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Old 20 June 2013, 08:28 PM
  #31  
davegtt
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Originally Posted by ScoobyWon't
If they wanted to make their own life easier, the local officers would turn up at 04:00 and just nick him and take him away. He'd then be detained until officers were able to transport him to the other constabulary, or the officer travelled to the local nick.

At least they are giving him the opportunity to find a time which is suitable to them both and will not mean that he's just missing work without any prior warning.
No copper wants to put hassle on another to transport him at their cost to a local station. Its an inconveinience. End of the day if this was something serious he would have already been detained by either local constabulary or otherwise.
Old 20 June 2013, 08:29 PM
  #32  
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Originally Posted by Brun
Subscribed
It's worth it. Alcazar already hates the police, so no matter what happens, he's going to hate the police even more by the time this thread ends
Old 20 June 2013, 08:34 PM
  #33  
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Originally Posted by davegtt
Depends on severity of the case. I was arrested and charged for Drunk and Disorderly. I didn't apply for any waiver scheme etc. Had no trouble at all getting in. Was 5 years ago but dont imagine its changed that much
You must have used the visa waiver scheme, otherwise you would have had to get a visa
Old 20 June 2013, 08:35 PM
  #34  
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Originally Posted by davegtt
No copper wants to put hassle on another to transport him at their cost to a local station. Its an inconveinience. End of the day if this was something serious he would have already been detained by either local constabulary or otherwise.
We used to go out and detain people on behalf of others all of the time, no matter if it was for a local or other constabulary case.

As for the seriousness affecting the speed someone is arrested, just look at Jimmy Savile & co, they are arresting people now, for crimes committed decades ago.
Old 20 June 2013, 08:42 PM
  #35  
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Originally Posted by ScoobyWon't
We used to go out and detain people on behalf of others all of the time, no matter if it was for a local or other constabulary case.

As for the seriousness affecting the speed someone is arrested, just look at Jimmy Savile & co, they are arresting people now, for crimes committed decades ago.
Yeh but these crimes were either not reported decades ago or they were brushed under the carpet due to stature etc of said criminal.

Anyone can be arrested for any crime, it means nothing realistically
Old 20 June 2013, 08:55 PM
  #36  
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Just to save Alcazar some time, here's the contact details for the Indepenant Police Complaints Commission:


Independent Police Complaints Commission
5th floor
90 High Holborn
London
WC1V 6BH

Tel: 0300 020 0096
Minicom: 020 7404 0431
Fax: 02920 361 948
E-mail: enquiries@ipcc.gsi.gov.uk
website: www.ipcc.gov.uk
Old 20 June 2013, 09:22 PM
  #37  
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yeah they can they done it to one of my mates as he was in the same place a fight happened which he didnt even see he tried to explain to the police over the phone as he was at work and they went to his house and they made him go police station after work or they were gonna arrest him
Old 20 June 2013, 09:24 PM
  #38  
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Originally Posted by billythekid
Depends how serious it is, and the nature of the offence. The police dont phone an AP and ask to attend inte rview, they do that with offenders, or suspected offenders.

Your first port of call, like I said, is sit him down and find out what happened.

Interviews under caution outside of PACE are not something you want to take part in, esp if his is going to disclose offences or make any admissions under the NOW caution. You are still legally obliged to tell them everything, and failing to do so may harm your defence. Hence the need for legal advice before you do anything.

Again its for your solicitor, not the police officers on here - or me either, but I would be refusing to take part unless arrested and given the full protection of PACE.
You dont have to be under arrest to be protected by PACE
Old 20 June 2013, 09:46 PM
  #39  
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A police source tells me pretty much what has been said here, you cant be compelled to travel to the interview, the PC should reveal what its about, you can ignore it all, however you may get arrested when getting on a plane to leave the country. Safest bet, just arrange to go along to a local police station and be interviewed there. A caution is just what it says, a statement that may be used in court
Old 20 June 2013, 10:16 PM
  #40  
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Originally Posted by Bonehead
You dont have to be under arrest to be protected by PACE
But what protections are there outside of a proper recorded PACE interview - in reality. For starters the officer might not even be PACE trained - they are out there. Also, what about the cop explaining his rights. The cop is already trying to bend things a bit from the sounds of it - what if they dont explain his rights... dont forget its not recorded. What if he decides to get the IPCC involved with no evidence at all...

And at the end of the interview he is aksed to sign for what he has said under caution...

Old 20 June 2013, 10:22 PM
  #41  
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Well here's my 2p worth.

If it was anything serious that he had done, he'd have been arrested already.

The Police in general are chancers and intimidators and this sounds like a fishing expedition at your sons expense.

Again I repeat as above, If it was anything serious HE had done he'd have been arrested.

I'm sure he has already talked to the mates he was with on the day in question to see if they have been contacted.

If they had ANY evidence against him that was concrete he would be in custody.

So what's actually happening is, she has some hearsay evidence and she's hoping that by interviewing him using surprise and intimidation tactics that he will incriminate himself either through naivety or nervousness.

I'd play hard ball call her bluff and say either come and arrest me and charge me or **** off.

At which point they have to disclose the offence for which he is being charged and the details to a solicitor, which then gives him time to prepare for questions along the lines of the allegation, as opposed to going into interview blind.

At the end of the day they think they are smart, but lets be honest here, if coppers were smart they would be lawyers.
Old 20 June 2013, 10:29 PM
  #42  
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Maybe written a little better than what I could muster but Ditchmyster sums it up perfectly. Don't be afraid of the word "arrested". I'm pretty sure he's already home dry if he plays ignorant and non co-operative. If the police had any sort of case they wouldnt be giving him a phone call or two.
Old 20 June 2013, 10:33 PM
  #43  
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This all makes for rather tawdry reading tbh
Old 20 June 2013, 10:34 PM
  #44  
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Been through this myself before (albeit 15+ years ago)

They were trying to say they'd prosecute me for perverting the course of justice if I didn't "assist" them. So I waited until they arrested me
In the end I was released/de-arrested whatever it's called, and left to make the 30 odd mile journey home myself.

Other than that nothing came of it. They wouldn't tell me on the phone what it was in relation to either, which was my reason for refusing. I asked them if i'd done something wrong or was pivotal to the case, then why weren't they knocking my door down. If I remember correctly I put the phone down on him at least twice...

Never yet had a good experience with the fuzz. They're too busy spending time chasing the wrong people and need to catch some real criminals.

Last edited by Frenchwood; 20 June 2013 at 10:36 PM.
Old 20 June 2013, 10:34 PM
  #45  
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Originally Posted by RobsyUK
Trouble is if you refuse and they arrest you- then dearrest you it goes on record you have been arrested. Good luck getting into america after this.
I have been arrested 3 times and still got into America no issues.
Old 20 June 2013, 10:44 PM
  #46  
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Originally Posted by stevep360
I have been arrested 3 times and still got into America no issues.
Don't let that get in the way of a good scaremongering.
Old 20 June 2013, 10:56 PM
  #47  
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Yeah the America thing is bollax, I've been to court accused of GBH pleaded guilty but with mitigating circumstances and had my case up held (I was attacked by 5 people for reasons of colour, they picked the wrong guy. ) and still got into America on several occasions, and it still come back to haunt me 25 yrs later, but as soon as I explain what happened and give the details of the case it's never a problem.
Old 20 June 2013, 11:08 PM
  #48  
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Originally Posted by davegtt
Bollocks!!! Being arrested is different to being charged or even found guilty of a crime. It means sod all. Even being charged its not a massive issue, a bit of red tape and thats about it
Originally Posted by ScoobyWon't
That's not really relevant to this topic. However, I know of people who have been arrested and had no further action taken, who have entered America on the visa waiver scheme, without need for an interview.
On the immigration form for a visa waiver to the US there is a question that clearly asks 'Have you ever been arrested by the police?'. Did the people you know who entered on the visa waiver tick yes or no to this?

A business colleague of mine a few years back ticked yes and was refused entry so I don't think it's bollocks
Old 20 June 2013, 11:14 PM
  #49  
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Yes, I suspect, as usual total ill informed claptrap re the US visa waiver system

What is designed for, and how it works

(I suspect most readers don't even understand the concept of "visa waiver")
Old 20 June 2013, 11:29 PM
  #50  
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Originally Posted by f1_fan
On the immigration form for a visa waiver to the US there is a question that clearly asks 'Have you ever been arrested by the police?'. Did the people you know who entered on the visa waiver tick yes or no to this?

A business colleague of mine a few years back ticked yes and was refused entry so I don't think it's bollocks
Did your colleague read the form thoroughly? I've been asked so many times about the subject and always point the person who is asking at the help section which explains, with words to the effect of, that they want to know if you've been done for murder, drug dealing, gun running or terrorism. I never claim to have the correct answer, but I suggest they read the documents and get proper advice.
Old 20 June 2013, 11:38 PM
  #51  
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Originally Posted by ScoobyWon't
Did your colleague read the form thoroughly? I've been asked so many times about the subject and always point the person who is asking at the help section which explains, with words to the effect of, that they want to know if you've been done for murder, drug dealing, gun running or terrorism. I never claim to have the correct answer, but I suggest they read the documents and get proper advice.
The question is actually this:

"Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to controlled substance?"

Moral turpitude is an offence deemed depraved or against accepted society... such offences include murder, sex offences, crimes against children, prostitution, theft, fraud and acts of violence.....

In the case of my colleague he was incorrectly arrested and subequently released for assaulting a police officer.... however he was arrested so he was refused entry and had to attend the American Embassy in London for an interview whereupen he was granted a visa!

Last edited by f1_fan; 20 June 2013 at 11:41 PM.
Old 20 June 2013, 11:42 PM
  #52  
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Originally Posted by f1_fan
The question is actually this:

"Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to controlled substance?"

Moral turpitude is an offence deemed depraved or against accepted society... such offences include murder, sex offences, crimes against children, prostitution, theft, fraud and acts of violence.....

In the case of my colleague he was incorrectly arrested and subequently released for assaulting a police officer.... however hw was arrested so he was refused entry and had to attend the American Embassy in London for an interview whereupen he was granted a visa!
So the answer is actually...no, he walks into the country.

Well, we presume so anyway because if it was any of the above he wouldnt be getting a couple of phone calls. So the conclusive answer is ignore them Unless off course he has committed one of the above offences, if so flee the country before you are arrested so you dont have to tick the yes box
Old 20 June 2013, 11:44 PM
  #53  
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Originally Posted by ScoobyWon't
Did your colleague read the form thoroughly? I've been asked so many times about the subject and always point the person who is asking at the help section which explains, with words to the effect of, that they want to know if you've been done for murder, drug dealing, gun running or terrorism. I never claim to have the correct answer, but I suggest they read the documents and get proper advice.
surely it is really simple, you go to a primary source

oooh lets take this one

http://london.usembassy.gov/vwp3.html

the US embassy website, they should know

and read

I quote

"Travelers who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP are not eligible to travel visa free under the Visa Waiver Program. Please follow this link for further information; "

lets follow that link

here we go

"Travelers with arrests/conviction(s)
We do not recommend that travelers who have been arrested at anytime attempt to travel visa free under the Visa Waiver Program(VWP); they are required to apply for visas before traveling. If the arrest resulted in a conviction, the individual may require a special restricted visa in order to travel. The Rehabilitation of Offenders Act does not apply to United States visa law. Therefore, even travelers with a spent conviction are not eligible to travel visa free; they must apply for B-1 or B-2 visas. If they attempt to travel under the VWP, they may be refused entry into the United States."


now, ask yourself the question, are people who haver been arrested eligible for the visa waiver program (not entry or travel to the US - different question)

yes or no

anyone?

Last edited by hodgy0_2; 20 June 2013 at 11:47 PM.
Old 20 June 2013, 11:45 PM
  #54  
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Originally Posted by ditchmyster

So what's actually happening is, she has some hearsay evidence and she's hoping that by interviewing him using surprise and intimidation tactics that he will incriminate himself either through naivety or nervousness.
How can you be surprised if you know they want to talk to you?

Getting picked up at 04:00, from a deep sleep by hammering on your front door, with no word of warning is a surprise. Attending a pre-arranged meeting is not a surprise.
Old 20 June 2013, 11:47 PM
  #55  
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Again Hodgy, as above - depends on the severity of the case

Besides, talk about thread hijacking, unless I missed something in a previous thread, I dont expect Alcazars lad to be worried about whether or not he can get in the US or not. So its a completely different topic, surely?
Old 20 June 2013, 11:48 PM
  #56  
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Originally Posted by hodgy0_2
now, ask yourself the question, are people who haver been arrested eligible for the visa waiver program (not entry or travel to the US - different question)

yes or no

anyone?
Am I allowed to answer?
Old 20 June 2013, 11:50 PM
  #57  
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I honestly despair
Old 20 June 2013, 11:50 PM
  #58  
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Originally Posted by f1_fan
The question is actually this:

"Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to controlled substance?"

Moral turpitude is an offence deemed depraved or against accepted society... such offences include murder, sex offences, crimes against children, prostitution, theft, fraud and acts of violence.....

In the case of my colleague he was incorrectly arrested and subequently released for assaulting a police officer.... however he was arrested so he was refused entry and had to attend the American Embassy in London for an interview whereupen he was granted a visa!
Failing to see the relevance of that to this thread, unless the OP's son has been arrested for one of those offences.
Old 20 June 2013, 11:54 PM
  #59  
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Originally Posted by ScoobyWon't
Failing to see the relevance of that to this thread, unless the OP's son has been arrested for one of those offences.
The relevanace is that an arrest, even an incorrect one can cause issues .... currently we have no idea what this police officer is after him for... that said I stand by what I said in post 2 or whatever it was... if it was something serious he would have been arrested by now so you're probably right that it's not relevant. I'm still right thouigh
Old 20 June 2013, 11:54 PM
  #60  
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Originally Posted by hodgy0_2
now, ask yourself the question, are people who haver been arrested eligible for the visa waiver program (not entry or travel to the US - different question)

yes or no

anyone?
Yes! Just because an Embassy recommends you don't doesn't mean you can't. People and the following of rules. Theyre only recommending it to avoid potentiol problems for plonkers who can't do their own research and need their hands holding all the way.



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