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Jamie-Law
Jamie-Law, Solicitor
Category: UK Law
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Experience:  Solicitor
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My oldest son was arrested then de-arrested last night after

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My oldest son was arrested then de-arrested last night after an allegation was made by my younger autustic son relating to threatening behaviour. My oldest son has been asked and agreed to make a voluntary statement this afternoon at the police station. I am very wary about this statement and not sure for the reason behind the request. I understood that after de-arrest there should be no record of the incident against the individual, if he makes a voluntary statement surely it will lie in a record somewhere? I would appreciate any thoughts, thank you.

Hello my name is ***** ***** I will help you with this.

On what basis has he been invited to an interview?

Customer: replied 7 days ago.
I have just spoken to him. He was not given a reason. He was told he was being de-arrested last night and that he has been asked to attend today for a voluntary interview.

OK - the Police can still investigate to see if there has been any crime. So just because he has been de-arrested does not mean that he cant be charged with anything at a later date.

It just means he is not arrested at this point. He can take a Solicitor or ask for a duty Solicitor.
If there has been an offence he can be re-arrested and charged.

Can I clarify anything for you about this today please?

Customer: replied 7 days ago.
My husband and I were out at the time this happened. When we arrived home the police were already here and he had already been arrested. I believe they videoed a statement from him before we arrived after he was cautioned. I think he gave a full and honest statement relating to the incident. He was under caution but chose to speak. So I guess I am asking can he refuse to attend voluntarily and can they use the video to start all this up again. My younger son is as regretful as he has capacity to be and says he will not make a statement against my oldest son.

Indeed. Then your husband does not need to say anything - it is up to him. Yes he can refuse to attend the interview.

Does that clarify?

Customer: replied 7 days ago.
It doesn't clarify. Do you mean my oldest son does not need to say anything? My husband is not involved. If he changes his mind about attending fir a voluntary interview will and or speaking will it cause him to be re-arrested?

No one needs to say anything. If an offence has been disclosed then yes, he can be re-arrested.

Does that clarify?

Jamie-Law and other UK Law Specialists are ready to help you
Customer: replied 7 days ago.
thank you

All the best.

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