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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.
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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
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