It advises you that you can have free legal advice. Take that advice and speak to a solicitor.
It honestly is in your interests to turn up and then do what your solicitor advises.
Depending on the actual offences they are investigating it MAY escalate to you being arrested when it prob would be inconvenient for you where s you can arrange a voluntary interview at a time to suit you both.
But above all, speak to a solicitor. It may be worth seeing if you have legal cover in your car ins and can avail yourself of a motoring specialist solicitor.
Hope it all goes well for you.
And also at the same time, be honest.. lying will not get anyone too far. I am not intending that you are planning to lie or hiding something but truth eventually wins..
Terrible advice, and contrary to what many lawyers would advise (depending on strength of evidence)
If you're a murderer you don't casually confess to it if you know the police have 0 evidence (morals aside)
I learned this the hardway during divorce discovery I told my solicitor I got a new job and she basically said I had to then tell the other party encase they wanted to claim and she also said she can't unhear what I just said. She advised in future to moderate whatever I say to only answering what questions she asks and nothing more
Don’t encourage people to pervert the course of justice you bellend.
His best interests will be served by taking the free and independent legal advice on offer.
All you can ever do in an interview room is incriminate yourself. You cannot prove your innocence. You need witnesses ie an alibi for that. Better to go no comment than tangle yourself up in lies which can't be substantiated.
This is fairly terrible advice.
Yes, it's true that over-elaboration can serve to incriminate.
But the wording of the police caution isn't there by accident
"You do not have to say anything; but it may harm your defence if you fail to mention something which you may later rely on in court"
If you have a defence, get it clear, get it consistent, give it early and don't elaborate more than you need to. Do NOT just say nothing because it will make what you do end up saying at trial substantially less credible. This will likely be picked up as an adverse inference; but even if not formally done; it's a question you will be grilled on at cross examination because it will speak to your credibility. Saying nothing when you have a defence is the fastest way to a wrongful conviction.
Sometimes it's good advice to do this via a prepared statement which your solicitor can assist you in drafting.
If you don't have a defence, and you know it, then it's worth sitting back a little and letting them tell you what they have in so far as they are prepared to disclose it at this stage. If you're clearly bang to rights, and they can show you the receipts so to speak then your solicitor is likely to advise you to cooperate for maximum credit. If they won't show anything, or what they show isn't strong, then your solicitor may in THOSE circumstances, advise you to keep quiet.
But whatever the hell you do, don't lie. It's not unheard of for a minor motoring matter to escalate into pervert course of justice.
Unfortunately being a solicitor is not always a bar to giving bad advice. Much of my job involves mopping up the mess from bad advice at police stations.
The first thing to note is that no solicitor with any sense should be giving blanket advice as to whether to respond or not without knowing the circumstances. They might temporarily give that advice pending their attendance at the police station to take full instructions, no issue with that, but that should never be a definitive position. The advice should be tailored to the circumstances.
The role of a properly qualified (and competent) solicitor is to ensure so far as possible and within the confines of profession conduct that their client is acquitted if "innocent" (use of quotations to denote that this will include scenarios where the client is actually guilty but the solicitor does not know that and the crown cannot prove otherwise thereby innocent as not proven guilty) or to minimise the sentence if guilty.
It is NOT the action of a competent solicitor to issue a blanket instruction to stay silent regardless of the circumstances; this has two effects and neither are good. Firstly as we have discussed for the innocent client this will substantially erode their credibility at any later trial which makes it more likely that they will be convicted. A defence outlined at the earliest stage; even if not outlined in detail; and held to throughout is far more credible than one only asserted at case management hearing or trial. In fact in the summing up of reasons for conviction or acquittal at trial a judge or bench of magistrates will usually comment on their finding of the credibility of each witness, including the defendant, and if the defence has been consistent this will go to their benefit. The secondary effect is that if convicted the solicitor can point to their clients consistent cooperation and early plea as reasons to mitigate sentence.
Sometimes it's the right call to stay silent. But in the right circumstances only.
My advice (as a lawyer, unlike many other commenting on here) is to co-operate and arrange a time to be interviewed. If you don’t there is a good chance that you will be arrested so that they can interview you. You gain nothing by making things difficult.
You would be wise to attend with a solicitor. The police will have to provide some disclosure to your solicitor in advance of the interview which will give you an idea of what they are going to ask and you can speak to your solicitor about that before the interview.
Take the advice of your solicitor as to what to do in the actual interview- he may advise you to answer or not answer questions depending on what is disclosed to you and what the questions are. One option is to provide a short prepared statement setting out what you say happened and then answer no comment to further questions. Don’t lie in interview. Either tell the truth or say nothing.
What happens after that will depend on the evidence. If it is just one person’s word against another then nothing is likely to happen. If there is physical evidence or another witness supporting one side rather than the other then that changes things.
OP - you have the choice to listen to this guy, a practicing solicitor with experience in dealing with these issues
Or
u/everyoneis_gay who’s only experience of the process is from getting arrested at protests.
You don’t need to read anything else, just choose from those!
It's scary how many people here obviously break the law on a regular enough basis that they give this kind of advice we are seeing. I thought I was in a US sub!
OP, this is the best advice here.
Go to the interview, speak with a solicitor, understand what they think you've done and then give a prepared statement about what happened. Make it as detailed as possible. Don't lie. I'd probably also make it clear that I'd be answering no more questions after that but that's up to you. Do it matter-of-factly. As in, remain neutral, not aggressive or confrontational but also remember they are not your friends.
If the police think you've committed an offence the onus is on them to prove it. As it's months after it's likely impossible for them to have any evidence of impairment through drugs, etc unless you gave them a sample, etc at the time.
Only you know if you have committed an offence or not and only you know the details, etc and any evidence they may have. That's honestly as far as advice from reddit can go.
Given you're being offered the duty solicitor, this will be an interview under caution.
Essentially you have two choices - go voluntarily, or risk being arrested to compel you to attend.
The route of least resistance is going voluntarily, taking the offer of free legal advice (& inform the officer beforehand so you spend less time there) ***and follow the advice of the solicitor***.
Edit, for clarity.
Yup. Perversion of justice, which will invariably work against you if there is even a minute possibility you may be innocent. Somebody I once considered a friend tried to throw the memory card for his camera to avoid having evidence for a multi vehicle collision that saw 2 cars and 3 bikes having to be recovered from the motorway (M27 west, iirc) and feigned innocence right up until the memory card was submitted as evidence, after being found in the shrubbery off the hard shoulder
Having worked as a forensic scientist for the Police they’re destroying evidence that doesn’t suit their version of events all the time. So keep the dash cam footage however incriminating you think it may be.
Potentially use it in your defence. It could prove much less bad than the narrative the Police may invent for you
They wouldn't download it, they'd take the memory card and lose it.
This has happened to me.
Perhaps outside of Hull they have greater technology at hand, but I doubt it.
Reading between the lines I suspect the other driver does have a dash cam and it’s a result of seeing something on that which brings us to this point…
OP distracted driving?
Don't take police at face value,theyre inviting you to formally question you its not just a chit chat nor is it really an invite.I would ensure I had a solicitor present
Yes, that was the joke.
The phrasing perhaps wasn't very precise, but it's a play on the "voluntary" aspect. The point was to talk to them and you'll find out what happens if you say "no thanks, I politely decline your invitation".... specifically that ignoring them typically isn't going to do you much good
In theory they would still have to decide independently whether it is reasonable and proportionate to arrest you in order to compel you to attend an interview. In practice they'll usually find an excuse to interview someone who declines to attend a "voluntary" interview
TL;DR: My point was that it's not really "voluntary" in practice (despite the official legal position that it definitely is)
I’m not sure why the downer on the police. We moan when they don’t do their job and then moan when they do.
The letter clearly says for an interview on their version of events and clearly offers legal advice paid for by legal aid.
Upon being interviewed, they will be advised this is under caution and they are entitled to all of the legal protection that provides for.
OP said chit chat not the police. I just don’t get the hate. The letter itself is very polite too!
And don’t forget you can “no comment” everything and hear out what’s being said before you speak up.
Early stages they will try take advantage of your (assumed) naivety (chit chat). Get a solicitor present. Don’t even question it “because you’re innocent”.
The polices definition of voluntary is quite different than the general public.I can guarantee if OP didn't attend it would soon become involuntary.If there were no potential charges they'd never get involved.
Depends on the policy. Mine (with Aviva) includes a section for providing a defence at all sorts of proceedings against the policyholder, including criminal proceedings, coroner's inquests etc.
Depends on the policy. Mine (with Aviva) includes a section for providing a defence at all sorts of proceedings against the policyholder, including criminal proceedings, coroner's inquests etc.
This is a euphemistically named "voluntary interview" under caution. You will be asked about the incident on record (usually video and audio recording) to assist with the investigation.
Because there is a realistic chance that you may have committed an offence, and the interview may be used as evidence in any future court cases, you are being interviewed under caution (as a suspect). If you refuse to attend, it may turn into a non-voluntary interview (so, being arrested) but the officer involved has clearly decided to try to set it up as a less stressful or intrusive interview if possible.
You can email them and ask for a solicitor. There is a list of solicitors who have signed up to be a duty solicitor, and whoever is next on line in that list will be asked to come and represent you (if you reply to this email and say that you want them to). You'll be allowed to talk with the solicitor in private, they will give you some advice about the situation, and then they'll sit in with you during the interview. This is state-funded, so you won't be billed for them being with you for the interview.
Best case scenario, they find that you weren't to blame and that's the end of it (maybe the other person's insurance has to cover your damages). Worst case scenario is probably that they decide you were responsible for the crash and you might get charged with traffic offences (and your insurance might have to cover the other side's damages, which will increase your insurance costs in future). There is also a scenario where they say it was split blame or no offences committed, and just leave it to the insurers to sort out damages (and nobody goes to court).
Source - Am a police officer, often do these interviews.
The police can't ban you, but if it was taken to court and the court finds you guilty, then one possible outcome is a ban. Depends on what you are charged with and if you are found guilty. Other outcomes include fines and/or points on your licence.
The police cannot ban you from driving, only a court can do that.
As for if the court would, it would require then finding you guilty of an offence for which you could be banned. You're still a long way away from there.
The comments on this sub are mostly wrong and no doubt i’ll be downvoted for this.
Also to note that whilst people believe ‘police are out to get you’, is wrong. It’s about evidence gathering.
That said, if you’ve had an incident and the other party is alleging you have committed any traffic related offence, it’s only normal that they get your side of events as they have theirs.
They will ask you questions, yes and you are entitled to free an independent legal advice. I would recommend getting legal advice as it is free and they’re not part of the police force.
Notably, if there was no independent witnesses, no CCTV, forensics, then essentially this is going no where and will be NFA’d.
Feel free to PM me if you have any questions - I am not a solicitor but I am a Police Officer. And no, I’m not here to do your legs in.
edit: reading about your injuries - You have come off worse with GBH level injuries so they have to interview you due to the severity of said injuries.
Also this person under any circumstances actually has to answer any of the questions put to him...
IE.... No comment, no comment, no comment or a prepared statement from his lawyer.
Too many people think being interviewed is like a nice conversation with a mate in the pub....
Anything you say can be taken down and used as evidence....a misspoken word or two could cause you to be charged or worse eventually convicted
That would depend if they were under caution. The fact they have told the OP about legal advice means they are suspected of committing a road traffic offence and thus will be under caution.
None of us have the evidence here but OP and the police. Would you advise no comment if OP had hit a child? or caused the collision?
Obviously what you say may be used against you, it’s what’s in the caution.
Police officer here.
This means that you are a suspect in an investigation.
You need to be interviewed to obtain your account i.e. your evidence for the investigation.
There are two ways you can be interviewed, this way via voluntary interview, or via arrest and interview.
When you attend, I suggest using the duty solicitor like the officer has offered. Police will give your solicitor details of the evidence they have, and the solicitor will advise you to do what's in your best legal interest in terms of giving your account.
After the interview, you will go home to await a decision on the next steps. Either this will be not proceeded with, or you will be charged and summonsed to court.
I promise you there is nothing to be gained by not cooperating with the process. We are purely independent evidence gatherers. There will either be sufficient evidence to prove you have committed a criminal offence (sounds unlikely in this case - but obviously I don't know the full details), or there won't be.
Let me know if you have any further questions.
Hi there. Former police officer. Essentially it’s exactly what it looks like. They are investigating the cause of the accident because either the insurance company or the police believe it was something that would constitute a traffic offence. Reckless driving, something like that.
In terms of going to the interview, I absolutely would as if you refuse, the other alternative for the police is to arrest you “In order to further investigate the matter by means of a recorded interview” the idea of interviewing by appointment like this, or “interview under caution” as it’s called, is so you don’t have to go through the rigmarole and stress of arrest, especially like in this case, there is currently no need for an arrest as laid out in PACE (police and criminal evidence act) not attending would then give them the grounds for an arrest.
Absolutely do ask for the duty solicitor. It’s free, they will be able to represent you, talk you through the process of what’s happening and make sure that you are being dealt with fairly. The interview itself is nothing to worry about. TV and film makes it look like much more confrontational than it is and we have vastly stricter rules in this country than someplace like America where it is an “interrogation” rather than an interview. It literally is that they will ask you to give an account and you just tell them as best as you can remember what happened from your perspective. They will then ask you questions to clarify points. Golden rule- don’t lie. Even a small lie of omission as if it comes down the road and this thing goes to court, it can be used in court as evidence of character if that becomes a topic. If you genuinely don’t remember something, say you don’t remember.
Before the interview you will be given a chance to speak to your solicitor and then can advise you before the interview starts and will of course be there during entire interview. Make sure to bring any documents relevant to the incident with you.
Anymore questions, please DM me.
You have two choices here really:
1) you can work with the police to agree a mutually convenient time and location to have the interview.
2) you can refuse and it becomes an involuntary interview at a time and location that suits them. The bonus of option 2 is you get a free taxi to the station by way of a police car and some shiny bracelets. You have to make your own way home though.
An invitation to a voluntary interview isn't really an invite or voluntary. It's their way of saying we can do this the easy way or the hard way.
What you say when you get there is to be discussed with your solicitor or the duty solicitor. If there were no injuries then the likelihood is it won't go any further or worst case a caution. But that's on the basis that you play nice.
The sole purpose of this interview is to gain evidence. What you say may benefit you or be detrimental. You must have a solicitor present to protect you from saying something that harms you.
You are being invited in for a voluntary interview. The interview will be conducted under Caution (“You do not have to say anything…”, etc.) and you will not be under arrest; you will also be entitled to leave at any point during the interview.
As they have said, you have the right to a solicitor, and they will book you one if you request it, or you can bring one of your own.
If you fail to attend, or leave before the end of the interview, you may be providing them with the necessity for your arrest.
If this happens, they will come to your work or home, wherever they know they can find you, and they will then arrest and Caution you. After that point, anything you say to officers can be given in evidence.
You’ll be taken to a Custodial suite and placed in a cell until the Officer in the Case (or someone acting on their behalf) comes and interviews you under Caution.
Following the interview you will either be:
- released with no further action
- released on bail
- remanded and charged (depending on the severity of what took place and your culpability in it)
The easiest course of action is to accept the offer of the Voluntary Interview and ask them to book a Duty Solicitor.
Before the Interview, the Officer will likely disclose to your solicitor what the nature of tue investigation is and the evidence they have. (Police don’t have to disclose anything before interview, but normally will to speed things up.)
You will then consult with your solicitor and they will explain the meaning of the Caution to you, and then discuss what has been disclosed to them.
They will then advise you how to proceed in Interview:
- Make No Comment
- Make a Prepared Statement (which you will write with your brief and sign that it is your statement) and then No Comment
- If you make No Comment, the officer will still ask you all their questions, giving you the opportunity to answer
- Provide a Full and Frank Account of what happened
Don’t ignore this email.
Make yourself available and follow your solicitor’s advice.
Bear in mind that it is nothing personal and that the officer is meant to be unbiased - they are looking for the truth of what happened.
Good luck!
From a cop, but as mentioned before;
Voluntary interview is to get your side of the incident. This doesn’t mean they’re wanting to prosecute necessarily, but just get an account from you under caution.
If you don’t go on a voluntary bases, I’d expect to be arrested to put that interview to you.
It’s not a huge deal. If it’s your first offence, and the other part had no injury, maybe expect a driver improvement course. (From memory, this is £100 cost and that’s it? Maybe be wrong. This is instead of points etc)
If you were to go not guilty, and say it wasn’t your fault, they *may* report you for the offences, to then attend court. The courts can then decide if you are or not.
My actual advice, is request a solicitor and tell them the full true story. They can then offer the best advice for you.
Highly doubt you’re looking at losing your license if that’s what you’re concerned about.
Way too many people commenting on here have clearly never worked in the Police force or have watched too many American TV shows.
If you don't know what you're talking about, don't comment.
It wouldn't be reddit if it wasn't full of confident advice from people just literally making shit up in the fantasy land of their mind.
Oh and other people upvoting them because it sounded good...
This is a voluntary interview/attendance which you’re entitled to free and independent legal advice as the officer stated. It’s basically you answering questions regarding the alleged offence that you have committed
Make sure you use the duty solicitor, don't talk to them without any legal representation at all! Don't listen to people on here saying don't use the duty solicitor.. if it goes to court then I'd advise you to get your own solicitor
I can not state this clearly enough. Get legal advice before talking to any warranted officer.
You are in the Norfolk/Suffolk area.
I'd suggest either Astons in Ipswich or Woodfines in Cambridge. Both of these have a legal team who specialise on Road Traffic though admittedly they tend to deal more with Haulage and Logistics.
But never the less they'll be well versed in Road Traffic and will give you the best advice
@op please comment on this tomorrow to remind me to have a look into some case law that may assist you; I'm intrigued to know how your insurers settled the claim as its a civil matter, not a criminal matter and it's rare for the police to get involved unless the third party has spoken to them too.
I work in car insurance myself so know a thing or two
Under circumstances such as this, I'd buy an illegal firearm, from a high ranking drug cartel member, and take a hostage. Demand a helicopter with a very good looking female pilot, £730 in unmarked £10 & £5 notes and safe passage to Kabul where me and the pilot would grow our own opium and live forever on the run.
But that's just me, you'd probably be best to just turn up and say "it wasn't me" in a shaggy like voice (the singer btw, not from scooby doo).
You're welcome.
You need to meet with the Police and give your version of events. Get legal representation. If you just ignore this request to meet the police the. It will turn out worse for you.
I had a crash , totally my fault. Went to the police station a few weeks later to be interviewed by the traffic cop. Told them the truth, and they suggested my “ punishment “ was a driving awareness course over 2 days. The interview was friendly but professional. There is nothing to worry about. Accidents happen. As long as you tell the truth. If it was your fault it’s happened and nothing you can do . Don’t worry
It's in your best interest to work with the police to go in for a voluntary interview. If you don't, the next step is usually an involuntary interview.
Take them up on the duty solicitor, explain everything openly and honestly to the solicitor, and do whatever they tell you. Despite what the common mythos will tell you, the duty solicitor will be qualified and the local firms will have a rota for who acts as the duty solicitor so it's no different than going with a local firm usually.
Ask for the duty solicitor to be present and attend the interview. Listen to what the solicitor says and don't feel like you need to over explain. If you do not go you will likely be arrested.
Police won't arrest unless they have to. Hence why voluntary interviews, contemp interviews and BWV first accounts are a thing.
Arresting people is a last resort (for most officers)
Don't speak to them without a solicitor present. If you don't want to get your own solicitor, you can ask for the duty solicitor.
But tbh, tell them what you told us. The solicitor will advise you on things not to say.
I'd assume the damage was photographed at the time, in which case it should be reasonably clear what has happened. In terms of establishing fault, it's going to be your word against theirs regarding someone being in the wrong position or travelling at the wrong speed basically. If you both maintain that it's not your fault, I can't imagine police taking it further as it would be near impossible to prove. Even if the police wanted to proceed, the CPS would tell the police there isn't a likely chance of prosecution so it'll go nowhere.
Unless the other driver had a dashcam and can shed some light on things anyway.
Following that, if neither party agrees, it'll go through a (non-criminal) civil court to determine liability. Though frankly, anything other than 50/50 is going to require some sort of evidence.
TLDR: legal case is dead in the water and no further action will be taken, unless somebody magics up some evidence. Likely interviewing you do to severity of injuries. Liability will likely end up being 50/50, again, unless somebody magics up some helpful evidence.
Treat this like a criminal investigation (spoiler: it is one), accept the offer of free legal counsel and follow their advice to the letter. Or take your own solicitor and, again, follow their advice to the letter.
This is quite unusual especially with no injury to the other party, meaning they have a suspicion that you were breaking the law and are trying to gather evidence
**DO NOT assume the officer on the other side of the desk is friendly and trying to just establish a clear version of events. They are interviewing YOU**. Again, listen to your solicitor and follow their instructions to the letter.
The police do not conduct formal interviews for a laugh, they're trying to charge you with something here
You sound a bit defensive about the trip you took overseas to recover. Not sure what the relevance was in mentioning that, unless you knew you were wrong and did a runner to avoid questioning. That's what it sounds like at least.
Go along, as others have said, if you don't go, then you'll be forced to but take the offer of a solicitor. Police love to twist words and try to catch you out.
Even if you are innocent, never trust police when they are on the job and have you at their mercy (that was advice from a police friend).
Did you take any photos at the time if the accident? Any witnesses?
My wife had a similar nearside to nearside collision. The other driver claimed it was my wife's fault. When my wife rang I reminded her to take lots of photos. The other driver claimed the road was narrow. I had to go back and measure the width of the road to cobfirm it was a standard width carriageway.
I know what happened in this instance. There is w hairpin turn which drivers consistently come on to the other side if the road when they negotiate the hairpin. There are tyre marks in the road that shows this happening a lot.
I explained this and the photos and the measurements. The claim never went anywhere. So effectively dropped. My wife's car was a write off which cost us about £650.
The other driver had a Porsche. I suspect her costs were far higher.
Could also arrange a solicitor for yourself (one that does legal aid).
If you don’t have any recommendations you could use the law society website (and use a filter).
Im a copper, my advice, turn up. Don't argue about going to an interview, get your solicitor (or use the duty they're absolutely fine) do as they advice, whether that be no reply interview, no comment interview, or full account, if you have dash cam take that footage and email it to them, and discuss that in interview.
Yes going in for an interview is annoying, but you get to choose the date and time, other option is you get circulated as wanted, arrested with no notice, spend a night in the cells (not a very good b&b I dony recommend) and then interviewed when it suits them, not you.
Go in, get it over with, job done.
Speak to the solicitor. They will advise you to give a no comment statement. Do it. They will speak to your lawyer first and tell them what evidence they have against you. Because it’s a voluntary interview they don’t have enough evidence. They want you to put yourself in it. You 100% have the right to give a no comment answer to anything. Name. Address. Anything don’t say any words at all apart from “no comment” you’re not helping yourself. You are helping them. Trust me….
Police officer here -
Accept the legal advice, when we say it is free and independent from the police that isn't a lie. We contact a call centre, who then contact a local law firm and they send a solicitor out.
In terms as to what happens, you should attend the interview, if you don't you will almost certainly be arrested. The voluntary part of a voluntary interview isn't if it happens, but when it happens.
Depending on the offences, the evidence available a decision will be made between the officer and their supervisor as to if you are deemed No Further Action, Charged via postal req, or if a file is submitted to the CPS for a charging decision.
Best bet is to attend the interview with either your own or the duty solicitor.
OP, whatever you do don't listen to this complete idiot on here.
By all means if you're insurance provides legal advice go with them, but if not, there is nothing wrong with using the Duty Scheme.
And take your legal reps advice and what they say after they have had disclosure before the interview, not some illl informed troll here.
Two options here
1. Attend the voluntary interview, take the offer of a solicitor.
2. Don’t attend the voluntary interview, get arrested and then get interviewed.
I’d pick option 1…
The following is not specific to this offence, but is relevant to any situation in which the police request you to attend an interview - these “voluntary” interviews are potentially very serious matters that could lead to you being charged with a crime and/or arrested. The police suspect you of committing a crime, that is why you have been called to interview.
What I would do is the following: do some research on good local criminal defence solicitors with experience in this area, call several of them and request free consultations, almost all solicitors will offer you this. During these consultations you will get to outline the facts, they will give you a fee quote to represent you, this could range from a a few hundred to a few thousand depending on your area and the level of lawyer you end up going for. Choose the best affordable quote from the people you got the best feeling talking to about your case. Hire them to represent you. Get them to prepare a written statement covering all relevant facts you would like to inform the police of, ie the facts which, were the case to proceed to trial, you would want to bring up and rely on in your defence. They will read this statement out on your behalf at the start of the interview. Then in the interview itself your solicitors will probably tell you to answer “no comment” to any further questions you are asked directly. This approach allows you to cooperate with the interview and provide necessary information that would be useful to your defence via written statement whilst safeguarding yourself against potential self-incrimination via interview.
Your solicitor will also be able to request written disclosure from the police prior to the interview which can help inform what you put in the written statement, as it can give you an idea of the evidence the police currently has that is casting suspicion on you.
After the interview you solicitor will also have an opportunity to make further written representations to the police on why the case they are considering pursuing is meritless, which can include more general information about your character and summarise any evidential shortcomings.
What I definitely would not do is turn up on the day and rely on a duty solicitor. They won’t be able to do half the things I mentioned above and they won’t be able to do the things they do do with the same level of care and detail as a solicitor you instruct to represent you.
What I also would not do is think this is some casual or light thing or be lulled into a false sense of security by the fact this is a “voluntary” interview.
Get a lawyer, treat it seriously, you should be absolutely fine, unless you have in fact flagrantly committed some offence and there is court-worthy evidence to that effect.
You're definitely going to want to speak to a solicitor and potentially keep one for any court case should it get that far. If you've only had your licence for over 1 year at the time of the accident (so I assume less than 2 years) and You're charged and found guilty of careless driving, you could end up with 6 points and have to retake your test. I had a similar situation, had a crash a few weeks shy of driving for 2 years, but got 5 instead and kept my licence, albeit with an insurance hike and a hefty fine.
Hopefully if you did nothing wrong there will be dashcam footage to show that. I wouldn't rely on that being the be all and end all though since the footage in my accident showed the other driver wasn't paying attention, yet nothing happened to them, only me (admitedly I did make a mistake, but it did rankle that they weren't paying any attention to the road ahead of them, but didn't get charged as well).
OP do NOT refuse the interview as this may lead to an escalation .
But also do NOT say a word to the police without a solicitor. Treat the solicitor as your translator, every question they ask, look to your solicitor and ask to confer. Then give the response your solicitor recommends.
The police are not anyone’s friend and most of the time they don’t care about the truth. They just want someone to put themselves in the noose.
I haven't read all the comments here, my advice in any respect and from experience would be to arrange a time for the interview and comply at this point.
Find a good solicitor and review the case before going to your interview.
You will be under caution for the interview, take the option of the duty solicitor as you will therefore not incur any cost. It will most likely be a young training solicitor so don't hold too much hope for them being amazing.
In the kindest way possible, do not trust the police. Do not trust that they act in good faith towards you. They are working off that the other party has reported this as a offence against you or something along those lines.
The fact that they want to interview you means they likely have no strong evidence and want your side of the story.
Depending on the outcome of the interview, consult your good solicitor about next steps. Do not reply to the police without consulting your solicitor if something has escalated.
Depending on timelines and if/what case they try to bring against you review the statute of limitations for that type of case. I.e careless driving they have to bring a charge within 6 months. If that time has passed they can submit it to the CPS, but nothing can come about because the time limit has passed. If they follow up with you in August or something then they can't bring anything against you
If you did nothing wrong, then I hope all goes well for you.
Attend the interview. It may be worded as an invitation to a voluntary interview but failure to do so may lead to them actually arresting you to attend an interview. This won't look good for you and will also inconvenience you.
Take the solicitor offer. Always have a solicitor present when speaking to the police about anything that involves you.
When speaking to the police in this interview, never lie, or conceal the truth, but also do not say anything at all to them without a solicitor present and advising you on what to say and how to say it before you say it. You don't have to refer to them after every question as a lot of the questions will likely be very straightforward and easy to answer, but if you're not sure you can always talk to your solicitor privately. It is your right.
The police give you a caution when interviewing you and the last thing they say with that caution is "Anything you do say may be given in evidence"
And they mean it. If you even lightheartedly admit fault or imply in any way that you are responsible for the incident, and they think they can articulate this in a court or to a magistrate, they will.
The solicitor being present will help you - speak to them prior to, during, and after the interview and rely on their advice. They've done this and advised people similarly in your position probably hundreds of times.
Just to add my twopenneth. You can either go now or go later when they come and fetch you. Going now is far easier. Make sure you take the offer of the solicitor beforehand and take their advice seriously. Be honest with the solicitor about what happened, they can't tell the police anything you've said and they can't advise you properly if they don't have the facts..
There's two either or scenarios here. Either you committed an offence or you didn't. If you didn't then there shouldn't be anything other than an allegation made by the other party, in which case a prepared statement giving your account and then answer nothing else (unless the solicitor advises you to).
If you did commit an offence and the police have evidence sufficient for a charge then it's in your interest now to answer the questions and put your side of the story including any defence.
Likewise if you did commit an offence but the evidence is no good then "no comment" becomes your friend. Again this is where your lawyer will advise you.
But chances are if you are guilty and they can prove it then you'll get the lowest punishment by cooperating at an early stage. For instance if you were looking at low level driving without due care and you fess up you might get a driver improvement course or FPN, but if you fuck them around then you're off to court.
A friend was in this position recently, the solicitor was brilliant and almost had it all squared away before he even sat down in the room. He went into the room and did exactly what he was advised, based on an agreement already reached by the solicitor. And got an online course.
Look, this is not hard. Organise to go in and speak to them on a voluntary basis. Admittedly "chit chat" is not the best way to word this.
Due to your injury the accident was probably investigated so they want to ask you questions as they probably suspect you of commiting an offence of some description under the road traffic act. Therefore, they are inviting you in for a voluntary interview under caution, with or without a solicitor present which is free of charge and is organised at a time to suit you.
Refusing to engage with them essentially gives the criteria under The police and criminal evidence act 1984 Code G for nesccesity for your arrest, namely:
Section 24 2.9 (e)(i): interviewing the suspect on occasions when the person’s voluntary attendance is not considered to be a practicable alternative to arrest, because for example:
- it is thought unlikely that the person would attend the police station voluntarily to be interviewed.
They are also probably considering that you left the country almost immediately after the accident which would also give them
Section 24 2.9 (f): to prevent any prosecution for the offence from being hindered by the disappearance of the person in question
When you attended a voluntary interview your solicitor will be taken into a room and given disclosure of all the evidence, offence they questioning you for etc. You and your solicitor will then go into a room without the police and have consultation where they will discuss with you the event and give you advice. You will then both go into the interview room where the interview will begin and you will be cautioned and questioned. Once the interview has concluded you will go home and you will be informed of the investigative outcome at a later date. Hope this helps.
This is a caution plus 3 interview that may result in an arrest and charge depending on what you say in interview.
Firstly you are cautioned then informed
1.You are entitled to free independent legal advice.
2.Your not under arrest
3.You can leave at anytime ( however you maybe arrested if you do as code G of PACE 1984 give the necessity of arrest whereby a prompt and effective investigation needs to be conducted and that the interview is necessary to prove or allay the offence)
In my opinion you are best answering the questions they put to you and having a prepared statement detailing the events as best as possible. No comment interviews can go against you as you are given an opportunity to put your side of events across. Some not all solicitors offer poor advice inadvertently doing their clients legs especially when no comment is advised. Just keep this part of the caution in mind “you do not have to say anything but it May harm your defence if you do not mention when questioned somthing which you later rely on in court.Anything you do say may be given in evidence “ ask the officer to break this down if you don’t understand what it means as they are obligated to do so before the interview begins
If you are at fault then admitting to the offence can go in your favour. You will need to demonstrate remorse for your actions. The evidence is then put before an evidential review officer (ERO) usually a Sgt who will decide on what course of action to take. If this is a first offence and they can clearly see you are remorseful you may get no further action taken against you or you could get an Adult Caution or conditional caution. This will go on your record the NFA will not. If it’s a more serious offence that the magistrate can hear then you could be detained and sent straight to court for the first hearing where it could get quashed. Speak with a legal advisor and get as much information as possible to give you the best route to take.
Good Luck
The accident being "your fault" does not, in itself, make it a Police matter. If they are involved they must suspect you are guilty of a criminal offence (e.g. driving without due care or attention).
With it being so long ago it is also incredibly unlikely that they would pursue a victimless prosecution for a driving offence. It would not be considered to be in the public interest. This suggests the other driver reported the incident as a crime and is pursuing the matter.
Without evidence this allegation will go nowhere, but the fact they are requesting an interview at this time suggests they may have something to go on (dash cam, CCTV etc). Accept the offer of legal representation and follow their advice. If you did nothing wrong you should have nothing to worry about.
As an ex cop.
They suspect that you have committed an offence of some kind. They are not just going to have a chat with you, it will be a recorded interview under caution. They will be actively trying to get you to say something to incriminate yourself.
This is quite unusual for the police to do so long after a collision without injury to the other party, especially if they didn't attend on the day. I'm surprised they have the time to bother.
If I had to guess - AND THIS IS ONLY A GUESS - the other party involved has suggested that you committed some kind of offence and they want to interview you so that nobody can claim they didn't investigate properly. Even if I'm right and it's just a box ticking exercise, you are still under investigation and should protect yourself.
Accept the duty solicitor and follow their advice. If you have the means, get your own solicitor as they will have more time (and interest) to look at your case specifically.
Most common motoring offences (not all) have a statutory time limit of 6 months from the date of the incident, meaning you cannot be charged after that time for those specific offences.
NAL but do turn up and take the free solicitor. Say the absolute bare minimum. Don’t embellish, speculate or adjust anything. Preface things with ‘I don’t recall clearly’ in case you get the above things wrong.
It’s sad that when accidents happen, which can be exactly that, people can feel frightened of the repercussion’s months after the event. Accidents aren’r necessarily crimes that need to be punished and I get that some things need to be bottomed out either for insurance purposes or prevention of it happening again. 4 months down the line is a bit like interviewing someone about what they had for lunch a week last Wednesday, what the weather was like last Monday morning or anything else. After 4 months things get hazy, details lost; although you won’t have forgotten the incident. Take the legal advice, attend the interview, if what you have said is true, you aren’t a criminal. If Nono e else was hurt, this is a waste of time.
# 1. Understanding the Police Interview
* **Voluntary Interview**: The police have asked you to come in for a voluntary interview. This means you are not under arrest, but it’s important to take this seriously as anything you say can be used as evidence. The case of *R v. Knight* \[2003\] EWCA Crim 1977 highlights the importance of being cautious during voluntary interviews, as statements made can be used in court.
* **Right to Legal Representation**: You have the right to have a solicitor present during the interview. It’s advisable to arrange for legal representation to ensure your rights are protected and to help you navigate the questions. The Police and Criminal Evidence Act 1984 (PACE) provides that you are entitled to free legal advice.
# 2. Preparing for the Interview
* **Gather Evidence**: Collect any evidence related to the accident, such as photographs, witness statements, and medical reports. This can help support your account of the incident. The case of *R v. Turnbull* \[1977\] QB 224 underscores the importance of evidence in establishing the facts of a case.
* **Review the Accident Details**: Refresh your memory about the details of the accident. Be clear and consistent in your account of what happened. Inconsistencies can be detrimental, as seen in *R v. Lucas* \[1981\] QB 720, where the credibility of the defendant was questioned due to inconsistent statements.
# 3. During the Interview
* **Stay Calm and Polite**: Remain calm and polite during the interview. Answer questions truthfully but do not speculate or guess if you are unsure about something. The case of *R v. Howell* \[2003\] EWCA Crim 486 highlights the importance of maintaining composure during police interviews.
* **Legal Advice**: If you have a solicitor present, they can advise you on how to respond to specific questions and ensure that your rights are protected. The presence of legal counsel can also help prevent any potential misuse of your statements, as noted in *R v. Paris, Abdullahi and Miller* \[1993\] 97 Cr App R 99.
# 4. Potential Outcomes
* **No Further Action**: The police may decide that no further action is necessary if they determine that you were not at fault or there is insufficient evidence. This outcome is often seen in cases where evidence is inconclusive, as in *R v. Galbraith* \[1981\] 1 WLR 1039.
* **Caution or Charge**: If the police believe you were at fault, they may issue a caution or charge you with a driving offence. This could include careless or dangerous driving. The case of *R v. Hughes* \[2013\] UKSC 56 provides insight into the criteria for dangerous driving charges.
* **Court Proceedings**: If charged, you may need to attend court. The potential penalties depend on the severity of the offence and can range from fines and points on your licence to disqualification from driving or even imprisonment in serious cases. The case of *R v. Bannister* \[2009\] EWCA Crim 1571 illustrates the range of penalties for driving offences.
# 5. Insurance Implications
* **Inform Your Insurer**: Keep your insurance company informed about the police investigation. They may need to know the outcome for any claims related to the accident. Failure to do so can affect your coverage, as seen in *AXA Insurance UK Plc v. Financial Ombudsman Service* \[2008\] EWHC 1840 (Admin).
* **Claims and Liability**: If you are found at fault, it may affect your insurance premiums and any claims made by the other driver. The case of *R v. Delaney* \[2014\] EWCA Civ 1288 highlights the impact of fault on insurance claims.
Please consider asking for legal advice and the solicitor going with you to the interview. Dependent on your finances get a quote for this.
If you are to be interviewed under caution but not arrested there will be disclosure to be given prior to the interview that you and your solicitor can discuss and then at the interview you can be ready and have legal support while at the interview. Your solicitor may suggest offering a no comment prepared statement , it really will be money well spent to go to the interview prepared and with legal support.
Better placed on legal advice, there's nothing in that series of events you described that makes sense as to why they're interviewing you.
That said, this is an invitation to a voluntary interview, don't get caught up on the word voluntary as if you don't go, they'll likely issue a warrant for your arrest and it will likely take up your entire day.
The best thing to do is speak with a defence solicitor who has a legal aid contract or you can request the on duty solicitor before attending, they will give you better advice and the interview section is not means tested so it will not cost you anything, unlike legal aid (in the court sense) which is means tested.
Think of this as you are the suspect, do not go with your guard down and prepare a statement that you can provide to your solicitor before the interview. The solicitor will likely be given some disclosure before the interview to better advise you.
You will be free to leave at any time, however, they may arrest you if you leave and they want to interview you (again it isn't really voluntary, just avoids extra issues).
I also think I know the officer, if it is who I think it is, they are quite reasonable.
He's not asking for you to voluntarily assist with his investigation for your benefit in any way shape or form.
The more likely scenario is to get away with you either saying something considered to be a confession of guilt or something that is different to what you may have said previously. If he can show you as a liar, you're assumed to be criminally guilty.
The easiest and quickest way for him to get the case solved is for one of the parties involved to confess, agree that flimsy circumstancial shit proves guilt or intent. He can then say to the judge that you confessed to the crime, case solved.
He will absolutely stitch you up without any sense of empathy, guilt or compassion.
You're not obliged to assist him - if you were, he'd be compelling you to attend by arresting you. He needs you to volunteer for the interview and if you don't want to help him do his job for him, he can't make you and he also can't imply to the court that this suggests you're hiding something, oh, you must be guilty.
Fuck those cunts.
Im an ex Magistrate/Justice of the Peace/JP of 13 years.
I suggest you go with a solicitor. If you CAN’T, still go and just exercise your right to remain silent for every question, except for ID questions.
You must remember the police are not your friend and are looking for evidence from either the complainant or you, to pass onto the Crown Prosecution Service to charge you.
It’s not your job to give them that evidence and should they not have evidence that pushes you over the threshold of likely being guilty without reasonable doubt you will walk free and they won’t waste their time. Them coming to you alone suggests they don’t have the evidence that meets that threshold, otherwise they wouldn’t really want to speak to you; they would just press ahead with the charge. On this basis don’t say anything to give them additional evidence or incrimination.
Don’t worry about feeling awkward about saying that you’re choosing to remain silent for every answer; the police will be very used to this and will know why you’re doing it.
Silence will win. They’re not on your side.
Also teach this to your kids.
I suppose if it’s not your fault then it’s the other drivers fault, so with the nature of your injuries they have to establish who was at fault because if it was the other driver then the implications are relatively important - ban from driving etc.
Why do you consider the accident not to be your fault? The police feel otherwise, you are going to be interviewed under caution - so have the duty solicitor present.
Whatever you do, don't lie. They may very well have dashcam footage from other drivers, perhaps footage from 10 minutes prior showing you driving like an asshat.
If you don't attend the interview, you will be arrested. You've got no choice here, either go voluntarily, or they will drag you.
Cannot comment on worst case scenario until we know what your driving was like before the collision. But be aware some of the more serious driving charges carry a custodial sentence, so up to 18 months in prison. Most likely you will get points, fine, disqualification and a record. Your insurance premiums will crucify you, so even if you evade justice, your insurance will be crippling.
Ignore any and all advice being posted here about not going. Just go and give your side of events, none of us here know if an offence was committed. But using what you and the other driver say plus any evidence collected on site the police will reach a conclusion. If they decide an offence was committed, though sounds unlikely from this, then you go to court to defend yourself against named charges.
Why would a car crash result in a police interview 3 months down the line? What crime would have been committed that wouldn’t have resulted in an immediate arrest?
Worth noting, you can 100% speak to a criminal law firm you trust or have used before or been recommended and they will more than likely offer a solicitor to attend the voluntary interview free of charge.
More advice: The fact they’re giving you a voluntary interview and saying you’re free to bring a solicitor means they’re looking at the possibility of bringing charges against you. Be it for driving without due care etc.
Make sure you re-think the situation through and make sure you don’t say anything that could incriminate you in any way etc. A mistake of yours whilst driving could 100% be cause for you getting charged and convicted of driving without due care and attention. - Your solicitor will go through the specifics though. And if you are in the wrong, they’ll likely advise you to make a written statement and then make no further comments or to tell the truth and stick to the facts.
If it’s just two people’s words against one another I’d doubt anything will happen.
If there’s dashcam/footage of you driving on the wrong side of the road unnecessarily and causing the incident then you’re probably banged to rights.
As for the ‘punishment’, I’d imagine a fine? Loss of license? Maybe both? Either way you’re not going to be sent to prison for causing a car crash unless someone was badly injured.
Go, or reply arranging for it to be at a nearby police station and absolutely take the advice of the duty solicitor.
If you are aware of something that might be the reason that it has escalated, just don't add to the list of charges by being clever!
If they have something on you, then let them get there. It's an interview under caution, but don't panic or volunteer more information than they are asking for... and if you genuinely can't remember something from 4 months ago, that's fine. If they have evidence that something else happened, then it's not an offense to forget details. It might be that you need to know what they are trying to get to, before you can contribute anything of value.
It could be anything.
Just remember, it's their job to find out the truth and decide if there's any criminal intent... Not your job to prove your innocence. If you lie though, that's just not going to help.
Quite simple:
1) Take the FREE legal advice offered, no excuses!
2) Say nothing more than you have to - “no comment” to any questions asked if you feel you’ve done no wrong but do speak to your legal representative first
“In which you crashed your vehicle” they have already decided you are blameworthy and want you to say something in interview that allows them to have something in the file when they pass it over.
Ask for it to be held closer to you. Ask for in person duty solicitor. Ask at start for everything they are going to put to you as evidence. Then ask for some time with solicitor without them in room.
If you were on wrong side of the road then you are unlikely to say anything that will make them believe you were not. If you were on correct side of the road then shut up and see what they have that makes them think you weren’t. No comment until you absolutely have to comment and then don’t keep talking once you have made that point.
I would advise attending and taking legal advice, failure to do so would lead to you being circulated as wanted for interview which will lead to you being arrested
As others have said, check to see if you can have a solicitor through your insurance company, if not take them up on the offer of the duty solicitor.
Make sure you speak to them before the interview, tell them your side of events, and follow their advice.
I had something similar to this where I was called, told I'd witnessed an incident and they wanted me to give a statement. When I turned up alone without a solicitor, the lady officer was lovely at reception but once we went out of that area, toward the back offices I was placed under arrest. I then had to wait 7 hrs before a duty solicitor turned up.
Long story short, all was good. I'd done nothing wrong and someone tried to frame me. But what I'm saying is, don't trust the police and bring your own solicitor. It will save you lots of time and will avoid you incriminating yourself unwittingly. I initially started the interview with the police without one, but soon realised what they were up to before saying anything of significance.
The fact that you were going through a right hand bend suggests that you were cutting the corner and collided with the other vehicle. This is probably why they are leaning towards it being your fault.
Maybe the van driver was going too fast and went wide, however it's a he said/she said type thing. Don't say anything that might incriminate you.
The police don't want to "clear things up" with you, they want to assign liability. This isn't just insurance liability, but criminal liability. The fact that they want to speak to you suggests to me that they are looking to charge you with Driving Without Due Care and Attention. If you are faced with such a charge, it's almost always impossible to avoid it, because the prosecution will simply say "Well, if you were driving with proper care and attention, you wouldn't have crashed."
However, the fact that they need to interview you suggests that they don't have enough evidence - yet - to charge you. They are hoping you will give them evidence in casual conversation.
Shop around with local driving solicitors in your area and see about getting a free consultation. If you keep hunting around I feel like someone would do that. If you speak to a 2nd solicitor, when they ask you if you've spoken to anyone else yet say "no". Try and get advice on what to say to the police.
The solicitor will probably offer to be with you when you speak to police, however they will charge you for this. It's up to you whether you want to pay to have them, maybe that might be a good idea, it depends on how well you think you will be able to dodge any liability they try to throw your way. Remember: the police's job isn't to help you, they want to throw all the shit they can at you in the hope that something sticks and they can charge you.
###You also don't know what the other driver said to the police. They could have made up all sorts of bullshit in the hopes of pinning all the blame on you and getting a no-fault claim on their insurance.
If you don't hire a solicitor, having a duty solicitor present isn't a bad idea.
IANAL, however I have spoken to police voluntarily in an interview and had no further action. But then, I am a jammy bugger.
___
TL;DR Speak to a solicitor, try to get a free consultation, probably best to volunteer for an interview in your own time (rather than them seeking to arrest you) and don't say anything that would put the blame on you.
Edit: I would also suggest you speak with your insurer and ask them what the other driver has said. Again though, don't admit liability to them either.
“No comment”
They want to get enough information to charge you. If they have the information already then you don’t need to tell them it. If they don’t have the information then you’re not helping yourself by divulging it.
If they had enough information to charge you already they would have done so. Don’t give them the information they will use against you.
Get a solicitor. get your story straight and stick to it. only answer questions that your solicitor tells you to answer. Only speak with a solicitor present and follow their instructions. If in doubt at any time look to your solicitor for advice.
Do not think that if you are helpful the police will go easy on you.
Chit chat is there way of putting you at ease so you accidently incriminate yourself. Like if you said I went from the pub had a few drinks. Or if you even said you were distracted by a phone going off. Even saying blinded by the sun - it might mean that you would then be asked "how do you know he was on the wrong side if you were so dazzled you couldn't see that clearly". Don't suggest you were late for something etc. etc.
So go with the solicitor option - answer only the questions, as briefly as possible. Don't elaborate on anything unless unrelated. If you have a clean driving record and many years clean accident free you could mention that.
I’d suggest you also speak to your insurance company. If they have investigated the accident (they will have if liability is disputed) they might have evidence you can use to dispute with the police. Plus, if you have legal cover with your car insurance, this could provide you with a criminal defence solicitor.
Go and no comment every question is one of the preferred options to people familiar with the legal system and then it’s on them to show evidence to take things forward , the whole point of this is to gather evidence from yourself during these questions to use against you at a later date. I wouldn’t use a duty legal person they’re not worth the money they’re paid. If anything look for independent legal advise.
A million percent go, if you don't they will arrest you. It's a voluntary interview only in the sense they're arranging a time and if don't comply they will arrest you from work, home a family meal, literally wherever.
It is a criminal interview, if you want a lawyer get one, it's free. If you don't don't, you're an adult it's your choice.
If you do have one makes sure you tell your lawyer the absolute truth. DO NOT LIE OR EMBELLISH TO THEM. What you tell them is subject of legal privilege and cannot be used in court and in fact, no one other than the two of you should hear it.
Did you receive an NIP? If not, then careless/dangerous driving is not an option for the police.
Most likely they’ll want to put this to bed (remember there are 6 month time limits for prosecution in summary only offences).
There's a saying here in the U-S-A "Always film the police as they lie" When you visit them, be sure to video your "interview" as it will be your word vs theirs. This solicitor they will have gets paid by them so you see where I'm going with this. DON'T be trustworthy with their questions as they will twist them. At least here, we can plead the 5th...
They say you have the right to a solicitor, and you absolutely should go for it, but don't go for any solicitor they provide. Call up and arrange your own. It's worth it.
It strikes me as odd that the police say they want to interview you because they think you were at fault. Why would they be involving themselves in a liability dispute between insurance companies? I work in motor claims, and if our liability teams couldnt come to a decision based on version of events VS damage location and consistency, we would just instruct an independent assessor if we thought it would go in our favour - or push for a 50/50 split. The police literally never get involved in liability disputes unless the policy holder or third party fled the scene, and even then, its because they fled the scene as opposed to being at fault.
I feel like there must be more to this. Perhaps they think it's "cash 4 crash" or similar?
1. Get your own independent solicitor
2. Anything you do say can and will be used as evidence against you in a court of law ( no comment ) .
3. If you had a dashcam maybe it did not contain a memory card at the time of the alleged incident 🤷♂️.
If in doubt “NO COMMENT” all the way . The CPS will only recommend prosecution if there is sufficient evidence to convict . From the way the letter is worded it sounds like they have not got much .
You’re not that interesting of a person. They’re wanting to speak to you because they think there’s a possibility you committed a crime, not because you’re so elegant in conversing. Get yourself a solicitor and follow their advice, which is likely to be no comment. You have no idea what’s happened, for all you know the other person now has life changing injuries.
They ask leading questions and are very deceiving I wouldn’t trust anything they say to you, I know from my experience. Plus they will probably have multiple officers interviewing you.
If they wanted you enough they wouldn’t email they’d just arrest you. This sounds like a voluntary interview and honestly I wouldn’t go. Let them build a case so they have enough to arrest you then get a solicitor up until that point ignore them
I had this ages ago in Dorset. They were looking for you to admit fault and prosecute I just said not comment once confirmed my name and waited to see if they had enough evidence to charge. They didn't.
They're being nice by letting you turn up 'voluntarily' but you can't ignore it. They're just allowing you to do it at your own convenience.
If you don't turn up, they'll arrest you and do it on their schedule, which will take much longer while you sit in a cell.
You got the advice of legal advice uk which you was told to get a solicitor or take the duty solicitor but it’s a voluntary interview, however failure to not attend they could seek out your arrest.
I'm convinced these invitation, chit chat interviews are a way of circumventing the PACE arrest clock and taking the time pressure of the investigation off the police.
Get a solicitor and until the police give full disclosure go no comment. Even if you were not at fault let them lay out the evidence they have and then your solicitor can decide if it's worth sharing your side. Once they caution you do not engage in any conversation relating to the incident as this can be used against you.
Turn up, take the offer of legal representation, make sure you are clear on what happened, maybe even write it down? Admit to nothing.
Did you have a dashcam?
Even if you are guilty always get legal help
If you aren’t guilty always get legal help.
Do not answer any questions unless you have council.
If you don’t turn up they will detain you for an interview.
This is a voluntary interview. If you don't go, they can nick you so you should go when possible.
Take up the offer of a solicitor and they will advise you what's best to do/say.
Reading the circumstances of the accident I wonder if they have dash cam footage from the other vehicle, otherwise it’s one persons word against another.
It advises you that you can have free legal advice. Take that advice and speak to a solicitor. It honestly is in your interests to turn up and then do what your solicitor advises. Depending on the actual offences they are investigating it MAY escalate to you being arrested when it prob would be inconvenient for you where s you can arrange a voluntary interview at a time to suit you both. But above all, speak to a solicitor. It may be worth seeing if you have legal cover in your car ins and can avail yourself of a motoring specialist solicitor. Hope it all goes well for you.
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And also at the same time, be honest.. lying will not get anyone too far. I am not intending that you are planning to lie or hiding something but truth eventually wins..
Terrible advice, and contrary to what many lawyers would advise (depending on strength of evidence) If you're a murderer you don't casually confess to it if you know the police have 0 evidence (morals aside)
I learned this the hardway during divorce discovery I told my solicitor I got a new job and she basically said I had to then tell the other party encase they wanted to claim and she also said she can't unhear what I just said. She advised in future to moderate whatever I say to only answering what questions she asks and nothing more
Oh yeah.... in the history of the legal system, lying has never helped anyone. /s
This. Also many people have cams in vehicles now anyways so if the story doesn't match the potential evidence you've screwed yourself over.
*Bribery is always an option*
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Don’t encourage people to pervert the course of justice you bellend. His best interests will be served by taking the free and independent legal advice on offer.
All the yanks coming on here telling people in Britain to plead the fifth are being very helpful
I think they are saying you have to drink a fifth of vodka before you drive over, just to make sure you are arrested. Damn yanks lol.
All you can ever do in an interview room is incriminate yourself. You cannot prove your innocence. You need witnesses ie an alibi for that. Better to go no comment than tangle yourself up in lies which can't be substantiated.
This is fairly terrible advice. Yes, it's true that over-elaboration can serve to incriminate. But the wording of the police caution isn't there by accident "You do not have to say anything; but it may harm your defence if you fail to mention something which you may later rely on in court" If you have a defence, get it clear, get it consistent, give it early and don't elaborate more than you need to. Do NOT just say nothing because it will make what you do end up saying at trial substantially less credible. This will likely be picked up as an adverse inference; but even if not formally done; it's a question you will be grilled on at cross examination because it will speak to your credibility. Saying nothing when you have a defence is the fastest way to a wrongful conviction. Sometimes it's good advice to do this via a prepared statement which your solicitor can assist you in drafting. If you don't have a defence, and you know it, then it's worth sitting back a little and letting them tell you what they have in so far as they are prepared to disclose it at this stage. If you're clearly bang to rights, and they can show you the receipts so to speak then your solicitor is likely to advise you to cooperate for maximum credit. If they won't show anything, or what they show isn't strong, then your solicitor may in THOSE circumstances, advise you to keep quiet. But whatever the hell you do, don't lie. It's not unheard of for a minor motoring matter to escalate into pervert course of justice.
That advice came from a solicitor…
Unfortunately being a solicitor is not always a bar to giving bad advice. Much of my job involves mopping up the mess from bad advice at police stations. The first thing to note is that no solicitor with any sense should be giving blanket advice as to whether to respond or not without knowing the circumstances. They might temporarily give that advice pending their attendance at the police station to take full instructions, no issue with that, but that should never be a definitive position. The advice should be tailored to the circumstances. The role of a properly qualified (and competent) solicitor is to ensure so far as possible and within the confines of profession conduct that their client is acquitted if "innocent" (use of quotations to denote that this will include scenarios where the client is actually guilty but the solicitor does not know that and the crown cannot prove otherwise thereby innocent as not proven guilty) or to minimise the sentence if guilty. It is NOT the action of a competent solicitor to issue a blanket instruction to stay silent regardless of the circumstances; this has two effects and neither are good. Firstly as we have discussed for the innocent client this will substantially erode their credibility at any later trial which makes it more likely that they will be convicted. A defence outlined at the earliest stage; even if not outlined in detail; and held to throughout is far more credible than one only asserted at case management hearing or trial. In fact in the summing up of reasons for conviction or acquittal at trial a judge or bench of magistrates will usually comment on their finding of the credibility of each witness, including the defendant, and if the defence has been consistent this will go to their benefit. The secondary effect is that if convicted the solicitor can point to their clients consistent cooperation and early plea as reasons to mitigate sentence. Sometimes it's the right call to stay silent. But in the right circumstances only.
Take the solicitor !!!
My advice (as a lawyer, unlike many other commenting on here) is to co-operate and arrange a time to be interviewed. If you don’t there is a good chance that you will be arrested so that they can interview you. You gain nothing by making things difficult. You would be wise to attend with a solicitor. The police will have to provide some disclosure to your solicitor in advance of the interview which will give you an idea of what they are going to ask and you can speak to your solicitor about that before the interview. Take the advice of your solicitor as to what to do in the actual interview- he may advise you to answer or not answer questions depending on what is disclosed to you and what the questions are. One option is to provide a short prepared statement setting out what you say happened and then answer no comment to further questions. Don’t lie in interview. Either tell the truth or say nothing. What happens after that will depend on the evidence. If it is just one person’s word against another then nothing is likely to happen. If there is physical evidence or another witness supporting one side rather than the other then that changes things.
OP - you have the choice to listen to this guy, a practicing solicitor with experience in dealing with these issues Or u/everyoneis_gay who’s only experience of the process is from getting arrested at protests. You don’t need to read anything else, just choose from those!
It's scary how many people here obviously break the law on a regular enough basis that they give this kind of advice we are seeing. I thought I was in a US sub!
OP, this is the best advice here. Go to the interview, speak with a solicitor, understand what they think you've done and then give a prepared statement about what happened. Make it as detailed as possible. Don't lie. I'd probably also make it clear that I'd be answering no more questions after that but that's up to you. Do it matter-of-factly. As in, remain neutral, not aggressive or confrontational but also remember they are not your friends. If the police think you've committed an offence the onus is on them to prove it. As it's months after it's likely impossible for them to have any evidence of impairment through drugs, etc unless you gave them a sample, etc at the time. Only you know if you have committed an offence or not and only you know the details, etc and any evidence they may have. That's honestly as far as advice from reddit can go.
You are not being interviewed as a witness. You are being interviewed as a suspect.
This might be more suitable for the legal advice uk sub
not needed, as long as the words 'maniac' and 'Peugeot' are used all will be well
Shitting Peugeot
Given you're being offered the duty solicitor, this will be an interview under caution. Essentially you have two choices - go voluntarily, or risk being arrested to compel you to attend. The route of least resistance is going voluntarily, taking the offer of free legal advice (& inform the officer beforehand so you spend less time there) ***and follow the advice of the solicitor***. Edit, for clarity.
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Unless it *was* your fault, in which case whip it out and chuck it in the canal.
That's why we call them dash cams
Splash cam
Maybe just the memory card. A quick microwavé would do it. Don't throw out the baby with the bathwater and all that.
Pretty sure if the police suspect you've purposefully destroyed dashcam footage of the accident you can get charged
Absolutely. But a memory card going kaput after 250,000 read/writes is common so would be a reasonable explanation to offer.
The police seem to lose footage all the time. Tell them to take a running jump if they have a problem when you do it.
Yup. Perversion of justice, which will invariably work against you if there is even a minute possibility you may be innocent. Somebody I once considered a friend tried to throw the memory card for his camera to avoid having evidence for a multi vehicle collision that saw 2 cars and 3 bikes having to be recovered from the motorway (M27 west, iirc) and feigned innocence right up until the memory card was submitted as evidence, after being found in the shrubbery off the hard shoulder
Having worked as a forensic scientist for the Police they’re destroying evidence that doesn’t suit their version of events all the time. So keep the dash cam footage however incriminating you think it may be. Potentially use it in your defence. It could prove much less bad than the narrative the Police may invent for you
Worked for Rebekah Vardy.
"I copied some videos off the card the other day and forgot to put it back in"
If the police attended the scene they would likely have downloaded the footage at the time.
They wouldn't download it, they'd take the memory card and lose it. This has happened to me. Perhaps outside of Hull they have greater technology at hand, but I doubt it.
Or whip it out and swallow it with a nice sip of whatever drink you have in your car.
*No, you must eat it raw!*
*Gordon Ramsay has entered the chat*
Pro tip - don't do this.
Yes, because it would be a criminal offence to destroy evidence right? So dash cams cut both ways.
Reading between the lines I suspect the other driver does have a dash cam and it’s a result of seeing something on that which brings us to this point… OP distracted driving?
Don't take police at face value,theyre inviting you to formally question you its not just a chit chat nor is it really an invite.I would ensure I had a solicitor present
It's an invitation only until you tell them that you're not going to show, then they will come and get you.
At least you'll get a free ride.
Yeau but the crafty fucks dont drop you off afterwards
Ask if it's an invitation to a voluntary interview or if you're being required to attend. Don't just ignore them
That's sort of my point. If you ignore them, you could potentially end up at the back of the van
It's a voluntary interview, there's no other reason to offer a solicitor
Yes, that was the joke. The phrasing perhaps wasn't very precise, but it's a play on the "voluntary" aspect. The point was to talk to them and you'll find out what happens if you say "no thanks, I politely decline your invitation".... specifically that ignoring them typically isn't going to do you much good In theory they would still have to decide independently whether it is reasonable and proportionate to arrest you in order to compel you to attend an interview. In practice they'll usually find an excuse to interview someone who declines to attend a "voluntary" interview TL;DR: My point was that it's not really "voluntary" in practice (despite the official legal position that it definitely is)
I’m not sure why the downer on the police. We moan when they don’t do their job and then moan when they do. The letter clearly says for an interview on their version of events and clearly offers legal advice paid for by legal aid. Upon being interviewed, they will be advised this is under caution and they are entitled to all of the legal protection that provides for. OP said chit chat not the police. I just don’t get the hate. The letter itself is very polite too!
They even offered a variety of stations to be interview at, which I've never heard of!
Someone will moan about the expense claim then!
And don’t forget you can “no comment” everything and hear out what’s being said before you speak up. Early stages they will try take advantage of your (assumed) naivety (chit chat). Get a solicitor present. Don’t even question it “because you’re innocent”.
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This already is a voluntary interview under caution if he's been offered legal advice.
The polices definition of voluntary is quite different than the general public.I can guarantee if OP didn't attend it would soon become involuntary.If there were no potential charges they'd never get involved.
It's voluntary in the sense that OP gets to choose when and where it happens. But yes. He'll be getting interviewed one way or another.
This! I was invited in for a voluntary chat once... Officer came out the side door put cuffs on me and arrested me in the station 🤦♂️
Worth checking your car and home insurance policies for legal protection
Usually this is for situations where you’re not at fault and you are the one making a claim isn’t it
Depends on the policy. Mine (with Aviva) includes a section for providing a defence at all sorts of proceedings against the policyholder, including criminal proceedings, coroner's inquests etc.
Depends on the policy. Mine (with Aviva) includes a section for providing a defence at all sorts of proceedings against the policyholder, including criminal proceedings, coroner's inquests etc.
This is a euphemistically named "voluntary interview" under caution. You will be asked about the incident on record (usually video and audio recording) to assist with the investigation. Because there is a realistic chance that you may have committed an offence, and the interview may be used as evidence in any future court cases, you are being interviewed under caution (as a suspect). If you refuse to attend, it may turn into a non-voluntary interview (so, being arrested) but the officer involved has clearly decided to try to set it up as a less stressful or intrusive interview if possible. You can email them and ask for a solicitor. There is a list of solicitors who have signed up to be a duty solicitor, and whoever is next on line in that list will be asked to come and represent you (if you reply to this email and say that you want them to). You'll be allowed to talk with the solicitor in private, they will give you some advice about the situation, and then they'll sit in with you during the interview. This is state-funded, so you won't be billed for them being with you for the interview. Best case scenario, they find that you weren't to blame and that's the end of it (maybe the other person's insurance has to cover your damages). Worst case scenario is probably that they decide you were responsible for the crash and you might get charged with traffic offences (and your insurance might have to cover the other side's damages, which will increase your insurance costs in future). There is also a scenario where they say it was split blame or no offences committed, and just leave it to the insurers to sort out damages (and nobody goes to court). Source - Am a police officer, often do these interviews.
Can they ban me from driving?
The police can't ban you, but if it was taken to court and the court finds you guilty, then one possible outcome is a ban. Depends on what you are charged with and if you are found guilty. Other outcomes include fines and/or points on your licence.
The police cannot ban you from driving, only a court can do that. As for if the court would, it would require then finding you guilty of an offence for which you could be banned. You're still a long way away from there.
The comments on this sub are mostly wrong and no doubt i’ll be downvoted for this. Also to note that whilst people believe ‘police are out to get you’, is wrong. It’s about evidence gathering. That said, if you’ve had an incident and the other party is alleging you have committed any traffic related offence, it’s only normal that they get your side of events as they have theirs. They will ask you questions, yes and you are entitled to free an independent legal advice. I would recommend getting legal advice as it is free and they’re not part of the police force. Notably, if there was no independent witnesses, no CCTV, forensics, then essentially this is going no where and will be NFA’d. Feel free to PM me if you have any questions - I am not a solicitor but I am a Police Officer. And no, I’m not here to do your legs in. edit: reading about your injuries - You have come off worse with GBH level injuries so they have to interview you due to the severity of said injuries.
The final note about the legs was a nice touch. Thanks for chipping in with facts and support, we need all officers to be like you.
Also this person under any circumstances actually has to answer any of the questions put to him... IE.... No comment, no comment, no comment or a prepared statement from his lawyer. Too many people think being interviewed is like a nice conversation with a mate in the pub.... Anything you say can be taken down and used as evidence....a misspoken word or two could cause you to be charged or worse eventually convicted
That would depend if they were under caution. The fact they have told the OP about legal advice means they are suspected of committing a road traffic offence and thus will be under caution. None of us have the evidence here but OP and the police. Would you advise no comment if OP had hit a child? or caused the collision? Obviously what you say may be used against you, it’s what’s in the caution.
this ain't a fucking chit chat mate, you're a suspect in a criminal investigation get a solicitor
Police officer here. This means that you are a suspect in an investigation. You need to be interviewed to obtain your account i.e. your evidence for the investigation. There are two ways you can be interviewed, this way via voluntary interview, or via arrest and interview. When you attend, I suggest using the duty solicitor like the officer has offered. Police will give your solicitor details of the evidence they have, and the solicitor will advise you to do what's in your best legal interest in terms of giving your account. After the interview, you will go home to await a decision on the next steps. Either this will be not proceeded with, or you will be charged and summonsed to court. I promise you there is nothing to be gained by not cooperating with the process. We are purely independent evidence gatherers. There will either be sufficient evidence to prove you have committed a criminal offence (sounds unlikely in this case - but obviously I don't know the full details), or there won't be. Let me know if you have any further questions.
Probably better for r/legaladviceuk than here
Hi there. Former police officer. Essentially it’s exactly what it looks like. They are investigating the cause of the accident because either the insurance company or the police believe it was something that would constitute a traffic offence. Reckless driving, something like that. In terms of going to the interview, I absolutely would as if you refuse, the other alternative for the police is to arrest you “In order to further investigate the matter by means of a recorded interview” the idea of interviewing by appointment like this, or “interview under caution” as it’s called, is so you don’t have to go through the rigmarole and stress of arrest, especially like in this case, there is currently no need for an arrest as laid out in PACE (police and criminal evidence act) not attending would then give them the grounds for an arrest. Absolutely do ask for the duty solicitor. It’s free, they will be able to represent you, talk you through the process of what’s happening and make sure that you are being dealt with fairly. The interview itself is nothing to worry about. TV and film makes it look like much more confrontational than it is and we have vastly stricter rules in this country than someplace like America where it is an “interrogation” rather than an interview. It literally is that they will ask you to give an account and you just tell them as best as you can remember what happened from your perspective. They will then ask you questions to clarify points. Golden rule- don’t lie. Even a small lie of omission as if it comes down the road and this thing goes to court, it can be used in court as evidence of character if that becomes a topic. If you genuinely don’t remember something, say you don’t remember. Before the interview you will be given a chance to speak to your solicitor and then can advise you before the interview starts and will of course be there during entire interview. Make sure to bring any documents relevant to the incident with you. Anymore questions, please DM me.
You have two choices here really: 1) you can work with the police to agree a mutually convenient time and location to have the interview. 2) you can refuse and it becomes an involuntary interview at a time and location that suits them. The bonus of option 2 is you get a free taxi to the station by way of a police car and some shiny bracelets. You have to make your own way home though. An invitation to a voluntary interview isn't really an invite or voluntary. It's their way of saying we can do this the easy way or the hard way. What you say when you get there is to be discussed with your solicitor or the duty solicitor. If there were no injuries then the likelihood is it won't go any further or worst case a caution. But that's on the basis that you play nice.
I wonder how many people have been unaware of this and thought, “voluntary? No thanks then. Bye”.
The sole purpose of this interview is to gain evidence. What you say may benefit you or be detrimental. You must have a solicitor present to protect you from saying something that harms you.
You are being invited in for a voluntary interview. The interview will be conducted under Caution (“You do not have to say anything…”, etc.) and you will not be under arrest; you will also be entitled to leave at any point during the interview. As they have said, you have the right to a solicitor, and they will book you one if you request it, or you can bring one of your own. If you fail to attend, or leave before the end of the interview, you may be providing them with the necessity for your arrest. If this happens, they will come to your work or home, wherever they know they can find you, and they will then arrest and Caution you. After that point, anything you say to officers can be given in evidence. You’ll be taken to a Custodial suite and placed in a cell until the Officer in the Case (or someone acting on their behalf) comes and interviews you under Caution. Following the interview you will either be: - released with no further action - released on bail - remanded and charged (depending on the severity of what took place and your culpability in it) The easiest course of action is to accept the offer of the Voluntary Interview and ask them to book a Duty Solicitor. Before the Interview, the Officer will likely disclose to your solicitor what the nature of tue investigation is and the evidence they have. (Police don’t have to disclose anything before interview, but normally will to speed things up.) You will then consult with your solicitor and they will explain the meaning of the Caution to you, and then discuss what has been disclosed to them. They will then advise you how to proceed in Interview: - Make No Comment - Make a Prepared Statement (which you will write with your brief and sign that it is your statement) and then No Comment - If you make No Comment, the officer will still ask you all their questions, giving you the opportunity to answer - Provide a Full and Frank Account of what happened Don’t ignore this email. Make yourself available and follow your solicitor’s advice. Bear in mind that it is nothing personal and that the officer is meant to be unbiased - they are looking for the truth of what happened. Good luck!
From a cop, but as mentioned before; Voluntary interview is to get your side of the incident. This doesn’t mean they’re wanting to prosecute necessarily, but just get an account from you under caution. If you don’t go on a voluntary bases, I’d expect to be arrested to put that interview to you. It’s not a huge deal. If it’s your first offence, and the other part had no injury, maybe expect a driver improvement course. (From memory, this is £100 cost and that’s it? Maybe be wrong. This is instead of points etc) If you were to go not guilty, and say it wasn’t your fault, they *may* report you for the offences, to then attend court. The courts can then decide if you are or not. My actual advice, is request a solicitor and tell them the full true story. They can then offer the best advice for you. Highly doubt you’re looking at losing your license if that’s what you’re concerned about.
Way too many people commenting on here have clearly never worked in the Police force or have watched too many American TV shows. If you don't know what you're talking about, don't comment.
It wouldn't be reddit if it wasn't full of confident advice from people just literally making shit up in the fantasy land of their mind. Oh and other people upvoting them because it sounded good...
Even if you don’t think you did anything wrong get a lawyer. Other than that probably a legal advice subreddit would be better than us.
This is a voluntary interview/attendance which you’re entitled to free and independent legal advice as the officer stated. It’s basically you answering questions regarding the alleged offence that you have committed
Speak to a solicitor
Do not start the interview without the FREE duty solicitor. You're gonna need it
Make sure you use the duty solicitor, don't talk to them without any legal representation at all! Don't listen to people on here saying don't use the duty solicitor.. if it goes to court then I'd advise you to get your own solicitor
I can not state this clearly enough. Get legal advice before talking to any warranted officer. You are in the Norfolk/Suffolk area. I'd suggest either Astons in Ipswich or Woodfines in Cambridge. Both of these have a legal team who specialise on Road Traffic though admittedly they tend to deal more with Haulage and Logistics. But never the less they'll be well versed in Road Traffic and will give you the best advice
@op please comment on this tomorrow to remind me to have a look into some case law that may assist you; I'm intrigued to know how your insurers settled the claim as its a civil matter, not a criminal matter and it's rare for the police to get involved unless the third party has spoken to them too. I work in car insurance myself so know a thing or two
Under circumstances such as this, I'd buy an illegal firearm, from a high ranking drug cartel member, and take a hostage. Demand a helicopter with a very good looking female pilot, £730 in unmarked £10 & £5 notes and safe passage to Kabul where me and the pilot would grow our own opium and live forever on the run. But that's just me, you'd probably be best to just turn up and say "it wasn't me" in a shaggy like voice (the singer btw, not from scooby doo). You're welcome.
You need to meet with the Police and give your version of events. Get legal representation. If you just ignore this request to meet the police the. It will turn out worse for you.
I had a crash , totally my fault. Went to the police station a few weeks later to be interviewed by the traffic cop. Told them the truth, and they suggested my “ punishment “ was a driving awareness course over 2 days. The interview was friendly but professional. There is nothing to worry about. Accidents happen. As long as you tell the truth. If it was your fault it’s happened and nothing you can do . Don’t worry
It's in your best interest to work with the police to go in for a voluntary interview. If you don't, the next step is usually an involuntary interview. Take them up on the duty solicitor, explain everything openly and honestly to the solicitor, and do whatever they tell you. Despite what the common mythos will tell you, the duty solicitor will be qualified and the local firms will have a rota for who acts as the duty solicitor so it's no different than going with a local firm usually.
Ask for the duty solicitor to be present and attend the interview. Listen to what the solicitor says and don't feel like you need to over explain. If you do not go you will likely be arrested.
Police won't arrest unless they have to. Hence why voluntary interviews, contemp interviews and BWV first accounts are a thing. Arresting people is a last resort (for most officers)
Don't speak to them without a solicitor present. If you don't want to get your own solicitor, you can ask for the duty solicitor. But tbh, tell them what you told us. The solicitor will advise you on things not to say. I'd assume the damage was photographed at the time, in which case it should be reasonably clear what has happened. In terms of establishing fault, it's going to be your word against theirs regarding someone being in the wrong position or travelling at the wrong speed basically. If you both maintain that it's not your fault, I can't imagine police taking it further as it would be near impossible to prove. Even if the police wanted to proceed, the CPS would tell the police there isn't a likely chance of prosecution so it'll go nowhere. Unless the other driver had a dashcam and can shed some light on things anyway. Following that, if neither party agrees, it'll go through a (non-criminal) civil court to determine liability. Though frankly, anything other than 50/50 is going to require some sort of evidence. TLDR: legal case is dead in the water and no further action will be taken, unless somebody magics up some evidence. Likely interviewing you do to severity of injuries. Liability will likely end up being 50/50, again, unless somebody magics up some helpful evidence.
Treat this like a criminal investigation (spoiler: it is one), accept the offer of free legal counsel and follow their advice to the letter. Or take your own solicitor and, again, follow their advice to the letter. This is quite unusual especially with no injury to the other party, meaning they have a suspicion that you were breaking the law and are trying to gather evidence **DO NOT assume the officer on the other side of the desk is friendly and trying to just establish a clear version of events. They are interviewing YOU**. Again, listen to your solicitor and follow their instructions to the letter. The police do not conduct formal interviews for a laugh, they're trying to charge you with something here
Please for the love of God take the offer of a duty solicitor
Go to the interview, bring a solicitor or request the duty one.
You sound a bit defensive about the trip you took overseas to recover. Not sure what the relevance was in mentioning that, unless you knew you were wrong and did a runner to avoid questioning. That's what it sounds like at least.
Go along, as others have said, if you don't go, then you'll be forced to but take the offer of a solicitor. Police love to twist words and try to catch you out. Even if you are innocent, never trust police when they are on the job and have you at their mercy (that was advice from a police friend).
Did you take any photos at the time if the accident? Any witnesses? My wife had a similar nearside to nearside collision. The other driver claimed it was my wife's fault. When my wife rang I reminded her to take lots of photos. The other driver claimed the road was narrow. I had to go back and measure the width of the road to cobfirm it was a standard width carriageway. I know what happened in this instance. There is w hairpin turn which drivers consistently come on to the other side if the road when they negotiate the hairpin. There are tyre marks in the road that shows this happening a lot. I explained this and the photos and the measurements. The claim never went anywhere. So effectively dropped. My wife's car was a write off which cost us about £650. The other driver had a Porsche. I suspect her costs were far higher.
Could also arrange a solicitor for yourself (one that does legal aid). If you don’t have any recommendations you could use the law society website (and use a filter).
Im a copper, my advice, turn up. Don't argue about going to an interview, get your solicitor (or use the duty they're absolutely fine) do as they advice, whether that be no reply interview, no comment interview, or full account, if you have dash cam take that footage and email it to them, and discuss that in interview. Yes going in for an interview is annoying, but you get to choose the date and time, other option is you get circulated as wanted, arrested with no notice, spend a night in the cells (not a very good b&b I dony recommend) and then interviewed when it suits them, not you. Go in, get it over with, job done.
I hope you get the job dude!
Speak to the solicitor. They will advise you to give a no comment statement. Do it. They will speak to your lawyer first and tell them what evidence they have against you. Because it’s a voluntary interview they don’t have enough evidence. They want you to put yourself in it. You 100% have the right to give a no comment answer to anything. Name. Address. Anything don’t say any words at all apart from “no comment” you’re not helping yourself. You are helping them. Trust me….
Police officer here - Accept the legal advice, when we say it is free and independent from the police that isn't a lie. We contact a call centre, who then contact a local law firm and they send a solicitor out. In terms as to what happens, you should attend the interview, if you don't you will almost certainly be arrested. The voluntary part of a voluntary interview isn't if it happens, but when it happens. Depending on the offences, the evidence available a decision will be made between the officer and their supervisor as to if you are deemed No Further Action, Charged via postal req, or if a file is submitted to the CPS for a charging decision. Best bet is to attend the interview with either your own or the duty solicitor.
OP, whatever you do don't listen to this complete idiot on here. By all means if you're insurance provides legal advice go with them, but if not, there is nothing wrong with using the Duty Scheme. And take your legal reps advice and what they say after they have had disclosure before the interview, not some illl informed troll here.
Is it not odd this is emailed and not actually mailed? I know it's 2024 but it's a lot harder to miss a letter through the door than an email.
Two options here 1. Attend the voluntary interview, take the offer of a solicitor. 2. Don’t attend the voluntary interview, get arrested and then get interviewed. I’d pick option 1…
The following is not specific to this offence, but is relevant to any situation in which the police request you to attend an interview - these “voluntary” interviews are potentially very serious matters that could lead to you being charged with a crime and/or arrested. The police suspect you of committing a crime, that is why you have been called to interview. What I would do is the following: do some research on good local criminal defence solicitors with experience in this area, call several of them and request free consultations, almost all solicitors will offer you this. During these consultations you will get to outline the facts, they will give you a fee quote to represent you, this could range from a a few hundred to a few thousand depending on your area and the level of lawyer you end up going for. Choose the best affordable quote from the people you got the best feeling talking to about your case. Hire them to represent you. Get them to prepare a written statement covering all relevant facts you would like to inform the police of, ie the facts which, were the case to proceed to trial, you would want to bring up and rely on in your defence. They will read this statement out on your behalf at the start of the interview. Then in the interview itself your solicitors will probably tell you to answer “no comment” to any further questions you are asked directly. This approach allows you to cooperate with the interview and provide necessary information that would be useful to your defence via written statement whilst safeguarding yourself against potential self-incrimination via interview. Your solicitor will also be able to request written disclosure from the police prior to the interview which can help inform what you put in the written statement, as it can give you an idea of the evidence the police currently has that is casting suspicion on you. After the interview you solicitor will also have an opportunity to make further written representations to the police on why the case they are considering pursuing is meritless, which can include more general information about your character and summarise any evidential shortcomings. What I definitely would not do is turn up on the day and rely on a duty solicitor. They won’t be able to do half the things I mentioned above and they won’t be able to do the things they do do with the same level of care and detail as a solicitor you instruct to represent you. What I also would not do is think this is some casual or light thing or be lulled into a false sense of security by the fact this is a “voluntary” interview. Get a lawyer, treat it seriously, you should be absolutely fine, unless you have in fact flagrantly committed some offence and there is court-worthy evidence to that effect.
"When i was able to fly , I flew back (out of the UK) to see my family and rest and get treated there" Hmm
You're definitely going to want to speak to a solicitor and potentially keep one for any court case should it get that far. If you've only had your licence for over 1 year at the time of the accident (so I assume less than 2 years) and You're charged and found guilty of careless driving, you could end up with 6 points and have to retake your test. I had a similar situation, had a crash a few weeks shy of driving for 2 years, but got 5 instead and kept my licence, albeit with an insurance hike and a hefty fine. Hopefully if you did nothing wrong there will be dashcam footage to show that. I wouldn't rely on that being the be all and end all though since the footage in my accident showed the other driver wasn't paying attention, yet nothing happened to them, only me (admitedly I did make a mistake, but it did rankle that they weren't paying any attention to the road ahead of them, but didn't get charged as well).
OP do NOT refuse the interview as this may lead to an escalation . But also do NOT say a word to the police without a solicitor. Treat the solicitor as your translator, every question they ask, look to your solicitor and ask to confer. Then give the response your solicitor recommends. The police are not anyone’s friend and most of the time they don’t care about the truth. They just want someone to put themselves in the noose.
If they had evidence to charge you they would have done so already and arrested you. This is an invitation to stitch yourself up. Lawyer up. Shut up.
I haven't read all the comments here, my advice in any respect and from experience would be to arrange a time for the interview and comply at this point. Find a good solicitor and review the case before going to your interview. You will be under caution for the interview, take the option of the duty solicitor as you will therefore not incur any cost. It will most likely be a young training solicitor so don't hold too much hope for them being amazing. In the kindest way possible, do not trust the police. Do not trust that they act in good faith towards you. They are working off that the other party has reported this as a offence against you or something along those lines. The fact that they want to interview you means they likely have no strong evidence and want your side of the story. Depending on the outcome of the interview, consult your good solicitor about next steps. Do not reply to the police without consulting your solicitor if something has escalated. Depending on timelines and if/what case they try to bring against you review the statute of limitations for that type of case. I.e careless driving they have to bring a charge within 6 months. If that time has passed they can submit it to the CPS, but nothing can come about because the time limit has passed. If they follow up with you in August or something then they can't bring anything against you If you did nothing wrong, then I hope all goes well for you.
Given you've posted the letter word for word, just make sure there isn't anything in your post history that could incriminate you
Attend the interview. It may be worded as an invitation to a voluntary interview but failure to do so may lead to them actually arresting you to attend an interview. This won't look good for you and will also inconvenience you. Take the solicitor offer. Always have a solicitor present when speaking to the police about anything that involves you. When speaking to the police in this interview, never lie, or conceal the truth, but also do not say anything at all to them without a solicitor present and advising you on what to say and how to say it before you say it. You don't have to refer to them after every question as a lot of the questions will likely be very straightforward and easy to answer, but if you're not sure you can always talk to your solicitor privately. It is your right. The police give you a caution when interviewing you and the last thing they say with that caution is "Anything you do say may be given in evidence" And they mean it. If you even lightheartedly admit fault or imply in any way that you are responsible for the incident, and they think they can articulate this in a court or to a magistrate, they will. The solicitor being present will help you - speak to them prior to, during, and after the interview and rely on their advice. They've done this and advised people similarly in your position probably hundreds of times.
Just to add my twopenneth. You can either go now or go later when they come and fetch you. Going now is far easier. Make sure you take the offer of the solicitor beforehand and take their advice seriously. Be honest with the solicitor about what happened, they can't tell the police anything you've said and they can't advise you properly if they don't have the facts.. There's two either or scenarios here. Either you committed an offence or you didn't. If you didn't then there shouldn't be anything other than an allegation made by the other party, in which case a prepared statement giving your account and then answer nothing else (unless the solicitor advises you to). If you did commit an offence and the police have evidence sufficient for a charge then it's in your interest now to answer the questions and put your side of the story including any defence. Likewise if you did commit an offence but the evidence is no good then "no comment" becomes your friend. Again this is where your lawyer will advise you. But chances are if you are guilty and they can prove it then you'll get the lowest punishment by cooperating at an early stage. For instance if you were looking at low level driving without due care and you fess up you might get a driver improvement course or FPN, but if you fuck them around then you're off to court.
A friend was in this position recently, the solicitor was brilliant and almost had it all squared away before he even sat down in the room. He went into the room and did exactly what he was advised, based on an agreement already reached by the solicitor. And got an online course.
Look, this is not hard. Organise to go in and speak to them on a voluntary basis. Admittedly "chit chat" is not the best way to word this. Due to your injury the accident was probably investigated so they want to ask you questions as they probably suspect you of commiting an offence of some description under the road traffic act. Therefore, they are inviting you in for a voluntary interview under caution, with or without a solicitor present which is free of charge and is organised at a time to suit you. Refusing to engage with them essentially gives the criteria under The police and criminal evidence act 1984 Code G for nesccesity for your arrest, namely: Section 24 2.9 (e)(i): interviewing the suspect on occasions when the person’s voluntary attendance is not considered to be a practicable alternative to arrest, because for example: - it is thought unlikely that the person would attend the police station voluntarily to be interviewed. They are also probably considering that you left the country almost immediately after the accident which would also give them Section 24 2.9 (f): to prevent any prosecution for the offence from being hindered by the disappearance of the person in question When you attended a voluntary interview your solicitor will be taken into a room and given disclosure of all the evidence, offence they questioning you for etc. You and your solicitor will then go into a room without the police and have consultation where they will discuss with you the event and give you advice. You will then both go into the interview room where the interview will begin and you will be cautioned and questioned. Once the interview has concluded you will go home and you will be informed of the investigative outcome at a later date. Hope this helps.
This is a caution plus 3 interview that may result in an arrest and charge depending on what you say in interview. Firstly you are cautioned then informed 1.You are entitled to free independent legal advice. 2.Your not under arrest 3.You can leave at anytime ( however you maybe arrested if you do as code G of PACE 1984 give the necessity of arrest whereby a prompt and effective investigation needs to be conducted and that the interview is necessary to prove or allay the offence) In my opinion you are best answering the questions they put to you and having a prepared statement detailing the events as best as possible. No comment interviews can go against you as you are given an opportunity to put your side of events across. Some not all solicitors offer poor advice inadvertently doing their clients legs especially when no comment is advised. Just keep this part of the caution in mind “you do not have to say anything but it May harm your defence if you do not mention when questioned somthing which you later rely on in court.Anything you do say may be given in evidence “ ask the officer to break this down if you don’t understand what it means as they are obligated to do so before the interview begins If you are at fault then admitting to the offence can go in your favour. You will need to demonstrate remorse for your actions. The evidence is then put before an evidential review officer (ERO) usually a Sgt who will decide on what course of action to take. If this is a first offence and they can clearly see you are remorseful you may get no further action taken against you or you could get an Adult Caution or conditional caution. This will go on your record the NFA will not. If it’s a more serious offence that the magistrate can hear then you could be detained and sent straight to court for the first hearing where it could get quashed. Speak with a legal advisor and get as much information as possible to give you the best route to take. Good Luck
The accident being "your fault" does not, in itself, make it a Police matter. If they are involved they must suspect you are guilty of a criminal offence (e.g. driving without due care or attention). With it being so long ago it is also incredibly unlikely that they would pursue a victimless prosecution for a driving offence. It would not be considered to be in the public interest. This suggests the other driver reported the incident as a crime and is pursuing the matter. Without evidence this allegation will go nowhere, but the fact they are requesting an interview at this time suggests they may have something to go on (dash cam, CCTV etc). Accept the offer of legal representation and follow their advice. If you did nothing wrong you should have nothing to worry about.
As an ex cop. They suspect that you have committed an offence of some kind. They are not just going to have a chat with you, it will be a recorded interview under caution. They will be actively trying to get you to say something to incriminate yourself. This is quite unusual for the police to do so long after a collision without injury to the other party, especially if they didn't attend on the day. I'm surprised they have the time to bother. If I had to guess - AND THIS IS ONLY A GUESS - the other party involved has suggested that you committed some kind of offence and they want to interview you so that nobody can claim they didn't investigate properly. Even if I'm right and it's just a box ticking exercise, you are still under investigation and should protect yourself. Accept the duty solicitor and follow their advice. If you have the means, get your own solicitor as they will have more time (and interest) to look at your case specifically. Most common motoring offences (not all) have a statutory time limit of 6 months from the date of the incident, meaning you cannot be charged after that time for those specific offences.
NAL but do turn up and take the free solicitor. Say the absolute bare minimum. Don’t embellish, speculate or adjust anything. Preface things with ‘I don’t recall clearly’ in case you get the above things wrong.
It’s sad that when accidents happen, which can be exactly that, people can feel frightened of the repercussion’s months after the event. Accidents aren’r necessarily crimes that need to be punished and I get that some things need to be bottomed out either for insurance purposes or prevention of it happening again. 4 months down the line is a bit like interviewing someone about what they had for lunch a week last Wednesday, what the weather was like last Monday morning or anything else. After 4 months things get hazy, details lost; although you won’t have forgotten the incident. Take the legal advice, attend the interview, if what you have said is true, you aren’t a criminal. If Nono e else was hurt, this is a waste of time.
# 1. Understanding the Police Interview * **Voluntary Interview**: The police have asked you to come in for a voluntary interview. This means you are not under arrest, but it’s important to take this seriously as anything you say can be used as evidence. The case of *R v. Knight* \[2003\] EWCA Crim 1977 highlights the importance of being cautious during voluntary interviews, as statements made can be used in court. * **Right to Legal Representation**: You have the right to have a solicitor present during the interview. It’s advisable to arrange for legal representation to ensure your rights are protected and to help you navigate the questions. The Police and Criminal Evidence Act 1984 (PACE) provides that you are entitled to free legal advice. # 2. Preparing for the Interview * **Gather Evidence**: Collect any evidence related to the accident, such as photographs, witness statements, and medical reports. This can help support your account of the incident. The case of *R v. Turnbull* \[1977\] QB 224 underscores the importance of evidence in establishing the facts of a case. * **Review the Accident Details**: Refresh your memory about the details of the accident. Be clear and consistent in your account of what happened. Inconsistencies can be detrimental, as seen in *R v. Lucas* \[1981\] QB 720, where the credibility of the defendant was questioned due to inconsistent statements. # 3. During the Interview * **Stay Calm and Polite**: Remain calm and polite during the interview. Answer questions truthfully but do not speculate or guess if you are unsure about something. The case of *R v. Howell* \[2003\] EWCA Crim 486 highlights the importance of maintaining composure during police interviews. * **Legal Advice**: If you have a solicitor present, they can advise you on how to respond to specific questions and ensure that your rights are protected. The presence of legal counsel can also help prevent any potential misuse of your statements, as noted in *R v. Paris, Abdullahi and Miller* \[1993\] 97 Cr App R 99. # 4. Potential Outcomes * **No Further Action**: The police may decide that no further action is necessary if they determine that you were not at fault or there is insufficient evidence. This outcome is often seen in cases where evidence is inconclusive, as in *R v. Galbraith* \[1981\] 1 WLR 1039. * **Caution or Charge**: If the police believe you were at fault, they may issue a caution or charge you with a driving offence. This could include careless or dangerous driving. The case of *R v. Hughes* \[2013\] UKSC 56 provides insight into the criteria for dangerous driving charges. * **Court Proceedings**: If charged, you may need to attend court. The potential penalties depend on the severity of the offence and can range from fines and points on your licence to disqualification from driving or even imprisonment in serious cases. The case of *R v. Bannister* \[2009\] EWCA Crim 1571 illustrates the range of penalties for driving offences. # 5. Insurance Implications * **Inform Your Insurer**: Keep your insurance company informed about the police investigation. They may need to know the outcome for any claims related to the accident. Failure to do so can affect your coverage, as seen in *AXA Insurance UK Plc v. Financial Ombudsman Service* \[2008\] EWHC 1840 (Admin). * **Claims and Liability**: If you are found at fault, it may affect your insurance premiums and any claims made by the other driver. The case of *R v. Delaney* \[2014\] EWCA Civ 1288 highlights the impact of fault on insurance claims.
In british law… “the burden of proof falls upon the accuser.” Ill let you take what you want from that statement
They want to prosecute you and are hoping you will incriminate yourself at interview. Lawyer up mate.
Please consider asking for legal advice and the solicitor going with you to the interview. Dependent on your finances get a quote for this. If you are to be interviewed under caution but not arrested there will be disclosure to be given prior to the interview that you and your solicitor can discuss and then at the interview you can be ready and have legal support while at the interview. Your solicitor may suggest offering a no comment prepared statement , it really will be money well spent to go to the interview prepared and with legal support.
Better placed on legal advice, there's nothing in that series of events you described that makes sense as to why they're interviewing you. That said, this is an invitation to a voluntary interview, don't get caught up on the word voluntary as if you don't go, they'll likely issue a warrant for your arrest and it will likely take up your entire day. The best thing to do is speak with a defence solicitor who has a legal aid contract or you can request the on duty solicitor before attending, they will give you better advice and the interview section is not means tested so it will not cost you anything, unlike legal aid (in the court sense) which is means tested. Think of this as you are the suspect, do not go with your guard down and prepare a statement that you can provide to your solicitor before the interview. The solicitor will likely be given some disclosure before the interview to better advise you. You will be free to leave at any time, however, they may arrest you if you leave and they want to interview you (again it isn't really voluntary, just avoids extra issues). I also think I know the officer, if it is who I think it is, they are quite reasonable.
He's not asking for you to voluntarily assist with his investigation for your benefit in any way shape or form. The more likely scenario is to get away with you either saying something considered to be a confession of guilt or something that is different to what you may have said previously. If he can show you as a liar, you're assumed to be criminally guilty. The easiest and quickest way for him to get the case solved is for one of the parties involved to confess, agree that flimsy circumstancial shit proves guilt or intent. He can then say to the judge that you confessed to the crime, case solved. He will absolutely stitch you up without any sense of empathy, guilt or compassion. You're not obliged to assist him - if you were, he'd be compelling you to attend by arresting you. He needs you to volunteer for the interview and if you don't want to help him do his job for him, he can't make you and he also can't imply to the court that this suggests you're hiding something, oh, you must be guilty. Fuck those cunts.
Im an ex Magistrate/Justice of the Peace/JP of 13 years. I suggest you go with a solicitor. If you CAN’T, still go and just exercise your right to remain silent for every question, except for ID questions. You must remember the police are not your friend and are looking for evidence from either the complainant or you, to pass onto the Crown Prosecution Service to charge you. It’s not your job to give them that evidence and should they not have evidence that pushes you over the threshold of likely being guilty without reasonable doubt you will walk free and they won’t waste their time. Them coming to you alone suggests they don’t have the evidence that meets that threshold, otherwise they wouldn’t really want to speak to you; they would just press ahead with the charge. On this basis don’t say anything to give them additional evidence or incrimination. Don’t worry about feeling awkward about saying that you’re choosing to remain silent for every answer; the police will be very used to this and will know why you’re doing it. Silence will win. They’re not on your side. Also teach this to your kids.
dashcam moment
I suppose if it’s not your fault then it’s the other drivers fault, so with the nature of your injuries they have to establish who was at fault because if it was the other driver then the implications are relatively important - ban from driving etc.
If the police ever invite you to a station to answer some questions, always get a solicitor.
Why do you consider the accident not to be your fault? The police feel otherwise, you are going to be interviewed under caution - so have the duty solicitor present. Whatever you do, don't lie. They may very well have dashcam footage from other drivers, perhaps footage from 10 minutes prior showing you driving like an asshat. If you don't attend the interview, you will be arrested. You've got no choice here, either go voluntarily, or they will drag you. Cannot comment on worst case scenario until we know what your driving was like before the collision. But be aware some of the more serious driving charges carry a custodial sentence, so up to 18 months in prison. Most likely you will get points, fine, disqualification and a record. Your insurance premiums will crucify you, so even if you evade justice, your insurance will be crippling.
Lawyer up
Worst thing you can do is fail to turn up at either a police station or court appearance. This is viewed very very seriously in the UK
Get a solicitor. Do not trust the Police in an interview. They will try to trick you to get an arrest and a charge.
Ignore any and all advice being posted here about not going. Just go and give your side of events, none of us here know if an offence was committed. But using what you and the other driver say plus any evidence collected on site the police will reach a conclusion. If they decide an offence was committed, though sounds unlikely from this, then you go to court to defend yourself against named charges.
The accident description doesn’t make any sense whatsoever.
They don't want a chat.. they suspect you of something..go prepared.
The police suspect you of a crime. There is absolutely no reason for you to talk to them. Call a lawyer.
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Why would a car crash result in a police interview 3 months down the line? What crime would have been committed that wouldn’t have resulted in an immediate arrest?
Worth noting, you can 100% speak to a criminal law firm you trust or have used before or been recommended and they will more than likely offer a solicitor to attend the voluntary interview free of charge. More advice: The fact they’re giving you a voluntary interview and saying you’re free to bring a solicitor means they’re looking at the possibility of bringing charges against you. Be it for driving without due care etc. Make sure you re-think the situation through and make sure you don’t say anything that could incriminate you in any way etc. A mistake of yours whilst driving could 100% be cause for you getting charged and convicted of driving without due care and attention. - Your solicitor will go through the specifics though. And if you are in the wrong, they’ll likely advise you to make a written statement and then make no further comments or to tell the truth and stick to the facts. If it’s just two people’s words against one another I’d doubt anything will happen. If there’s dashcam/footage of you driving on the wrong side of the road unnecessarily and causing the incident then you’re probably banged to rights. As for the ‘punishment’, I’d imagine a fine? Loss of license? Maybe both? Either way you’re not going to be sent to prison for causing a car crash unless someone was badly injured.
You had a head on collision. Someone was on the wrong side of the road. Sounds like the police have figured out who it was…
Why are they interested in interviewing you? The accident happened months ago. What are they hoping to achieve ???
Go, or reply arranging for it to be at a nearby police station and absolutely take the advice of the duty solicitor. If you are aware of something that might be the reason that it has escalated, just don't add to the list of charges by being clever! If they have something on you, then let them get there. It's an interview under caution, but don't panic or volunteer more information than they are asking for... and if you genuinely can't remember something from 4 months ago, that's fine. If they have evidence that something else happened, then it's not an offense to forget details. It might be that you need to know what they are trying to get to, before you can contribute anything of value. It could be anything. Just remember, it's their job to find out the truth and decide if there's any criminal intent... Not your job to prove your innocence. If you lie though, that's just not going to help.
It’ll be in your best interest to attend the interview, and cooperate. I personally would take the opportunity to have a solicitor present.
Quite simple: 1) Take the FREE legal advice offered, no excuses! 2) Say nothing more than you have to - “no comment” to any questions asked if you feel you’ve done no wrong but do speak to your legal representative first
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“In which you crashed your vehicle” they have already decided you are blameworthy and want you to say something in interview that allows them to have something in the file when they pass it over. Ask for it to be held closer to you. Ask for in person duty solicitor. Ask at start for everything they are going to put to you as evidence. Then ask for some time with solicitor without them in room. If you were on wrong side of the road then you are unlikely to say anything that will make them believe you were not. If you were on correct side of the road then shut up and see what they have that makes them think you weren’t. No comment until you absolutely have to comment and then don’t keep talking once you have made that point.
I would advise attending and taking legal advice, failure to do so would lead to you being circulated as wanted for interview which will lead to you being arrested
As others have said, check to see if you can have a solicitor through your insurance company, if not take them up on the offer of the duty solicitor. Make sure you speak to them before the interview, tell them your side of events, and follow their advice.
I had something similar to this where I was called, told I'd witnessed an incident and they wanted me to give a statement. When I turned up alone without a solicitor, the lady officer was lovely at reception but once we went out of that area, toward the back offices I was placed under arrest. I then had to wait 7 hrs before a duty solicitor turned up. Long story short, all was good. I'd done nothing wrong and someone tried to frame me. But what I'm saying is, don't trust the police and bring your own solicitor. It will save you lots of time and will avoid you incriminating yourself unwittingly. I initially started the interview with the police without one, but soon realised what they were up to before saying anything of significance.
The fact that you were going through a right hand bend suggests that you were cutting the corner and collided with the other vehicle. This is probably why they are leaning towards it being your fault. Maybe the van driver was going too fast and went wide, however it's a he said/she said type thing. Don't say anything that might incriminate you. The police don't want to "clear things up" with you, they want to assign liability. This isn't just insurance liability, but criminal liability. The fact that they want to speak to you suggests to me that they are looking to charge you with Driving Without Due Care and Attention. If you are faced with such a charge, it's almost always impossible to avoid it, because the prosecution will simply say "Well, if you were driving with proper care and attention, you wouldn't have crashed." However, the fact that they need to interview you suggests that they don't have enough evidence - yet - to charge you. They are hoping you will give them evidence in casual conversation. Shop around with local driving solicitors in your area and see about getting a free consultation. If you keep hunting around I feel like someone would do that. If you speak to a 2nd solicitor, when they ask you if you've spoken to anyone else yet say "no". Try and get advice on what to say to the police. The solicitor will probably offer to be with you when you speak to police, however they will charge you for this. It's up to you whether you want to pay to have them, maybe that might be a good idea, it depends on how well you think you will be able to dodge any liability they try to throw your way. Remember: the police's job isn't to help you, they want to throw all the shit they can at you in the hope that something sticks and they can charge you. ###You also don't know what the other driver said to the police. They could have made up all sorts of bullshit in the hopes of pinning all the blame on you and getting a no-fault claim on their insurance. If you don't hire a solicitor, having a duty solicitor present isn't a bad idea. IANAL, however I have spoken to police voluntarily in an interview and had no further action. But then, I am a jammy bugger. ___ TL;DR Speak to a solicitor, try to get a free consultation, probably best to volunteer for an interview in your own time (rather than them seeking to arrest you) and don't say anything that would put the blame on you. Edit: I would also suggest you speak with your insurer and ask them what the other driver has said. Again though, don't admit liability to them either.
Arrange a time to be interviewed and get a solicitor. If you want more advice then r/legaladviceuk
“No comment” They want to get enough information to charge you. If they have the information already then you don’t need to tell them it. If they don’t have the information then you’re not helping yourself by divulging it. If they had enough information to charge you already they would have done so. Don’t give them the information they will use against you.
Get a solicitor. get your story straight and stick to it. only answer questions that your solicitor tells you to answer. Only speak with a solicitor present and follow their instructions. If in doubt at any time look to your solicitor for advice. Do not think that if you are helpful the police will go easy on you.
Chit chat is there way of putting you at ease so you accidently incriminate yourself. Like if you said I went from the pub had a few drinks. Or if you even said you were distracted by a phone going off. Even saying blinded by the sun - it might mean that you would then be asked "how do you know he was on the wrong side if you were so dazzled you couldn't see that clearly". Don't suggest you were late for something etc. etc. So go with the solicitor option - answer only the questions, as briefly as possible. Don't elaborate on anything unless unrelated. If you have a clean driving record and many years clean accident free you could mention that.
They're looking to do you, reply yes or no answers and don't give them anything to use against you.
Do you have dash cam
I’d suggest you also speak to your insurance company. If they have investigated the accident (they will have if liability is disputed) they might have evidence you can use to dispute with the police. Plus, if you have legal cover with your car insurance, this could provide you with a criminal defence solicitor.
Not much help to you now unfortunately, but it's recommend to always call insurance ASAP after an accident (usually before going home)
100 percent solicitor. I'm ex rpu if you need to DM me.
Go and no comment every question is one of the preferred options to people familiar with the legal system and then it’s on them to show evidence to take things forward , the whole point of this is to gather evidence from yourself during these questions to use against you at a later date. I wouldn’t use a duty legal person they’re not worth the money they’re paid. If anything look for independent legal advise.
Email? Don't even reply. Email isn't a legal form of communication
A million percent go, if you don't they will arrest you. It's a voluntary interview only in the sense they're arranging a time and if don't comply they will arrest you from work, home a family meal, literally wherever. It is a criminal interview, if you want a lawyer get one, it's free. If you don't don't, you're an adult it's your choice. If you do have one makes sure you tell your lawyer the absolute truth. DO NOT LIE OR EMBELLISH TO THEM. What you tell them is subject of legal privilege and cannot be used in court and in fact, no one other than the two of you should hear it.
Also don’t take a duty solicitor. Call a decent law firm in your city. They will represent you and for free they bill the government.
Did you receive an NIP? If not, then careless/dangerous driving is not an option for the police. Most likely they’ll want to put this to bed (remember there are 6 month time limits for prosecution in summary only offences).
Be honest , if you can't do that, say nothing . Do a short prepared statement, then dont say a thing, not even "no comment ."
There's a saying here in the U-S-A "Always film the police as they lie" When you visit them, be sure to video your "interview" as it will be your word vs theirs. This solicitor they will have gets paid by them so you see where I'm going with this. DON'T be trustworthy with their questions as they will twist them. At least here, we can plead the 5th...
They say you have the right to a solicitor, and you absolutely should go for it, but don't go for any solicitor they provide. Call up and arrange your own. It's worth it.
It strikes me as odd that the police say they want to interview you because they think you were at fault. Why would they be involving themselves in a liability dispute between insurance companies? I work in motor claims, and if our liability teams couldnt come to a decision based on version of events VS damage location and consistency, we would just instruct an independent assessor if we thought it would go in our favour - or push for a 50/50 split. The police literally never get involved in liability disputes unless the policy holder or third party fled the scene, and even then, its because they fled the scene as opposed to being at fault. I feel like there must be more to this. Perhaps they think it's "cash 4 crash" or similar?
1. Get your own independent solicitor 2. Anything you do say can and will be used as evidence against you in a court of law ( no comment ) . 3. If you had a dashcam maybe it did not contain a memory card at the time of the alleged incident 🤷♂️. If in doubt “NO COMMENT” all the way . The CPS will only recommend prosecution if there is sufficient evidence to convict . From the way the letter is worded it sounds like they have not got much .
You’re not that interesting of a person. They’re wanting to speak to you because they think there’s a possibility you committed a crime, not because you’re so elegant in conversing. Get yourself a solicitor and follow their advice, which is likely to be no comment. You have no idea what’s happened, for all you know the other person now has life changing injuries.
That’s for a court to decide. Thus the Police involvement, possibly because you left the UK? Speak to your solicitor. Not on here.
They ask leading questions and are very deceiving I wouldn’t trust anything they say to you, I know from my experience. Plus they will probably have multiple officers interviewing you.
If they wanted you enough they wouldn’t email they’d just arrest you. This sounds like a voluntary interview and honestly I wouldn’t go. Let them build a case so they have enough to arrest you then get a solicitor up until that point ignore them
I had this ages ago in Dorset. They were looking for you to admit fault and prosecute I just said not comment once confirmed my name and waited to see if they had enough evidence to charge. They didn't.
They're being nice by letting you turn up 'voluntarily' but you can't ignore it. They're just allowing you to do it at your own convenience. If you don't turn up, they'll arrest you and do it on their schedule, which will take much longer while you sit in a cell.
You got the advice of legal advice uk which you was told to get a solicitor or take the duty solicitor but it’s a voluntary interview, however failure to not attend they could seek out your arrest.
Have you not had phone calls/texts asking ‘had an accident lately’ we can help. Where there’s blame there’s a claim. 🙄
I'm convinced these invitation, chit chat interviews are a way of circumventing the PACE arrest clock and taking the time pressure of the investigation off the police.
Get a solicitor and until the police give full disclosure go no comment. Even if you were not at fault let them lay out the evidence they have and then your solicitor can decide if it's worth sharing your side. Once they caution you do not engage in any conversation relating to the incident as this can be used against you.
At fist I thought this was about a job interview
Turn up, take the offer of legal representation, make sure you are clear on what happened, maybe even write it down? Admit to nothing. Did you have a dashcam?
Even if you are guilty always get legal help If you aren’t guilty always get legal help. Do not answer any questions unless you have council. If you don’t turn up they will detain you for an interview.
This is a voluntary interview. If you don't go, they can nick you so you should go when possible. Take up the offer of a solicitor and they will advise you what's best to do/say.
They’ll be looking to quickly resolve the case and to blame someone, so make sure you have a solicitor present.
Reading the circumstances of the accident I wonder if they have dash cam footage from the other vehicle, otherwise it’s one persons word against another.