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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70124
Experience:  Over 5 years in practice.
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The police have called me interview. I was in an estate

Customer Question

The police have called me for an interview. I was in an estate agents office and had an argument with them about money owed as return of deposit to me. The person in the office made a report to the police that I said to the woman, 'you should go back to the f.... country she came from'.
Her husband was present. Also a friend of mine was with me. Although I have not spoken with the officer, I believe they feel this is a racial slur. What should I do?
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

To achieve what? Are you asking if you have to go?

Customer: replied 1 year ago.
This seems like a such minor matter but I know I have to go. Cant this be considered racial hatred? Should I just tell my side or refuse to comment and read out a statement or should I have a solicitor present?
Expert:  Jo C. replied 1 year ago.

Yes, racial aggravation of offences is a stupid ridiculous piece of legislation that should be repealed. Proper racial aggravation can be part of the aggravating features of the sentence but the usual dross that is reported should be no worse than any other offence.

The trouble though is that your comments do amount to racial aggravation. Whether it gets over the hurdle of a public order offence to aggravate is another matter. I imagine that they are saying you were using a raised voice of some kind which is all that is needed for S5

On the face of it, this should be a no comment interview unless they offer a caution.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
What is 'S5' please? If they offer me a caution, then what? You have been helpful. By the way I did not raise my voice.
Where are you based?
Expert:  Jo C. replied 1 year ago.

You should only really be accepting cautions if there is fairly overwhelming evidence.

If she accepts that you didn't raise your voice or otherwise behave in a threatening way then I don't see how there is a public order offence.

Making racist comments alone is not enough to amount to a criminal offence unless you do it electronically.

Customer: replied 1 year ago.
thank you do you act for people in appearances etc?
Expert:  Jo C. replied 1 year ago.

Yes, but not at a police station.

I don't do much Magistrates Court work either now.

Where are you roughly in the UK?

Customer: replied 1 year ago.
HI I am central London based
Expert:  Jo C. replied 1 year ago.

Roughly where?