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FAQ's & Guidance

Police & Investigations

Naturally, you will seek to understand the process of police investigations that could potentially lead your loved one’s case to trial. Feeling afraid and anxious about attending court, especially if it’s your first time, is perfectly normal. Preparing yourself, understanding court etiquette, and knowing the rules set by the courts will assist you when the time comes.

Can I refuse to speak with social services?

In general, you have the right to refuse to speak with social services, but there may be legal implications or consequences depending on the specific circumstances. Here are a few things to consider:

 

  • Legal Obligations: In some cases, individuals may have a legal obligation to cooperate with social services, especially if there are concerns about the safety or well-being of a child. This obligation is in place to ensure the protection of vulnerable individuals and promote their welfare. Refusing to engage with social services in such cases may have legal consequences.
  • Impact on Assessment or Investigation: If you refuse to speak with social services, it may limit their ability to gather information and fully assess the situation. This could potentially affect the outcome of their assessment or investigation and may lead to further intervention or action on their part, including legal proceedings.
  • Balance of Rights and Responsibilities: It is important to understand the balance between your rights and responsibilities. While you have the right to refuse to speak with social services, they also have a responsibility to ensure the safety and well-being of individuals, especially children who may be at risk. Their involvement is often aimed at providing support and assistance, rather than solely focusing on punitive measures.
  • Seeking Legal Advice: If you are unsure about your rights and obligations in a particular situation, it is advisable to seek legal advice. A lawyer specialising in family or child welfare law can provide guidance based on the specific details of your case and help you understand the potential consequences of refusing to engage with social services.

 

It is recommended to consult with a legal professional to understand your rights and obligations in your specific situation.

In certain circumstances, the police can seize electronic devices as part of a criminal investigation even if it is not yourself who is being investigated. However, there are legal requirements and procedures that must be followed. Here are some key points to understand:

 

  • Search Warrant: In most cases, the police need a search warrant issued by a court to seize electronic devices from a private residence. A search warrant is obtained when there is reasonable suspicion that the device contains evidence of a crime. The warrant specifies the scope of the search and the items that can be seized.
  • Arrest: If you are arrested, the police can seize and retain your electronic devices as part of the arrest process. This is done to secure any potential evidence that may be stored on the devices. The police can examine the devices and retain them for a reasonable period to conduct a thorough investigation.
  • Voluntary Consent: If you give your voluntary consent, the police can seize and examine your electronic devices without a search warrant. It’s important to understand that giving consent is not obligatory, and you have the right to refuse consent. If you are uncertain about whether to give consent, it’s advisable to seek legal advice.
  • Exigent Circumstances: In exceptional situations where there is an immediate threat to public safety, the police may seize electronic devices without a warrant. This is typically done to prevent the destruction of evidence or to protect the public from imminent harm.
  • Production Orders: In certain cases, the police can obtain a production order from a court, requiring a person or organisation to provide access to specific electronic devices or data for investigation purposes.

 

It’s crucial to note that the police must follow strict guidelines and procedures when seizing electronic devices. They are required to handle and examine the devices in a manner that complies with the law and respects your rights to privacy and data protection. If your devices are seized, the police should provide you with a receipt and information on how to contact them to retrieve your belongings once the investigation is complete.

If your electronic devices are seized, it is advisable to seek legal advice promptly to understand your rights, the procedures being followed, and any potential implications for your case.

Police officers generally require a warrant to enter a private residence unless there are specific circumstances that allow them to enter without one. However, there are exceptions to this general rule, and it’s essential to understand your rights and obligations when dealing with the police. Here are some key points to consider:

 

  • Invitation: You have the right to refuse entry to a police officer if they do not have a warrant or a legal power to enter. Unless there are exceptional circumstances, you are not obligated to let them into your home if you do not wish to do so.
  • Warrant: If the police have a valid warrant issued by a court, they have the authority to enter your home. A warrant is a legal document that authorises the police to search your premises or make an arrest. If a police officer presents you with a warrant, it’s advisable to review it carefully and seek legal advice if necessary.
  • Arrest or Pursuit: The police can enter your home without a warrant if they are in immediate pursuit of a suspect or if they have reasonable grounds to believe that a person on the premises has committed or is about to commit an offence. They may also enter your home to make an arrest if they have reasonable grounds to believe that an arrestable offence has been committed.
  • Consent or Assistance: You have the right to give consent for the police to enter your home voluntarily. If you choose to grant permission, it’s essential to clearly communicate that consent. Additionally, if the police are lawfully carrying out their duties, they may request your assistance or cooperation in gaining entry.

 

It’s worth noting that the specific circumstances surrounding each situation can vary, and it’s advisable to seek legal advice if you have concerns about your rights or obligations when dealing with the police. If you find yourself in a situation where the police are requesting entry into your home, remaining calm, respectful, and seeking legal advice can help ensure that your rights are protected.

The police can keep an electronic device seized as part of an investigation for as long as it is necessary and proportionate to the case. The duration can vary depending on factors such as the complexity of the investigation, the amount of data to be examined, and any legal proceedings involved. Here are some key points to consider:

 

  • Retention Period: The police can retain seized electronic devices for a reasonable period to conduct a thorough examination and analysis of the data. The length of this period depends on the circumstances of the case.
  • Examination and Analysis: The police may need to examine the content of the device, including documents, messages, photos, videos, or any other relevant data. This process can take time, especially if the device contains a large amount of data or if the data requires forensic analysis.
  • Legal Proceedings: If criminal charges are filed and the case goes to court, the seized electronic device may be retained as evidence until the conclusion of the legal proceedings. After the trial, the device will be returned unless it is required for further legal processes or subject to other legal restrictions.
  • Data Retention Policies: it’s important to note that the police have data retention policies that dictate how long they can retain seized data that is not directly relevant to the case. These policies aim to balance the need for preserving evidence with the individual’s right to privacy.

 

It’s advisable to consult with a legal professional who can provide specific advice based on the details of your case. They can guide you through the legal processes, help protect your rights, and provide information on how long the police may retain your electronic device in your particular situation.

The police can hold a person who has been arrested for a specific period of time under certain circumstances. The duration of the detention depends on the nature of the offence, the grounds for arrest, and the investigative needs of the case. Here are some key points to understand:

 

  • Initial Detention: When a person is arrested, the police can initially detain them for up to 24 hours without bringing them before a court. This is known as the initial detention period.
  • Extension of Detention: If the investigation requires further time, the police can apply for an extension of the detention period. The decision to grant an extension is made by an authorised officer and is subject to judicial oversight. The maximum extension periods depend on the offence:
    For most offences, the maximum extension is up to 36 hours from the time of arrest. b. For certain serious offences, such as terrorism-related offences, the maximum extension is up to 48 or 96 hours, depending on the circumstances.
  • Detention Review: At various stages during the detention, the police must review the need for continued detention. These reviews are conducted by an officer of higher rank and provide an opportunity for the detainee to challenge their detention.
  • Charge or Release: After the maximum detention period has expired, the police must either charge the person with an offence or release them. If the police require additional time for investigation, they may apply to a court for further detention through a process known as a “magistrates’ court detention extension.”

 

It’s important to note that these time limits are subject to specific legal provisions, and there are exceptional circumstances where the police can apply for further detention beyond the maximum periods. It’s advisable to seek legal advice if you or someone you know has been arrested to understand the specific rights and procedures applicable to your situation.

As an individual, it can be challenging to prevent a story from being published once it is in the hands of the media. Journalists have the freedom to report on matters they consider to be in the public interest, and they operate within the boundaries of professional codes of conduct and legal frameworks.

However, there are a few steps you can take if you find yourself in a situation where you believe a story about you may be published and you wish to prevent or mitigate its impact:

 

  • Communication: Reach out to the journalist or media organisation involved and express your concerns. Explain your perspective, provide any relevant information that may help them reconsider or revise their story, and request that your privacy be respected. While there is no guarantee that they will comply, open and respectful dialogue may lead to a better understanding of your situation.
  • Legal options: Consult with a lawyer to understand the legal avenues available to you. Laws related to defamation, invasion of privacy, or intellectual property rights may vary depending on your jurisdiction. If you believe the story contains false or defamatory information, your lawyer can advise you on the appropriate legal steps to take, such as sending a cease and desist letter or pursuing legal action.
  • Seek support: Reach out to organisations or advocacy groups that specialise in media relations, privacy rights, or victim support. They may be able to provide guidance, resources, or assistance in navigating the situation.
  • Protect your online presence: Take proactive steps to protect your online privacy. Ensure your social media accounts have strong privacy settings and be cautious about sharing personal information publicly. Monitor your online presence regularly to address any potential issues or false information.

 

Remember, the effectiveness of these actions can vary depending on the specific circumstances and the laws in your jurisdiction. It is advisable to seek professional advice tailored to your situation to understand your rights and options more accurately.

“PACE” stands for the Police and Criminal Evidence Act 1984. PACE is a legislative framework that provides a code of practice for the powers and procedures of the police when dealing with suspects, arrests, detention, questioning, and the collection of evidence in criminal investigations.

The PACE codes of practice are a set of rules and guidelines that govern the conduct of police officers during criminal investigations. There are several codes under PACE, and each code focuses on a specific aspect of police powers and procedures. The relevant codes in relation to your query are as follows:

 

  • PACE Code A: Code of Practice for the Exercise by Police Officers of Statutory Powers of Stop and Search.
    • This code provides guidance on the use of stop and search powers by police officers and sets out the procedures they must follow when conducting a search.

 

  • PACE Code B: Code of Practice for the Detention, Treatment, and Questioning of Persons by Police Officers.
    • This code outlines the procedures that police officers must follow when detaining and questioning individuals in custody. It covers aspects such as the rights of detainees, the recording of interviews, and the treatment of vulnerable individuals.

 

  • PACE Code C: Code of Practice for the Detention, Treatment, and Questioning of Persons by Police Officers (Tape Recording of Interviews).
    • This code specifically addresses the audio recording of interviews with suspects in custody, emphasising the importance of accurate and reliable records.

 

  • PACE Code G: Code of Practice for the Visual Recording with Sound of Interviews in Police Stations.
    • This code provides guidelines for the visual recording, including audio, of interviews with suspects in police stations. It sets out the procedures for the operation and use of recording equipment.

 

These codes aim to ensure that police powers are used appropriately, with respect for the rights of individuals, and that evidence is obtained lawfully and reliably. They provide guidelines and standards for police officers to follow during their interactions with suspects and the collection of evidence, helping to maintain transparency, accountability, and fairness in criminal investigations.

It’s worth noting that the PACE codes of practice may be subject to updates and amendments over time, so it’s advisable to consult the official sources, such as the UK government’s website or the Home Office, for the most current versions of the codes.

Social Services have a statutory obligation to safeguard and promote the welfare of vulnerable children and can offer a wide range of care services to children and their parents. The Social Services’ care department helps ensure children are healthy, safe, and well looked after. I have often said that you hear very few complimentary tales about the interaction which social workers have with the loved ones of a person either accused of or jailed for sexual offending. It goes without saying that any children of a family facing these difficult situations are always made the number one priority. Anyone who wilfully ignores or goes against the stipulations and rules put in place to ensure safeguarding, deserve the full wrath of the ‘powers that be’ for doing so.

Any relationship with a person who has been employed to put a person’s family under suspicion and investigate their capability to keep children safe from harm will always be met with disdain. The vast majority of families who are placed in these situations have enjoyed lives which have never needed or encouraged the role of a social worker into their homes. In very rare instances have I ever heard anyone whom I have supported speak warmly of their social worker and in most cases this element of additional family support is often the one which causes most heartache and angst.

It is very important to remember that regardless of how fantastic your family unit was before your loved one was placed under police suspicion, those days are mostly gone. There is every possibility that you will, one day, be able to return to a version of the normality which you previously enjoyed but initially that will not be the case

The role of a social worker is to help individuals, families, groups, and communities in need. Social workers are trained professionals who work in various settings, such as hospitals, schools, government agencies, community organisations, and social service agencies. Their primary goal is to enhance the well-being and quality of life of the people they serve. Here are some key aspects of a social worker’s role:

 

  • Assessment: Social workers assess the needs, strengths, and challenges of individuals and communities. They gather information about clients’ circumstances, relationships, and support systems to better understand their situation and develop appropriate interventions.
  • Counselling and Support: Social workers provide counselling and emotional support to individuals and families facing a range of issues, such as mental health challenges, relationship difficulties, trauma, or life transitions. They offer guidance, advocacy, and therapeutic interventions to help clients navigate these challenges and improve their overall well-being.
  • Case Management: Social workers often serve as case managers, coordinating services and resources for individuals and families. They assess client needs, develop service plans, and connect clients with appropriate community resources, such as healthcare, housing, employment, and financial assistance.
  • Advocacy: Social workers advocate for the rights and well-being of their clients. They work to ensure that individuals have access to necessary services, resources, and support systems. Social workers may advocate at the individual level, such as representing clients in legal or administrative proceedings, or at the broader systemic level, advocating for policy changes and social justice.
  • Crisis Intervention: Social workers are often involved in crisis intervention, providing immediate support and assistance to individuals and communities experiencing emergencies, trauma, or crisis situations. They help stabilise individuals in crisis, connect them with necessary resources, and provide ongoing support as needed.
  • Education and Prevention: Social workers engage in community education and prevention initiatives. They conduct workshops, trainings, and awareness campaigns to promote social issues, such as mental health, substance abuse prevention, child protection, domestic violence, and other areas of social concern.
  • Research and Policy Development: Social workers contribute to research and policy development in order to improve social services and address social issues. They conduct research, analyse data, and participate in policy discussions to influence social policy, advocate for change, and contribute to evidence-based practices in the field.

 

Overall, social workers play a vital role in supporting individuals, families, and communities in need, promoting social justice, and advocating for positive change. Their work encompasses various domains, including assessment, counselling, case management, advocacy, crisis intervention, education, research, and policy development.

When a person is arrested in the United Kingdom, a specific set of procedures is followed. Here is a general outline of what typically happens:

 

  • Arrest: The police have the authority to arrest a person if they have reasonable grounds to suspect that the individual has committed a crime or is about to commit one. The police can make an arrest both with or without a warrant, depending on the circumstances.
  • Caution: After the arrest, the police will usually read the person their rights, which include the right to remain silent and the right to legal representation. This is known as the police caution.
  • Detention: Once arrested, the person is taken to a police station or detention centre. They will be held in custody until the police complete their investigation or until they are released on bail or charged.

 

Contrary to myth a person being held in police custody has no rights to making a phone call. They have a right to inform someone of their detention. In usual situations the desk sergeant will make the call.

You can call the police station to inquire about the status and well-being of your loved one if they have been arrested. When making the call, be prepared to provide relevant information such as your partner’s full name, date of birth, and any other details that can help the police identify the correct individual. The police should be able to provide you with information on your loved one’s current situation, including whether they are in custody, the reason for their arrest, and any other relevant details they are authorised to share. However, it’s important to keep in mind that the police may have limitations on what information they can disclose due to legal and privacy considerations.

  • Investigation: The police will conduct an investigation, which may involve questioning the arrested person, gathering evidence, taking statements from witnesses, and any other relevant actions to determine whether there is enough evidence to charge the individual with a crime.
  • Release without charge: If the police do not find sufficient evidence to charge the person, they may be released without charge. In some cases, the police may release the person on bail while they continue their investigation.
  • Bail: A bail address, also known as a surety address or bail accommodation, refers to the address where a person who has been granted bail is required to reside during their release from custody while awaiting trial or other court proceedings. When someone is granted bail, they may be required to provide a suitable bail address as a condition of their release.The purpose of a bail address is to ensure that the person remains within a specific location or area and does not abscond or pose a risk to the community while awaiting their court appearance. It serves as a means of supervision and helps the authorities maintain contact with the individual.The bail address can be a residential address, such as the person’s own home or the home of a family member or friend who is willing to accommodate them. It should be a stable and suitable environment where the person can reside safely and adhere to any other conditions set by the court, such as curfews or restrictions on contact with certain individuals.
  • Charging decision: If the police believe there is enough evidence, they may decide to charge the person with a criminal offence. This decision is usually made by the Crown Prosecution Service (CPS) in England and Wales, or the Procurator Fiscal in Scotland.
  • Court appearance: Once charged, the person will be required to appear in court. The specific court will depend on the severity of the alleged crime. In less serious cases, the initial appearance may be at a magistrates’ court, while more serious offences will be referred to the Crown Court.The court may impose specific requirements or conditions regarding the bail address, such as ensuring that it is verified and approved by the authorities, providing details of the responsible person at the address, and granting permission for periodic checks by the police or other relevant agencies to ensure compliance.It’s important to comply with the conditions set by the court regarding the bail address, as failure to do so may result in the revocation of bail and the person being returned to custody.
  • Legal representation: The arrested person has the right to legal representation throughout the process. They can choose to hire a private lawyer or, if they cannot afford one, they may be eligible for legal aid.A duty solicitor is a lawyer or solicitor who is appointed to provide free legal advice and representation to individuals who are arrested and held in police custody. They are part of a legal aid scheme designed to ensure that individuals who cannot afford their own legal representation still have access to legal advice and assistance.The defendant is under no obligation to use the duty solicitor appointed for any future counsel or the firm which they represent.

    Legal Aid solicitors are free for all for interview at the police station. However, for any further court proceedings then access to legal aid is means tested.

When a person dies while in prison, a series of procedures are typically followed. Here is an overview of what generally happens:

 

  • Discovery of the death: When a person dies in prison, staff members or other inmates usually discover the death. They immediately notify prison authorities, who initiate the necessary protocols.
  • Investigation: An investigation is launched to determine the cause of death. This investigation may involve prison staff, police, and, in some cases, a coroner. Post-mortem examinations may be conducted to establish the cause of death.
  • Notification of family: The prison authorities make efforts to notify the deceased person’s next of kin or designated contact about the death. This is typically done with sensitivity and support provided to the family during the notification process.
  • Death certification: Once the cause of death is determined, a death certificate is issued. This document states the cause of death and other relevant details. It is an official record and may be required for legal and administrative purposes.
  • Investigation findings and legal procedures: If the investigation reveals any suspicious circumstances or potential misconduct, appropriate legal procedures may be initiated. This can involve further investigations, inquiries, or even criminal charges if warranted.
  • Support for inmates and staff: The prison administration may provide counselling and support services to the inmates and staff members who may have been affected by the death. This is done to address any emotional or psychological impact caused by the loss.
  • Review and learning: Prison authorities often conduct internal reviews to examine the circumstances surrounding the death, the adequacy of procedures, and the potential need for any changes or improvements in policies or practices to prevent similar incidents in the future.

 

It is important to note that the specific processes and procedures can vary depending on the jurisdiction, the nature of the death, and the policies of the individual prison. The ultimate goal is to ensure that the death is thoroughly investigated, the family is notified and supported, and any necessary actions are taken to address the situation appropriately.

When someone is falsely accused of a crime in the legal system provides mechanisms to address and resolve such situations. Here is a general overview of what may happen when someone is falsely accused:

 

  • Investigation: Upon being accused, the police will typically conduct an investigation to gather evidence and evaluate the veracity of the accusation. This may involve interviewing witnesses, collecting physical evidence, and reviewing any available documentation or CCTV footage.
  • Arrest: If the police deem it necessary, they may arrest the accused person based on the accusation. However, being arrested does not automatically mean guilt, as the legal system operates on the presumption of innocence.
  • Legal Advice: It is crucial for the falsely accused person to seek legal advice as soon as possible. Solicitors are free for all at interviews and beyond interviews legal aid solicitor access is assessed on a means-tested basis.
  • Interview: The accused person will likely be interviewed by the police to provide their account of the events and present any evidence or witnesses that may support their innocence.
  • Prosecution Decision: After the investigation, the Crown Prosecution Service (CPS) will review the evidence and decide whether to proceed with formal charges. If the evidence is deemed insufficient or unreliable, the CPS may choose not to pursue the case, resulting in no charges being brought.
  • Court Proceedings: If the case proceeds to court, the falsely accused person will have an opportunity to present their defence and challenge the prosecution’s case. The court will consider the evidence presented by both sides and determine the person’s guilt or innocence.
  • Acquittal: If the accused is found not guilty, they will be acquitted, and the charges against them will be dropped. In such cases, the person is considered innocent in the eyes of the law.

 

It’s important to note that the legal process can be complex, and each case is unique. The steps outlined above provide a general overview, but the specifics can vary depending on the nature of the accusation and the circumstances surrounding the case. Consulting with a qualified legal professional is crucial for anyone facing false accusations to navigate the legal process effectively and protect their rights.

MAPPA stands for Multi-Agency Public Protection Arrangements. It is a framework used in the United Kingdom to manage and supervise individuals who pose a risk of harm to the public. MAPPA involves collaboration and coordination between various agencies, including the police, probation services, prison services, health services, social services, and other relevant authorities.

The primary purpose of MAPPA is to assess and manage the risks posed by certain individuals, particularly those convicted of serious offences or individuals who have a history of offending behaviour. The framework helps agencies work together to develop plans and strategies to protect the public, prevent reoffending, and support the rehabilitation and reintegration of offenders into society.

MAPPA operates through three levels of risk management:

 

  • Level 1: Ordinary risk management is carried out by agencies individually without the need for formal collaboration beyond their usual practices.
  • Level 2: Enhanced risk management involves agencies sharing information and working together to assess and manage the risks posed by certain individuals. This level may include regular meetings, joint risk assessments, and the development of risk management plans.
  • Level 3: Multi-Agency Public Protection Panels (MAPPPs) are convened at this highest level of risk management. MAPPPs are chaired by senior representatives from relevant agencies and focus on high-risk cases. They involve more intensive collaboration, coordination, and ongoing review of risk management plans.

 

The MAPPA framework helps ensure that relevant agencies work together to protect the public and effectively manage individuals who present a significant risk. It promotes information sharing, joint decision-making, and coordinated action to reduce the likelihood of further harm and support the successful reintegration of offenders into society.

The HMPPS ViSOR Policy Framework refers to the policy framework governing the use of the ViSOR system by Her Majesty’s Prison and Probation Service (HMPPS) in the United Kingdom. ViSOR stands for the Violent and Sexual Offender Register, which is a national database used to manage and monitor individuals convicted of serious violent or sexual offences.

The ViSOR system is designed to assist law enforcement agencies, prison and probation services, and other relevant authorities in effectively managing the risk posed by violent and sexual offenders. It provides a centralized platform for recording and sharing information about these individuals, including their personal details, criminal history, and risk assessments.

The HMPPS ViSOR Policy Framework outlines the guidelines, procedures, and responsibilities related to the use of the ViSOR system within the HMPPS. It establishes the principles for information sharing, data protection, risk assessment, and case management in relation to violent and sexual offenders.

The framework aims to ensure that relevant agencies and professionals involved in the management of violent and sexual offenders have access to accurate and up-to-date information, enabling them to make informed decisions regarding risk management, public protection, and offender rehabilitation.

Social services may ask a range of questions when conducting an assessment or investigation related to the well-being and safety of individuals, families, or children. The specific questions asked can vary depending on the circumstances and the purpose of the inquiry. Here are some common areas of inquiry and examples of questions that social services may ask:

 

Personal Information:

  • What are the names, ages, and relationships of all household members?
  • What are your contact details and addresses?
  • Are there any language or communication barriers?
  • Living Conditions:
  • Describe the physical living environment and accommodation.
  • Are there any health or safety concerns in the home?
  • Are there any issues with access to basic necessities like food, clothing, or utilities?

 

Family Dynamics and Relationships:

  • What is the family structure and who has parental responsibility?
  • Describe the relationships between family members.
  • Are there any conflicts, domestic violence, or substance abuse issues within the family?

 

Child Welfare:

  • Are there any concerns about the child’s safety, well-being, or development?
  • How does the child behave at home and in school?
  • Are there any signs of abuse, neglect, or inappropriate care?
  • Education and Employment:
  • What are the educational or vocational backgrounds of the adults?
  • Are the children attending school regularly and making progress academically?
  • Do the adults have stable employment or income sources?
  • Support Networks and Services:
  • Are there any support systems or extended family members involved?
  • Are there any existing or previous involvement with social services, health professionals, or other agencies?
  • What services or interventions have been sought or provided previously?
  • Risk Assessment and Safety Planning:
  • Are there any immediate safety concerns or risks present?
  • Have there been any incidents of violence, self-harm, or threats within the family?
  • Are there any known risks or concerns related to substance abuse, mental health, or criminal activity?

 

These questions are provided as general examples, and the specific questions asked by social services can vary depending on the specific circumstances of the case. The purpose of these questions is to gather relevant information to assess the needs, risks, and well-being of the individuals involved and to determine appropriate interventions or support services.