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Post by marni on May 30, 2016 22:02:40 GMT
Hi All I have a query and wonder if anyone knows the answer.can you be taken to court without being charged or arrested ,Brother fell out with fiancée cause she was messing around ,He sent her a load of txtx after a breakdown.The cops came out, he went to nick they chatted to him let him go ,Then they came out to house and said he was being done for harassment without violence never arrested him or charged him ,This was 5 months ago now he has a letter to go to court next week ,But still not arrested or charged ,Can they do that .I always though you had to be charged to go to court .it says on letter to go magistrates to answer the charges.
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Post by Saltysplash on May 31, 2016 16:22:33 GMT
He has probably been summonsed if its a summary offence, not arrestable unless certain conditions apply, like he refuses his name and address.
eta, why did he go to the nick? did they invite him? did he go into the custody area? was he interviewd under caution.
best he speaks with a solicitor
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Post by robmcd on Jun 3, 2016 0:13:43 GMT
Hi All I have a query and wonder if anyone knows the answer.can you be taken to court without being charged or arrested ,Brother fell out with fiancée cause she was messing around ,He sent her a load of txtx after a breakdown.The cops came out, he went to nick they chatted to him let him go ,Then they came out to house and said he was being done for harassment without violence never arrested him or charged him ,This was 5 months ago now he has a letter to go to court next week ,But still not arrested or charged ,Can they do that .I always though you had to be charged to go to court .it says on letter to go magistrates to answer the charges. This happened to me about 14 years ago. I was invited to a police station over a txt message sent to an ex that in the opinion on the police was "one of the nicest txt's that they have ever had a report on" I turned down there invite and istead took legal advice & was told that if I had broken any law or had a harrisment charge to answer they would have arrested me. I didnt hear any more about it. A few mistakes have been made hear the 1st one was going to a police station without any reprisentation. 2nd not geting any legal advice after going to the police station. 3rd saying anything at all to the police in reguards to the matter as they state " anything YOU say will and can & will be used against YOU". Lastly if he does not go to court they will automatically rule against him & he will get this put on his police record & get a fine. He need legal advice asap. |
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Post by thebfg on Jun 16, 2016 23:33:08 GMT
these guys got it right, it is a summary offence. I'm guessing he has had his first visit to the court. Its like motoring offences, you get reported to the court without being arrested or charged, good advice from Rob for the future, although if you do have to have the chat, never do it at home as they do not have to give you a duty solicitor like they do in a police station, which would be your first demand upon arriving.
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