D 12/12/2016 at 10:34 am

I lost my lost because I did fraudulent refund at work.
I have admit to everything and I have want to pay it all back.
I have the money I s
Didn't spend it.
Now the police is dealing with the case how long will I hear from them?
How will they contact me?
Will I know the outcome once the police call me in for a interview?
Or will I have to go back again and see them?
Silly Girl ??

Leanne 01/12/2016 at 10:05 pm

Hi the police came to my house today and asked me to go to a voluntary interview next week regarding an incident outside my house were a taxi driver dragged my friend out of the car after having an altercation with her then he grabbed her arms so I ran over and pushed him to get him off her but my friend did punch him a few times after he pulled her about what do you think will happen please

Leedslad4462 01/12/2016 at 7:25 pm

Can I be convinced of a crime without being caution by police

AboutHumanRights Editor 17/11/2016 at 11:43 am

We really don't know whether he's lying or not of course, but if you admit to it and are willing to repay the amount you stole it's unlikely they'll spend time and money prosecuting etc.

AboutHumanRights Editor 16/11/2016 at 12:01 pm

We can't tell you whether they were bluffing or not! If they have enough evidence, they may charge you, if not, they won't. Hasn't your solicitor given you any of this information?

Stupidgirl 16/11/2016 at 11:23 am

I stole £300 from my employer. They have cctv footage so I admitted it. I lost my job. And now the police want me to attend a voluntary interview under caution. He said on the phone to me "you've admitted to this". I stupidly said yes.
I have a lawyer meeting me there for the interview. I was also told by the officer that I'll not be arrested. Not go to court and no prison time. That they just want to sort out a re payment. Is he lying!? Terrified

Nash 15/11/2016 at 5:14 pm

I attended voluntary interview at police station for 2 accounts of criminal damage , broken window and broken door. I had a soliciter present and they gave disclosure so,embody had a photo of me on a phone outside the house according to the police , but they did not show it to me or the soliciter , do you think they are bluffing about the photo. after interview I was allowed to leave with out being charged and not on bail. what happens next

AboutHumanRights Editor 07/11/2016 at 12:18 pm

Maybe the police knew they didn't really have enough evidence?

Dave 05/11/2016 at 12:07 pm

Hi, police asked to come out and see me get time wise it was quicker for me to go them, when I said the they mentioned interview under caution. I got a Solicitor who when at the police station said it was alleged text and email harrassment against my exs new bloke who I've never met or got phn number etc. Police said they had no evidence linking me to allegation. I told them this bloke was doing that as revenge because Social Services are checking his background due to fact he's not allowed to see his children. To my Solicitors surprise they didn't do interview under caution, said they'd call me back if needed. Why no interview under caution? Solicitor thinks police haven't got budget to pay to check ips etc. When should I hear anything? Thank you

Keets 25/10/2016 at 9:28 pm

I have been charged contray section5(1) and 6 contrary to section 89(2) risited constable in the execution of his dute and contray to section 89(1) assault on one constable and 2 sergeants ive got 2 previous cautions one when i was 17 and one 3/4 months ago whats the likely outcome?

Cod worth 21/10/2016 at 4:15 am

Me and my wife got charged with dangerous dos act 1991/sec3 but in the citation we have 5 more charges with the dangerous dog act without even seeing a police officer can that stand up in court next month ????

AboutHumanRights Editor 07/10/2016 at 2:13 pm

You should seek professional legal advice on this as we're not sure what the situation is from your description.

Jerico9 03/10/2016 at 11:15 pm

Hi, I was accused of theft from my employer. I attended a voluntary interview in which was a standard no comment interview pending the result of police investigation. That was 18 months ago. I've not heard anything back from the police, no calls, mobile or home, visits... nothing. The police know where I am living plus both phone numbers. The other day, a summons was sent to the address that the alleged items where sent to in my former name. My name was changed by deed poll over 15 years ago. The police knew the name but I was never referred in my old name. Am I right to think That person legally does not exist, as I legally renounced that name. I know it is referring to myself but do I have to acknowledge it? Also, how can I be charged for something I've not been arrested for, seen the evidence against me also my side of evidence. They state it was from May 2013- February 2015. However, I was off work from September 2014 till March 2015 with mental health issues. The police are all aware of this but the whole thing looks messed up. Any advice would be helpful. Thanks.

K 26/09/2016 at 7:03 pm

Just received a voluntary interview request for theft from previous employer. It's been well over a month since I was dismissed and employer took all of last paycheck. The letter did say I was not being arrested but not sure what will happen. also letter was sent to old address earlier this month so only got it today. Any advice please?

AboutHumanRights Editor 26/09/2016 at 2:15 pm

No, you can be charged with an offence following an informal or voluntary interview.

Prisoner's friend 25/09/2016 at 4:13 pm

A friend was arrested, collapsed, went to hospital under police surveillance. From hospital handed over to police. Spent two nights in custody, not allowed a wash or change of clothes. Went before magistrate in a filthy state and finally released with no charges. The expartner of this man has a vendetta and this is the thrid time he has been arrested on false allegations. He spent more than 36 hours in custody and was treated in a thoroughly degrading manner.
Are there no standards of care for prisoners in custody???

Collie 24/09/2016 at 8:40 pm

I attended a voluntary police interview.I was told I had the right for a lawyer and could leave anytime.Interview over I never heard from the police for one year three months and was told I was being charged.In all this time I was never arrested or cautioned and left station with my charges.Shouldnt I have been arrested first?

Sean 10/09/2016 at 11:31 am

If I was fighting up town then got told to go home obviously I have my details ect, a week later the police come to my house about what will happen when I go to see them?

Toky 09/09/2016 at 10:51 pm

i was issued with "simple caution" for child neglect. Although I was never arrested but i was invited to the police station to sign a Caution ..however i was surprise that they took my fingerprint, photograph and DNA swap? is this the right procedure...i felt i was being deceived to sign these papers.

I was also told that the offence will no longer be disclose on DBS after 3 years as my case is minor offense. How true is their statement?
Many thanks

Dave 02/09/2016 at 1:36 pm

I got arrested interviewd and charged but befor me interview I was not read my rights or cautioned befor now I have to go to court can this be dismissed becouse of that as the interview should not stand

kat 01/09/2016 at 8:19 pm

Can you be charged on something in court ,that you were never questioned about, in the police station. And then sentence you on it

AboutHumanRights Editor 15/08/2016 at 12:01 pm

You should seek professional legal advice on this if you did not purchase alcohol for someone under age. The police will most likely have evidence that they feel is strong enough to demonstrate that you did this if they're confident enough to issue a citation.

Cat 12/08/2016 at 3:23 pm

I was cautioned with buying drink for someone under age of 16, there was no evidence as I did not do this, then 7 months later I received a court citation charged with causation causing harm to someone under 16 by buying alcohol! Can the police or procurator fiscal do this?

Lynch 01/08/2016 at 5:51 pm

I have had a voluntary interview with the police due to an offence I didn't commit against another person 10 weeks on the other party pressing charges hasn't attended an interview(recorded) how do I stand??? It looks like they are not cooperating thankyou

AboutHumanRights Editor 12/07/2016 at 2:29 pm

You need to seek professional legal advice on this unfortunately. If, after over 12 hours you still feel you were incapable of reading/signing your statement, how can you recall the actual incident itself?

Buz 10/07/2016 at 8:55 pm

My partner and I were both drunk and had a heated argument in a caravan on a site where I spat at him and he pushed me, police were called by neighbours, I was taken to station and spent 12 hrs in custody with fingerprints, Dna, photos and interview, my partner did not press charges but police stated they couldn't let it go, still intoxicated in the morning when being released I signed several pieces of paper, to my horror I only read them a few days later and discovered they cautioned me for beating my partner and that is not what happened, breach of the peace maybe but never violence, can I appeal this?

private 17/04/2016 at 6:58 pm

in december my son was asked to do in a voluntary interview at the police station..he was free to leave when finished ..now this week 4 months later he has received a court summons being charged for assault by beating ..we are goin to c his solicitor on wednesday to watch the cctv footage ....he has no previous convictions ,,and an outstanding character record ..why are the police allowed to leave this so long ...it has been 7 months since the alleged incident took place ,,he has a job working with severely vunerable and disturbed children and young adults ..does anyone know what he could be facing at court ,,im at my witts end !

Lands 27/02/2016 at 2:40 pm

Could I be given a Police caution when I know am not guilty and had not admitted to an offence? is this legal?

paul 16/02/2016 at 6:35 am

I returned from living abroad for a christmas holiday...I was arrested on arrival into the uk...detained. ..charged...remanded into custody as a flight risk...25 days later...bailed by the crown court...curfew...tagging..reporting to police..20 days after I got bail...the case was discontinued. ..I was free...never once was I interviewed. ..I lived in the canary islands...I lost my job..home...respect. ..mind and nearlythe will to live...im left jobless ...homeless...penniless. ...oh..and im not intitled to any benefits as ive not been in the counrty 13 weeks...

Indie rob 13/01/2016 at 6:27 pm

Hi, police arrested me and charged me and bail me but at no time did they causion me as we all know all police wear video cameras on there tops both audio and video and at the custody desk it is also videoed up and audioed .Please help they did not caution ie anything you do say may be held agents you they did not do this. Can give me some please .Thanks kind regards Robert.

AboutHumanRights Editor 06/01/2016 at 10:00 am

If you are asked to be interviewed under caution, it's in your best interests to attend. We don't know enough about your situation to help individually...a solicitor would be better for that.

jo slow 05/01/2016 at 1:46 am

i had a business competitor make allegations of sending bad online chat messages and stealing from accounts. (i haven't) this is because i rolled out a competitive website up against them. (legally). i asked the police who wanted an interview under caution about the accusations saying i was a 'suspect', but im already on a years bike holiday in spain. i asked for evidence as its probably been made up maliciously. i asked for evidence but hey won't give me any or any other info ? and i have no plans on breaking my holiday for such weak accusations off these competitors. what do i do ?

AboutHumanRights Editor 07/12/2015 at 12:46 pm

They can still go ahead and charge him. It may be that you will have to testify in court that it was a misundertanding.

Dawsie 05/12/2015 at 2:43 pm

Last night me and my partner got into an argument out in town, during this argument I pushed him as he weren't letting me past he pushed me back and I lost my balance falling to the floor, after we calmed down and apologised to one another we left to get some food from a restraunt. While we were waiting for the food the police came in and arrested my boyfriend for assault. When I was questioned I made it very clear it was all a mis understanding and denied anything happened as I didn't want him to be charged as I pushed first and it looked worse then it was. He was then held in a cell for four hours and was told to admit to it and receive a caution for assault by beating or go to court about it which then would of ,want him staying the night in the cell and having the hassle with court. If I told the officer I wanted no action taken which I signed in his notebook are they allowed to still charge him for a misunderstanding?

supremecy 18/09/2015 at 6:36 pm

Kevvysgotagun. Your bang on about police scotland. I requested my own lawyer and was told they couldnt find contact details, I said to google but they said the internet was rubbish, in a police/government building?

Later asked for a custody lawyer and he came to speak to me whilst officer held the door open,

Later got police questioning who said I passed my legal right, I said I didnt because I already spoke to one, they said this was a unofficial visit, is this right with police listening in?

They then got lawyer on phone to discuss all the possible questions coming at me, and since 12 hours was almost up they just charged without question.

Brian 15/08/2015 at 2:21 pm

I had a fallout with someone after they threatened my wife He reported this to the police they came to my house to talk about this. They said that they fully knew what the person was like and that it wouldn't go any further and not to worry about 1 month passed and then I got a letter saying that I had been charged with breach of the peace and it said that I had been causiond and charged on the day of the visit to my house. This didn't happen. would I have had to sign anything on the day?

R 21/08/2014 at 4:50 pm

My boyfriend was wrongly arrested and held in custody for 30hours as he did a favour for somebody who he did not realise was doing a drugs run, so drugs (class A) was found in my boyfriends car. He is now on bail and still does not have his car or belongings. Non of his DNA or fingerprints were found on anything. He is a taxi driver so was an easy target. He has still been told nothing and the solicitor is useless! What can we do to help fight his innocence??

AboutHumanRights Editor 09/07/2014 at 2:29 pm

@robo. If there was sufficient evidence to charge you (eg. your behaviour was witnessed by police etc) then yes.

robo 08/07/2014 at 3:38 pm

I got arresded the other day and was charged with threatening behavior but was never interviewd is this legal i live in scotland but iam from england and iam unsure of how the law works up here

laynaxxx 06/02/2014 at 8:08 pm

Hello, 5 months ago my daughter was involved in a row with another girl in a nightclub, the row lead to a few people getting pushed & my daughter got shoved to the floor, she got picked up by a bouncer & told to leave the club. A month later the police called her & wanted my daughter to attend the police station which was in the same town as the club, when she attended she was told a girl had been hurt & the police wanted to know what my daughters involvement was, she made a brief statement saying she had been at the club on the night in question & was slightly involved in the row but was not responsible for anyone getting hurt as she had been pushed on the floor. She was not charged or given a date to return, the police officer said if she didn't hear back within 3-4 weeks then there would be no further action. Today we have just has a local policeman come around to tell her she has been summoned to attend court next week (in the same area as the police station she attended), the local policeman didn't know why she had been summoned as he was passing the message on from a different police station. My question is, if my daughter is going to be prosecuted should she have been arrested & charged first? or is this how the court systems now operate!!!

briddy 03/01/2012 at 10:24 pm

my wife has been accused of theft from a family she used to clean for however there is no evidence of this she went to help the police with there enq some months ago, was never charged or cautioned and now is being told she is being summoned to court when she has never been arrested cautioned or charged is this possible?

persecuted1 08/10/2011 at 8:24 pm

I was arrested and interviewed for one offence, I was interviewed for 1 hour 22 minutes and then charged for a totally different offence.

I went to court 3 times and at crown court I was remanded.

After 4 months on remand I went to trial and after remenstrating with the barrister vigorously he investigated. It was revealed that I had never even been arrested/cautioned for the offence I was on trial for!

That trial was thrown out on the spot.

I have complained to the CPS and the police force responsible.

CPS admit that the police handed them notes detailing that there were breaches in the handling of interview/case.

The CPS have apologised stating that the prosecutor erred in his decicion to prosecute and also stated that the police failed to inform them the full extent of these breaches.

The police denied any wrong doing and failed to even acknowledge several other aspects of my complaint.

I have escalated both complaints to stage.

I feel the CPS were malicious in there attempts to prosecute in spite of them knowing of "some" breaches.

They were aware of the breaches prior to my remand and I was still refused bail.

The police are blatent in their attempts to cover up their behaviour.

Everyone is dragging their feet and solicitors seem to run a mile!

I have had to put my complaints in myself.

Can the police and CPS get away with this because I have previous convictions?

KevvysGotAGun 03/05/2011 at 7:23 pm

All well and good trying to "stress" that you are entitled to legal representation but when you're dealing with a corrupt organisation here in Scotland like oh let's say Lothian and Borders Police then the constant denial of these basic rights make a fair trial impossible.

Ask About Human Rights a question

Ask our editorial team a question and we will reply with our advice. Tell us as much about your situation as you can: the more detail you give, the more useful our answer can be.

You do not need to use your real name. Please do not include your full address, phone number, email address, or the names of other people. We may edit or remove identifying details for privacy and legal reasons.

Comments are moderated before publication.

Rights Situation Checker Tool

Can a Case Be Heard Without a Newspaper Reporter Present?

Can I Object to Data on National Children's Database?

Is It My Right to Know if He's Really My Father?