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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69680
Experience:  Over 5 years in practice.
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The police attended my place of work today saying I had

Customer Question

Hi, the police attended my place of work today saying I had racially abused someone and they have a witness. Upon trying to get into work I went to go in front of a man waiting in line. He shot forward and tried to drive into my car twice
There was an exchange but I said nothing racial in the slightest but they say they have a witness of the guy in the car behind. A member of my staff was almost the same distance away and heard nothing.
The Police said they are getting CCTV and I will have to attend the Police Station, do I need to take a solicitor?
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you say anything abusive?
Customer: replied 1 year ago.
I stated I was going to be going across him, not to the fuel pump he was waiting at and went to move forward then he moved to drive into me. I beeped my horn for a few seconds and signalled for him to put his window down, I said 'what the f**k are you doing, you can't just drive into someone. I'm trying to go through there, move your car back so I can get through' he then went to do it again almost hitting other cars we have on the forecourt so I shouted 'what are you doing you f**king idiot, you're going to hit that car'He moved back and said 'I'll take your number' then I drove through. It happened on Saturday, Police arrived at about 3.40 today.
Expert:  Jo C. replied 1 year ago.
Did this actually happen at your place of work?
Customer: replied 1 year ago.
I work at a car showroom that has a petrol station attached to it. The petrol station is s separate business but it is always a nightmare to get in or out.
Customer: replied 1 year ago.
Out of interest is there a way for him to make money out of a claim like this? Due to the fact the showroom is full of Ferraris, Porsches and other expensive cars we have had someone try to get money from us before.
Expert:  Jo C. replied 1 year ago.
Ok.
Yes, you do need a solicitor. You are being interviewed as a suspect under caution under PACE.
I know it is a stupid offence that we should remove from the statute books and generally speaking the police will agree with that but thye have to be seen to be responding to the complaints they receive.
Ultimately you are denying the offence so have the most need for a solicitor.
You can use the duty solicitor at the police station but then you face the risk that you will be placed into a cell while he arrives which is generally not a desirable experience.
If convicted he might get a small amount in compensation but usually people just make these claims for attention. It is not like sexual offences which are worth fortunes.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Ok, thank you.What does interviewed under PACE actually entail and what can I expect?Also what sort of Solicitor should I be attending with? Can I be arrested/taken to court?
Expert:  Jo C. replied 1 year ago.
From the point of view of your experience it won't change much but it is a huge difference in law. They are gathering evidence against you.
Any criminal firm would be fine.
They probably won't arrest you if you are there as a volunteer but they could charge you and send you to court.
Customer: replied 1 year ago.
Even thought what he said isn't true?If I'm arrested and go to court what happens then?
Expert:  Jo C. replied 1 year ago.
People are prosecuted all the time upon false allegations. That is one reason that people are sometime acquitted.
Customer: replied 1 year ago.
if I'm not acquitted?Sorry to ask but I'm not aware of the process, I've never been arrested.
Expert:  Jo C. replied 1 year ago.
Then you will fall to be sentenced.
If it is a racially aggravated S4 public order then elect Crown Court trial. I don't think I have ever lost one of these nonsense cases before a proper jury. Even if they think you said something objectionable they think the offence is a stupid one so let people off. That is the great thing about jurors. If they disagree with the law they just ignore it whatever the Judge says to them.
Customer: replied 1 year ago.
Right, so the likely hood is I'm going to end up in court as someone has made something up?
Expert:  Jo C. replied 1 year ago.
No, I wouldn't go that far. it is possible they could charge.
They went through a stage of charging lots of things that were weak if they amounted to allegations of racial crime but it is much better than it used to be now.
Now they are far to busy investigating people who tried to kiss somebody 100 years ago.
Customer: replied 1 year ago.
The Police man seemed pretty intent I would be going to see him at the station so I guess I wait for the call then take a solicitor.He went into the petrol station to get the CCTV images already, not sure what he'll get from that.
Expert:  Jo C. replied 1 year ago.
Oh yes, if a complaint has been made then the police will have to interview you about it.
Doesn't mean you will be charged.
I don't know what he thinks the CCTV proves. I suppose it might be probative is there is an allegation that you were animated but it won't prove what was said although, of course, if this is public order then they have to do more than prove you said something offensive.