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BEWARE! The importance of NO COMMENT whilst under caution by the police!

Netcu Watch | 24.04.2009 14:05 | G20 London Summit | Animal Liberation | Anti-militarism | Free Spaces

I know it has been said before but making comments under caution helps convict people every day. Have some sense and respect for your fellow protesters / friends / comrades / family etc who might be implicated by anything you say whilst under police caution.

More detailed Info here  http://libcom.org/organise/no-comment-the-defendants-guide-to-arrest

Remember you wouldn't be in an interview if they had all the evidence they need to convict they are relying on you dropping yourself and others in the shite!

It is however worth making a short statement at the start of the interview which says.

"I , deny all accusations and will be remaining silent for the remainder of this interview."

That way if it goes to court they cannot say you didn't deny the accusations and they won't make inferences that you are guilty.

One thing that is not mentioned enough is that accepting a caution from police is an admission of guilt and will go on your record, if you accepted a caution it may affect your life in many ways especially if you are seeking a job as a carer or working with the vulnerable etc. Think before you throw away your rights to get out of the cells quicker. Sometimes it is worth going to court rather than trying to take the easy way out. Get a good solicitor that you trust and never use a duty solicitor.

All the best,

NETCU WATCH

Netcu Watch
- e-mail: warn at riseup dot net
- Homepage: http://netcu.wordpress.com

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arrests/raids today

24.04.2009 15:28

where the articles posted about raids today, made up then?
or has someone wrongly deleted them?

concerned

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This posting has been hidden because it breaches the Indymedia UK (IMC UK) Editorial Guidelines.

IMC UK is an interactive site offering inclusive participation. All postings to the open publishing newswire are the responsibility of the individual authors and not of IMC UK. Although IMC UK volunteers attempt to ensure accuracy of the newswire, they take no responsibility legal or otherwise for the contents of the open publishing site. Mention of external web sites or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

re: arrests/raids today

24.04.2009 15:45

The article was hidden cos it's unconfirmed

Ms Anne Thropy

Hidden Comment

This posting has been hidden because it breaches the Indymedia UK (IMC UK) Editorial Guidelines.

IMC UK is an interactive site offering inclusive participation. All postings to the open publishing newswire are the responsibility of the individual authors and not of IMC UK. Although IMC UK volunteers attempt to ensure accuracy of the newswire, they take no responsibility legal or otherwise for the contents of the open publishing site. Mention of external web sites or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

Re: arrests/raids today

24.04.2009 15:52

> where the articles posted about raids today, made up then?
> or has someone wrongly deleted them?

Sounded like disinfo.

ACAB

Except.....

24.04.2009 16:04


Sections 35 to 37, The Criminal Justice and Public Order Act 1994

Section 35 allows an inference to be drawn when a defendant is silent at trial. However, this section prevents an inference from being drawn when it appears to the court that the physical or mental condition of the accused makes it undesirable for him to give evidence.


Section 36 allows an inference to be drawn when a person fails or refuses to account for objects, substances or marks found

* on his person; or
* in/on his clothing or footwear; or
* otherwise in his possession; or
* in any place at the time of his arrest,

and when an investigating officer reasonable believes that the presence of such a mark, or substance or object may be attributable to that person participation in the commission of an offence specified by the officer.

Section 37 allows an inference to be drawn when a defendant fails or refuses to account for his presence at a particular place where it is believed that he may have committed an offence.

GreenEagle
- Homepage: http://www.cps.gov.uk/legal/a_to_c/adverse_inferences/index.html

And if you are ever over here

24.04.2009 16:34

SAY NOTHING (except to your lawyer).

Unlike with your system, here in the US there is no inference allowed to be drawn for your refusal to answer anything or your refusal to "aid the police with their inquiries". In many parts of the country even ordinary folks on a jury won't draw inferences (they will have been ordered not to, but you know how folks are) as non cooperation is expected "out of orneriness" -- not just the guilty exercising their right to remain silent.

MDN

Re the inference

26.04.2009 18:50

I have been warned a few times in interview about this, the courts drew no inference whatsoever. It is in my experience a very idle threat, maybe others have had different experiences. Quite simply unless you really know what you are doing in interview anything you say will be used in evidence AGAINST you and your friends. A simple admission that you know someone could really fuck things up if a conspiracy charge is on the cards especially if they say they don't know you, for a start they have proved that one of you is a liar which they will use. Remember an interview is to gather evidence for a charge why hand it to them?
If anything you say later differs from what you say in interview, or what others have said in interview again you could be in trouble defending your case. Innocent comments are twisted by the CPS, make their lives interesting, tell them nought until you are in the witness stand where you will have ample opportunity to defend your actions, hopefully.

Lynn Sawyer

Talking too much vs talking too little

28.04.2009 00:07

If you are doing an accountable action then there are a couple of good reasons to comment when being arrested. Some actions are partly motivated by the desire to get an argument into the legal record. Primarily, it ensures that anything that you do say is read out in court. A judge won't always allow you to speak in court but they have to read out any statement you make on your arrest. For what it is worth, that then forms part of the historical record, and there is always the outside chance that a citizen journalist may report it. Blocking up the courts is a recognised tactic , one that serious newbies should beware and be aware of imao.

Danny

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