I find officers frequently fail to ask the right questions to elicit an unequivocal acceptance unless it’s in the form of an admission, so if I don’t  intervene during the questioning I’ll ask at the end ‘Just to clear, although you don’t remember, do you accept the offence as alleged?’

Without a solicitor, I imagine there have been cases where people have been charged simply because officers haven’t asked the right questions 

Heidi Appleby
Solicitor
Sonn Macmillan Walker
07766 077798
020 7481 9157



From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk> on behalf of Tony Marshall <tony@alexander-johnson.co.uk>
Sent: Tuesday, August 27, 2019 12:29:31 PM
To: richard berman <rberman63@gmail.com>; Bruce Reid <brucerzzz@googlemail.com>
Cc: Edward Jones <EJones@hja.net>; members@mail.lccsa.org.uk <members@mail.lccsa.org.uk>
Subject: RE: Police cautions
 

That is clearly sufficient. You cannot admit to what you cannot remember but accepting Prosecution case on full facts is an admission. That is the basis upon which he would plead Guilty art the Court

 

Tony Marshall

Alexander Johnson Solicitors

246 Bethnal Green Road

London E2 0AA

Tel: 020 7739 1563

Fax: 020 3745 2156

tony@alexander-johnson.co.uk

 

The information contained in this email is intended for the named addressee only.  It may contain privileged and confidential information.  If you are not the intended addressee you must not copy or publish it.  A full list of the firm’s partners is available for inspection at the address set out above.   This firm is regulated by the Solicitors Regulation Authority.  You are advised to scan this message and any attachment for viruses.  No responsibility can be accepted for viruses or damage caused by them.  This firm does not accept service of proceedings by email.  The partners of this firm do not monitor all outgoing emails and accept no responsibility for the contents of emails not related to the firm or its clients.

 

From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk> On Behalf Of richard berman
Sent: 27 August 2019 12:25
To: Bruce Reid <brucerzzz@googlemail.com>
Cc: Edward Jones <EJones@hja.net>; members@mail.lccsa.org.uk
Subject: Re: Police cautions

 

Equivocal or unequivocal ?

Unequivocal as not disputed ?

 

On Tue, 27 Aug 2019, 12:00 Bruce Reid (via members list), <members@mail.lccsa.org.uk> wrote:

I have had that and the OIC hesitated and said that this was not an admission, so I reiterated it as an intervention and said that he  was therefore accepting that the incident occurred as alleged. I got a caution, but I can see a rigidly thinking OIC saying no....

Bruce

 

On Tue, 27 Aug 2019 at 11:31, Edward Jones <EJones@hja.net> wrote:

Dear all

 

Has anybody had the scenario recently where police say that client eligible for a caution if admissions made, but the only truthful admission client capable of making is “I don’t remember what happened because I was so drunk but I accept that the police’s witnesses’ recollection is better than mine therefore I accept that it happened as they say it happened”? If so, did client advance that in the interview and what did the police do?

 

Edward Jones | Partner | For Hodge Jones & Allen Solicitors

 

    

Tel:

 020 7874 8369

    

    

Fax:

 020 7874 8306

Email:

 ejones@hja.net

CJSM:

 edward.jones@hja.cjsm.net

Web:

 www.hja.net

 

 

___________________________________________________________________________________________________

Hodge Jones & Allen Solicitors

 180 North Gower Street, London NW1 2NB

DX 2101 Euston

 Tel + 44 (0) 20 7874 8300 | Fax +44 (0) 20 7388 2106

/




Follow Us:

Twitter | @hodgejonesallen
Facebook | @hodgejonesallen
LinkedIn | @hodgejonesallen


Hodge Jones & Allen Solicitors are winners of 10 national legal awards, highly commended in 5 and shortlisted in 27

Independently recommended by Chambers UK and Legal 500 directories

 


Hodge Jones & Allen Solicitors Limited is a company registered in England & Wales with Company number 11488115. The registered office is 180 North Gower Street London NW1 2NB. We are authorised and regulated by the Solicitors Regulation Authority: (651238). More information can be found at https://www.hja.net/about-us/

For details about what personal information we collect and why, please see our Privacy Notice on our website at https://www.hja.net/privacy/

The information contained in this email is intended for the addressee only and may contain confidential information intended solely for the individual or entity to whom it is addressed. It may be subject to legal privilege. If you have received this email in error please notify the sender and delete it. If you are not the intended recipient dissemination or copying of this email and any attachments is prohibited. Reasonable precautions have been taken to ensure that any attachments to this email do not contain viruses. However, we cannot accept liability for any damage sustained as a result of viruses and advise that you carry out your own virus checks before opening any attachment.
Please be aware that we do not notify changes to important business information, such as bank account details, by e-mail.

To unsubscribe from the LCCSA Members eGroup click here.

To take a break from receiving emails from the LCCSA Members eGroup click here.

To resume receiving emails from the LCCSA Members eGroup click here.

To unsubscribe from the LCCSA Members eGroup click here.

To take a break from receiving emails from the LCCSA Members eGroup click here.

To resume receiving emails from the LCCSA Members eGroup click here.

To unsubscribe from the LCCSA Members eGroup click here.

To take a break from receiving emails from the LCCSA Members eGroup click here.

To resume receiving emails from the LCCSA Members eGroup click here.


To unsubscribe from the LCCSA Members eGroup click here.

To take a break from receiving emails from the LCCSA Members eGroup click here.

To resume receiving emails from the LCCSA Members eGroup click here.
SMW2019Signature
________________________________________
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 no. 566039. This communication and any attachment contains information which is confidential and protected from disclosure. If you are not the intended recipient of this e-mails, please telephone +44 (0) 20 7481 9157 on receipt or notify the sender by e-mail. You should not disseminate or disclose the contents to any other person or take copies. Any items expressed in this message are those of the individual sender, except where the sender states them to be those of Sonn Macmillan Walker. You should carry out your own virus check before opening any attachment. We accept no liability for any loss or damage which may be caused by software viruses or interception/interruption of this e-mail.