Need a solicitor for Sunday

onyx · 22-07-2008, 23:08

hiya people. my brother has been accused of assaulting somebody which he is very inocent. he has got a interview at the police station on sunday but he needs a good solicitor which could represent him. he is only 16 so therefore it should be free thanks.

FUTO · 22-07-2008, 23:56

Quote:

Originally Posted by onyx

hiya people. my brother has been accused of assaulting somebody which he is very inocent. he has got a interview at the police station on sunday but he needs a good solicitor which could represent him. he is only 16 so therefore it should be free thanks.

A free solicotor on a sunday when you find one let me know.
My solicitor if he has to come out on a sunday i can expect a 3 figure bill

Strix · 22-07-2008, 23:57

if you have household insurance, you should have a free legal helpline and probably free legal representation for stuff like this, so ring them first

If not, ask for the duty solicitor when he goes in

shortcrust · 23-07-2008, 00:01

Quote:

Originally Posted by onyx

hiya people. my brother has been accused of assaulting somebody which he is very inocent. he has got a interview at the police station on sunday but he needs a good solicitor which could represent him. he is only 16 so therefore it should be free thanks.

Just being nosey, but why should it be free? Would they get any payment at all or would they be giving up their Sunday out of the goodness of their heart?!?!

happyhippy · 23-07-2008, 00:02

Is 16 the cut off point for a 'responsible adult' as well, or is that 18? I'd certainly ask for the duty solicitor though.

Alien · 23-07-2008, 00:07

Just wondering why you felt the need to tell us he's "Very innocent"?

Where you there at the alleged incident? Has he been formally Charged? As Futo says you gonna find it difficult on a Sunday. Ring the officer in charge and ask him to rearrange the date to suit your brothers legal requirements.

Strix · 23-07-2008, 00:16

this thread's wandering off topic

under 17 is the criteria I believe HH (if it's not then it's 18, but not relevant to this case)

I was a witness to an incident where a 17yr old was tried at juvenile court

happyhippy · 23-07-2008, 00:22

Quote:

Originally Posted by Strix

this thread's wandering off topic

under 17 is the criteria I believe HH (if it's not then it's 18, but not relevant to this case)

I was a witness to an incident where a 17yr old was tried at juvenile court

But for questioning in a police station, I still thought he'd need a responsible adult there too, if he's 16 then? If I'm wrong, I'm wrong.

I'd still use the duty solicitor though.

Strix · 23-07-2008, 00:27

no idea HH

isn't 'a responsible adult' a requirement to align with the scenario where an adult gives a statement but doesn't want a solicitor? So a kid can't be questioned alone

*goes to investigate*

quicken · 23-07-2008, 00:31

if he isn't working then he should be entitled to legal aid just contact

Irwin Mitchell
St Peters House Hartshead
Sheffield, S1 2EL
Phone: 08701500100

PHONE TOMORROW GET THEM BOOKED

Strix · 23-07-2008, 00:31

here we go:
http://www.adviceguide.org.uk/index/...ghts_on_arrest

clear as mud

Tripitaka · 23-07-2008, 08:02

If he is living with his parents or guardian and has no income then he will be entitled to legal aid. Just phone up a solicitor who does criminal work and they should be able to help you. If you don't know which solicitor does what -just go to the Law Society website and find solicitor search. They have a postcode search for criminal practitioners (so to speak!!).

millsands · 23-07-2008, 10:06

Quote:

Originally Posted by onyx

hiya people. my brother has been accused of assaulting somebody which he is very inocent. he has got a interview at the police station on sunday but he needs a good solicitor which could represent him. he is only 16 so therefore it should be free thanks.

anytime you have to go to police station you have a right to free legal advice and have a solictor sit in on the police interview they will tekll you that when you go to police station

puddinburner · 23-07-2008, 10:46

Not many solicitors will work sunday without a huge pay incentive but there is always the duty solicitor on had at all stations 24-7, so you will not go unrepresented and help is there if you ask at the front desk before the interview.
Do not enter that interview room without your solicitor and say nothing until he has briefed you. Police have a habit of stitching you up, just to close the case.

millsands · 23-07-2008, 10:53

Quote:

Originally Posted by puddinburner

Not many solicitors will work sunday without a huge pay incentive but there is always the duty solicitor on had at all stations 24-7, so you will not go unrepresented and help is there if you ask at the front desk before the interview.
Do not enter that interview room without your solicitor and say nothing until he has briefed you. Police have a habit of stitching you up, just to close the case.

and then the police get face on with you when the solicitor advises you to say nothing.

puddinburner · 23-07-2008, 11:00

Quote:

Originally Posted by millsands

and then the police get face on with you when the solicitor advises you to say nothing.

LOL

You been there then? Seriously "Anything you say, under caution or volunteer to say once your in that interview room....can and WILL be used in evidence against you" So be aware VERY aware! Be careful and don't say anything that can be twisted to mean the opposite!

You'll be fine with a duty solicitor, as this is they're job to defend you.

millsands · 23-07-2008, 11:06

after he had gone and they was booking me out thats when they were nasty and said you have done no favours by saying nothing.. all i said was that that is what i have been advised and thats what i am sticking to.

Moosey · 23-07-2008, 20:39

And the correct answer is...

All advice at the police station is free. All solicitors can claim their fees for this under what was called the legal aid scheme.

If any solicitor tries to charge you for advice at a police station, at any time of the day or night, report them to the SRA.

I spent many a night in the cells representing clients.

The duty solicitor isnt actually a solicitor, it's a scheme. Most big firms sign up to it because it makes them money. They take turns on a rota, and when on the rota, they can be called at any time of the shift they are on (usually 6pm-6am, then 6am -6pm). You can use your own solicitor of choice, assuming theyre happy to do weekends or night work. What they cant do is charge you for it. (Ask Beresfords about double charging clients...) Most big firms, eg Howells, have a night rota and the criminal solicitors take it in turn to be on it.

Under 18 they will need an appropriate adult, ideally a member of family, but if not available, someone from social services can be used.

Legal responsibility, which was a separate question, is age 10. Doli Incapax, the theory that someone doesnt know what they are doing is wrong, stops at age 10. After 10, you can be held accountable.

Oh and whoever mentioned Mitchells, their criminal department closed, and there is no longer an office where you mentioned. Its all down at Millsands now.

Hope that helps.

Edit - whoever said that police get annoyed with no comment interviews is wrong. I told hundreds of clients to say nothing. There are complex legal reasons to do it, and your solicitor will know about these. Its not advice given lightly, as telling someone to say nothing for the wrong reasons leads to the solicitor having to explain themselves at court if a case goes to trial. Seen it happen to a few people.

lalaland · 23-07-2008, 22:49

Quote:

Originally Posted by millsands

and then the police get face on with you when the solicitor advises you to say nothing.

That's not normally annoying at all. What can be annoying is if they don't stop interrupting during the interview, sometimes this has to be addressed, but the majority of them behave

And following on from what Moosey said, don't Irwin Mitchell just do personal injury stuff now?

Darkoak · 23-07-2008, 22:52

Quote:

Originally Posted by lalaland

That's not normally annoying at all. What can be annoying is if they don't stop interrupting during the interview, sometimes this has to be addressed, but the majority of them behave

And following on from what Moosey said, don't Irwin Mitchell just do personal injury stuff now?

You're quite right lalaland. They shipped out a good couple of years ago - obviously wasn't paying...