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Buachaill
Buachaill, Barrister
Category: UK Law
Satisfied Customers: 10175
Experience:  Barrister 17 years experience
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I have been asked to go to the police station voluntary

Customer Question

I have been asked to go to the police station for a voluntary interview regarding a harassment against another person (namely phone calls) I know for a fact the other person does not wish to take it further. Can I still be charged?
Submitted: 9 months ago.
Category: UK Law
Customer: replied 9 months ago.
The police officer did say it's likely to be a caution but even that will mean I may lose my job. I have never been in trouble before. Can I not just be given a formal warning?
Customer: replied 9 months ago.
The police traced the calls back to my tel number
Expert:  Buachaill replied 9 months ago.

1. I regret to say that just because this other person to whom the calls were made will not take it further does not mean that you will not be prosecuted. So long as there is evidence that you made the calls, this would be sufficient to prosecute. The difficulty with a case of this nature is that any judge dealing with the case will take the view that if there were unwanted calls being made and they came from your number, then there is a prima facie case to answer. So unless you have some excuse or reason for calling the number, you will get convicted. This is because in cases of this nature, judges are very quick to draw an inference that there was something untowards happening here. Most magistrates before whom a case of this nature would come, are very quick to move to sentencing when hearing details of this nature. So the fact the victim won't give evidence doesn't really help you. You should however, get a good criminal defence solicitor, as they will have much more chance with an argument that a formal warning should be given and not a caution, as you are likely to fare badly making this argument on your own. You will have to be seen to apologise and to make amends if you want to get out of this case without some form of caution.

Expert:  Buachaill replied 9 months ago.

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