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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64352
Experience:  Over 5 years in practice.
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I took a taxi 5 months ago after a night out in town, the taxi

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I took a taxi 5 months ago after a night out in town, the taxi driver called me 2 days later claiming i took his phone and he wanted it back. 2 days later, he again called saying he would pay me money to give back his hpone. in all this instances i told him to stop pestering me as i didnt have his phone.

2 days ago i got a sudden vist from the police, i was alone with my child as my wife was at work. They threatened arrest for the allegation and insisted that if i cooperated and let them search my house for the phone, then their would be npo need to arrest me, involve social services because of my child (someone to take care of her) plus an arrest would show on my CRB given the nature of my job. I agreed. They didnt find the Phone. However they have now asked me to present myself at the police station on wednesday for an interview. I am really stressing as i dont know what to expect. please advice?
Submitted: 11 months ago.
Category: UK Law
Expert:  Jo C. replied 11 months ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

How can I help with this?
Customer: replied 11 months ago.

FOR JOMO 1972


what should i expect? am i going to be charged? will it appear on my CRB that an allegation of theft was made against me? i just need any infromation that may be helpful, like i said, i have never been to a police station and the whole thing is just daunting

Expert:  Jo C. replied 11 months ago.
Thank you.

Obviously I will not be able to say whether you will be charged or not. I have had no vision of this case and no insight into the merits of their evidence.

The truth is that they could charge you. It depends upon how credible his allegation is. Its helpful that they didn't find the phone in the sense that they cannot rely upon it but given the passage of time there was clearly opportunity to discard it.

The allegation of theft will appear on only enhanced checking CRB. It will not show on basic or standard. You can may an application to DBS that it should be removed now and anyway it should be written in a way that reveals that you weren't charged anyway. If it isn't you can complain to the Information Commissioner.

If this comes down to him saying that when you got in the car he had a phone and at some point later he did not then that isn't the strongest evidence. Unless he is arguing that he actually saw you take it its a fairly weak case.

Can I clarify anything for you?

Jo
Customer: replied 11 months ago.

My job requires an enhanced CRB, so would appreciate what the DBS stands for? In the worst case scenario, were he to claim that he saw me take the phone, would that change the direction the case will proceed? Does he need evidence to this effect? The PC said something to the effect it comes down to his word against yours so we need to hear your side.


 


What happens when i arrive at the station? should i require a solicitor? Can i go in without a solicitor, but if i feel overwhelmed by the questioning, ask for one? When you say it depends on how credible his allegation is? Can you provide some scenarios to illustrate a credible scenario?

Expert:  Jo C. replied 11 months ago.
Disclosure and barring service - replacing CRB.

Yes, you should require a solicitor. Ideally you should one to attend with you. Probably they won't arrest you. There is new case law that says they shouldn't be doing that if people are otherwise co-operating.

Your rights as a volunteer at the police station are not much different to being a suspect at the police station in practice really. What it will mean is that they won't put you in a cell while you wait.

I'm not sure what you mean about scenarios? If they believe his account and not yours then you will be charged. If they believes yours and not his then you will not.

Customer: replied 11 months ago.

Thank you! Where can i find a solicitor? sorry to ask, i have never needed one.

Expert:  Jo C. replied 11 months ago.
Where are you roughly in the country?
Customer: replied 11 months ago.

I am in Reading. Berkshire, and how much do you estimate it would cost?

Expert:  Jo C. replied 11 months ago.
You will get legal aid for a police station attendance.

Try this firm

http://www.albinandco.co.uk/

They are specialists in Reading.

Failing that you can always ask for the duty solicitor.

It might well all disappear into no further action.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64352
Experience: Over 5 years in practice.
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