Can The Police Send U To Court Without Being Arrested

[kitten1980]

My husband has got to go to court but the police never charged him or arrest him.

[EDDIE51]

nalit, he would have been cautioned at the police station, but again I bet he did not tell kitten what had happened.

[Zacs-Master]

I suspect it’s a requisition letter (does it say this anywhere on the letter / form?)
The Requisition can be used for a wide range of offences including the most serious, provided the Police do not seek to impose bail conditions. It is often used in cases where people have not been arrested, and have been interviewed as volunteers, often without previous legal advice.
The Postal Requisition has the same effect as a charge and if you do not answer it by going to court, a warrant may issue for your arrest.

http://cartwrightking.co.uk/areas-of-practice/criminal-defence/court-summons-postal-requisition/

This is not an endorsement of the company in the link and is intended as guidance only.

[kitten1980]

sorry about this and no he wasnt cautioned and this is his first offence

[kitten1980]

he has got a solicitor as well

[naomi24]

Best he asks his solicitor to explain what's going on. From the information you've given people here can only make best guesses.

[kitten1980]

it is first offence and would he get charged for it as he never done anything like this before

[Zacs-Master]

You’ve already said he has been charged.

[nailit]

//nailit, perhaps they can now put the caution in writing as part of the letter. Just a guess. //
Naomi, you have to be cautioned BEFORE the police question you. (Anything you say etc) Think EDDIE may be right and he hasn't told his missus.

[albaqwerty]

English Law I presume?

Would have thought that in the interview room they would have cautioned him that the interview was being recorded.
Not an official caution, just a general 'this interview is being recorded'

[Zacs-Master]

I repeat;
It is often used in cases where people have not been arrested, and have been interviewed as volunteers, often without previous legal advice.

[naomi24]

Nailit, Yes, I suppose you do. That makes sense. Rewind there then.

[Jackdaw33]

You are rather naive. First offence or not, carrying an offensive weapon and threatening behaviour are bound to lead to prosecution. Your best hope is that it stays in the magistrates' court and not referred by them to the Crown Court where sentences can be much greater.

[EDDIE51]

Kitten if a person has information about a crime, they can be told they must attend court to give that information at the trial as a witness.
If you get a witness summons , which is the correct name for it, you have to go to court. If you do not go to give evidence you can be arrested and taken to court under arrest.
You are not being very clear here, but I suspect it is because your husband has not told you the full story.
He could have been cautioned at the police station ,told the charge sheet would be posted to him and let go, that is allowed now.
Or, he may have been questioned at the police station to see if he had information as a witness, and now has a witness summons to go to the trial as a witness. You are going to have to talk seriously to him.

[Zacs-Master]

You do not have to be cautioned in a voluntary interview. Sometimes people can be asked to attend the police station voluntarily to help with their enquiries. This will be done without a caution and you are free to leave at any time. If, from the result of your answers, they believe that you may have been involved in a crime, they must then caution you and proceed with a formal interview followed by charge if appropriate.
http://www.abouthumanrights.co.uk/can-you-be-charged-without-caution.html

[kitten1980]

ok im getting a bit confused now. I start from the beginning we went to the police station as they called him to go in as a voluntary basis and i went with him not the same room though. He asked them if he was arrested they said no and then they questioned him and asked him cos he was on cctv and then she said halfway through the interview u are free to leave whenever u like and at the end she said we letting u go with no charge

[naomi24]

Speak to the solicitor. He/she will know what's going on.

[Zacs-Master]

Kitten, please read my two posts with links to actual professional advice.
Does the letter use the word ‘charged’ or ‘charge’?

[nailit]

//If, from the result of your answers, they believe that you may have been involved in a crime, they must then caution you and proceed with a formal interview followed by charge if appropriate. //
And the right to legal representation presumably zacs?

[kitten1980]

sorry i dont what u mean about charge or charged im new on here im just finding information about what will happen.

[EDDIE51]

^ This just gets more confusing, you said that a letter with 'charge' on it had come in the post. As he has a solicitor you need to talk to the solicitor yourself. The solicitor will give you information as it is about your husband and you have the right to know what is happening to him. I am still sure your husband has not been truthful or has not told you the full story, but as I said you can ask his solicitor for information. As it concerns your husband the solicitor is allowed to give you information.They could not give you information if he was just a friend , but as his wife you can be given the information.