UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

Please can you help with a police matter that has come up with…

Please can you help with...
Please can you help with a police matter that has come up with my son today. He has been accused of harrassment and we have been given an ultimatum by the police of either signing an agreement to say he will not harrass the girl again or be arrested. He has stated that he has not harrassed her and she has caused problems with him since he declinced her offer to be her boyfriend.
Show More
Show Less
Ask Your Own UK Law Question
Answered in 1 minute by:
7/1/2012
Daniel Smith
Daniel Smith, Daniel Smith
Category: UK Law
Satisfied Customers: 4,035
Experience: JustAnswer
Verified

XXXXX XXXXX :

Hi there. Thanks for your question, I will help you with this.

XXXXX XXXXX :

It is common for the police to give a warning before seeking to arrest/charge somebody for harassment. This is usual. What is annoying about these warnings is that the "suspect" doesn't have to consent to it.

XXXXX XXXXX :

They can issue them with seemingly little investigation too, and there are all sorts of liberty issues surrounding these, as they would also show up on an enhanced CRB check.

XXXXX XXXXX :

There is no formal mechanism for appealing against the warning either - unfortunately. But, just because there has been a warning, does not mean that there has been an offence of harassment, merely a complaint that there was harassment.

XXXXX XXXXX :

They can only prosecute where there are 2 or more incidents of "harassment".

XXXXX XXXXX :

So, in short, they could arrest him anyway and ask questions about this, but that's not to say he did anything wrong, or that he would be charged. He does not have to agree to accept the warning, as it is not something that needs to be accepted. The police can warn anyway.

XXXXX XXXXX :

I hope this answers your question. If so, please do rate the speed and quality of service by leaving me a rating. It only takes 1 second to do… If you would like more information, then please let me know and I shall do my best to help out! Thank you!

Customer:

Thank you for your help so far - can you please clarify for me - this is the third visit we have had from the police. The last time I was most unhappy as my son went to meet another girl at school and when she was him waiting at the bus stop she called the police for harrassing her. I complained to the police who said when they had heard our side they were going to go back to girl and her family to say that it was not necessary to go ahead and they should all keep away from each other and they promised me that this would go on record and if there were any other issues they would request a parental meeting. Apparently according to the police today there is no record of this. Additionally the girl in question wrote anti jewish comments on facebook which I have viewed and all my son said is that she was racist. If he refuses to sign the document then they will arrest him - would a solicitor then be able to help me fight this case. As it would appear from your comments above that he will have a criminal record anyway.

XXXXX XXXXX :

No - he wouldn't have a criminal record. You only get one of those when you're convicted of a criminal offence. A solicitor would be able to help you deal with this, as if necessary, the solicitor could write to her and institute a claim for harassment against her in the civil courts, seeking an injunction against her.

XXXXX XXXXX :

Also, if he does get charged, and the reason for this is her evidence, and he is acquitted, and it transpires she has been harassing him and doing this to cause him problems, she could be sued for malicious prosecution too.

Customer:

Do you think if the police come back tonight that I should refuse for him to sign this form and let them arrest him where we can then get legal representation.


 

Customer:

It seems to me this is kids being silly and even though he won't have a record it will still be on an enhanced CRB which will stay with him forever.


 

XXXXX XXXXX :

That's entirely up to you/him what to do, but I know what you mean about the enhanced CRB, it's a silly system in some ways, but then again, there will also be no subsequent prosecution which probably speaks for itself anyway.

Customer:

Is all of this enough to prosecute somebody - like I said it seems half a dozen of one and six of the other

XXXXX XXXXX :

No, it's not!

Customer:

Just to confirm - are you saying my son cannot be prosecuted even if he doesn't sign the agreement


 

XXXXX XXXXX :

Correct.

XXXXX XXXXX :

Not signing the agreement is not an offence.

Customer:

But when they arrest him will that stay on his record even if he is not prosecuted or if he is prosecuted but found not guilty.

XXXXX XXXXX :

This will be noted on the police computer regardless of what he does now.

XXXXX XXXXX :

Being arrested is nothing "special". Innocent people are arrested all the time. It's the conviction that counts.

Customer:

Sorry to go on but I am really worried - has he done anything serious enough to be convicted?

XXXXX XXXXX :

I don't know whether or not he has. If he is guilty of harassment, then he could be convicted of it. It's not the most serious of offences out there, but it's not good really. The police/cps are loath to prospect these offences generally, unless they have to, so it really depends on what's been happening etc. and whether, after the warning, issue still arise.

XXXXX XXXXX :

I can't be more definitive that that for obvious reasons.

XXXXX XXXXX :

If he (or you) is worried, then you should make an appointment to see a solicitor to discuss it further.

Customer:

I will definitely do that tomorrow I am just worried that the police will return tonight and he will have to either sign the agreement or be arrested and I just don't know what would be best for him.


 

XXXXX XXXXX :

I doubt it's high on their priority list to be honest for a Sunday night, but I suppose anything is possible. If he is arrested, then he can take advice then.

Customer:

Ok thanks for your help


 

XXXXX XXXXX :

Thank you and good luck with this!


 

XXXXX XXXXX :

Please do leave a rating.

Customer:
Daniel Smith
Daniel Smith, Daniel Smith
Category: UK Law
Satisfied Customers: 4,035
Experience: JustAnswer
Verified
Daniel Smith and 87 other UK Law Specialists are ready to help you
Ask your own question now
Thank you and good luck with this!
Ask Your Own UK Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Daniel Smith Your Own Question
Daniel Smith
Daniel Smith
Daniel Smith, Daniel Smith
Category: UK Law
Satisfied Customers: 4,035
4,035 Satisfied Customers
Experience: JustAnswer

Daniel Smith is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,256 satisfied customers

Qualified Solicitor

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,760 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

9,513 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,177 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
Jo I have just been informed by the police they are investigating
Jo I have just been informed by the police they are investigating me after receiving a second report to a one I made Last Friday. I believe it has come from a girl who has been harassing me for some t… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
38,227 satisfied customers
my son and his friend where arrested and bailed yesterday when
my son and his friend where arrested and bailed yesterday when a girl who had come to my sons friends house says they raped her . The 3 where drinking but my son says he believed she was not out of he… read more
Alice H
Alice H
Solicitor of the Senior Courts
Bachelor\u0027s Degree
2,008 satisfied customers
I have just found out that my father has been accused of
i have just found out that my father has been accused of sexual harrassment in the workplace.we own a coffee shop in a small town,a girl who used to work for us came in a few days ago and wanted to sp… read more
Kasare
Kasare
Solicitor
Bachelor's Degree
2 satisfied customers
A neighbour of mine recently split up with his girlfriend however
A neighbour of mine recently split up with his girlfriend however it has been difficult for her to come to terms with the split up and although the split up was perfecly amicable to start with she a f… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
38,227 satisfied customers
if a young man has been accused of under age sex with a girl
if a young man has been accused of under age sex with a girl who lied about her age, what can he do to prove his innocence?… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
38,227 satisfied customers
Hi my name isXXXXX dawson I need some advice my daughter
Hi my name isXXXXX dawson I need some advice my daughter is 16 years old and she was friends with another girl called Emma in her school well there has been so much problems with the friendship that m… read more
UK-Justice
UK-Justice
Master's Degree
10,176 satisfied customers
A website has been set up which contains false statements about
A website has been set up which contains false statements about a charity I am involved in as well as inaccurate statements about my cousin. This person has also sent numerous emails to my cousin and … read more
ivorylounge
ivorylounge
44 satisfied customers
My son is 22 years old Indian citizen and is studying in London,
My son is 22 years old Indian citizen and is studying in London, UK. On his 22nd birthday ie 4th June 2010, he had been to a pub where he met a British girl. Both of them had taken drinks in the pub. … read more
INC
INC
Solicitor-Advocate
Master's Degree
3,868 satisfied customers
My Fiance was married to an abusive man verbally moslty and
My Fiance was married to an abusive man verbally moslty and during their divorce he continued to bully and abuse her via email and harrassing her via telephone messages and calls. They both used to li… read more
Clare
Clare
Solicitor
Bachelor's Degree
9,513 satisfied customers
Hi, i am separeted from my husband who commited adultry, he
Hi, i am separeted from my husband who commited adultry, he now lives with his new partner in the next street to me, i have a 8 year old son with him, and a 15 year old daughter from a previous releti… read more
jusleen
jusleen
Family Solicitor
Bachelor's Degree
852 satisfied customers
I was recently attacked in an unprovoked assault in the town
I was recently attacked in an unprovoked assault in the town centre while on a night out. I exited a toilet cubicle, was grabbed by the hair and punched to the face. I hit the floor and knocked myself… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
38,227 satisfied customers
My boyfriend has been accused of sexually assaulting a woman
My boyfriend has been accused of sexually assaulting a woman and is at crown court in a few months. He is an asylum seeker and does not speak very good english. he claims the girl attacked him after h… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
38,227 satisfied customers
My daughter is being harassed by a girl by mobile texts and
My daughter is being harassed by a girl by mobile texts and texts from the internet. These are being denied but the content of these texts prove it is her. Sadly this also involves our friends who liv… read more
Clare
Clare
Solicitor
Bachelor's Degree
9,513 satisfied customers
False allegastions. I had been arrested over a false allegation
False allegastions. I had been arrested over a false allegation of criminal damage and threatening behaviour to my neighbour. This was false and i was let go without any furthur action. Now she has ac… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
38,227 satisfied customers
im a single mum to 3 children my 12 year old son has got himself
im a single mum to 3 children my 12 year old son has got himself into trouble wen he was at school he was throwing coins and 1accidently hit a girl in the face resulting in a serious injury her sight … read more
PTS Law Ltd
PTS Law Ltd
35 years experience English Solicit
1,198 satisfied customers
my 16 year old son went to a party and got accused of touching
my 16 year old son went to a party and got accused of touching up a girl same age. the contact apparently was not witnessed by anyone and the flat was crowded with this age people about 15 of them no … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
38,227 satisfied customers
My ex partner ha been living with a very unhinged girl. Very
My ex partner ha been living with a very unhinged girl. Very possessive and aggressive with a child from her late boyfriend who then trapped my then ex by getting pregnant to him without consent. Sinc… read more
PTS Law Ltd
PTS Law Ltd
35 years experience English Solicit
1,198 satisfied customers
my son go lifted and accused for serious assult this happened
my son go lifted and accused for serious assult this happened 8 weeks ago the police lifted him out of college he didn't know why he was getting lifted they took him to the police station and said tha… read more
PTS Law Ltd
PTS Law Ltd
35 years experience English Solicit
1,198 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x