How sneaky!
It was clear in my case that the police had a lot more evidence to gather before considering disposal, so clearly no grounds to take the prints. I’ll be emailing them to explain the legal position, though I suppose it will make no difference to the ‘policy’
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I have had this quite a lot – it appears to be policy here in the West Midlands where Officers will say at the conclusion of the interview “I will be reporting
you for summons” and then proceed with taking the samples
Kind Regards
Ms Sebah Naz Baig LLB (Hons)
Duty Qualified Consultant Solicitor
SNB LEGAL
naz@snbaig.com
07507 902 925
Secure CJSM - naz.baig@snblegal.cjsm.net
From: "members@mail.lccsa.org.uk" <members@mail.lccsa.org.uk> on behalf of Heidi Appleby <happleby@smw-law.co.uk>
Reply to: Heidi Appleby <happleby@smw-law.co.uk>
Date: Thursday, 1 August 2019 at 11:03
To: richard berman <rberman63@gmail.com>
Cc: "members@mail.lccsa.org.uk" <members@mail.lccsa.org.uk>
Subject: RE: Prints etc at Voluntary Interviews
My main concern is that unrepresented interviewees are unaware of this, so their new ‘policy’ will affect them
We would have had to go through to custody and explain the situation to the custody sergeant, who of course would have set the PC straight, but we didn’t get that far
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Mail for Windows 10
From: richard berman <rberman63@gmail.com>
Sent: Thursday, August 1, 2019 10:57:39 AM
To: Heidi Appleby <happleby@smw-law.co.uk>
Cc: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk>
Subject: Re: Prints etc at Voluntary Interviews
Client is not under arrest and free to leave. Samples goes completely counter to this
On Thu, 1 Aug 2019, 10:52 Heidi Appleby, <happleby@smw-law.co.uk> wrote:
It appears that officers conducting voluntary interviews, with the client to be informed at a later date of the disposal decision, are now expecting to take fingerprints, photo and DNA. I recently had quite a back-and-forth with one, who insisted it was now a matter of policy. My requests for confirmation of the legal basis were met with eye rolls. He finally capitulated on the grounds that he was tired and wanted to go home. I’ve since followed up with an email confirming the legal position and have not heard back.
I thought I must have come across an errant officer, but at least one of my colleagues has had the same experience.
I’m interested to know whether anyone else has come across this?
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Sonn Macmillan Walker is a trading name of Sonn Macmillan Walker Ltd, a company registered in England and Wales no. 7879842. The registered office is at Rennie House, 57-60 Aldgate High Street London EC3N 1AL Regulated by the Solicitors Regulation Authority
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