smegballs
World Chat Champion
Joined: 28 Oct 2007
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 Posted: 20:16 - 29 Jul 2009  Post subject: Shut your mouth...! |
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... when the pigs say the want to talk to you!!
https://video.google.com/videoplay?docid=-4097602514885833865
Its obviously based in American Law but what relevance does it have to the UK legal system?
From what I got told, anything that goes on in the interview (read: interrogation) room is not to help you but help the pigs, so save it for caught!
A quick read said that apparently juries have the power of "inference", that is if you do not answer police questioning they assume you made it up...... great!!
Really self incrimination should be inadmissible a la Napoleonic Law to rule out false confessions and such. |
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Paulington
World Chat Champion
Joined: 11 Mar 2009
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Posted: 21:30 - 29 Jul 2009  Post subject: |
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When cautioned just tell them you don't understand but express your inalienable right to silence under police questioning and your privilege against self incrimination.
If you don't understand, how can you be cautioned? PACE is rendered useless.
In the UK the jury can take your silence and fashion an adverse inference from your silence.
Adverse inferences can only be drawn when the accused:
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- fails to mention any fact which he later relies upon and which in the circumstances at the time the accused could reasonably be expected to mention;
- fails to give evidence at trial or answer any question;
- fails to account on arrest for objects, substances or marks on his person, clothing or footwear, in his possession, or in the place where he is arrested; or
- fails to account on arrest for his presence at a place.
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I believe I read something recently about a guy who messed the legal system around with some clever talk but I can't seem to find it!
If I find it I'll let you know. 
(Bear in mind my legal knowledge is just based on self-study!) 
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"Four wheels move the body, two wheels move the soul."
Current Vehicles: '89 Kawasaki KDX200, '99 Yamaha XV535, '00 Honda ST1100 Pan-European, '08 Suzuki GSX-R1000, '08 Mitsubishi Lancer GS4 2.0 TDCi, '15 BMW 1 Series 116d Sport Turbo.
CBT: 27/08/08. Theory: 04/09/09. Module 1: 16/09/09. Module 2: 01/10/09. |
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Visitor Q
$25 whore
Joined: 30 Apr 2004
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| Posted: 09:30 - 30 Jul 2009 Post subject: |
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'Whilst I'd like to explain my side, I realise the gravity of the accusations made against me, and as such would prefer to wait until I have seen legal council'
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China traffic/travel bike vid - When I make a sweeping statement, please add the word 'statistically' in to the sentence before you bitch...
From September 2014 to January/February 2015 I will not be using any English, nor reading any. As such, I won't be on here. PM at will, but I won't be checking/posting unless in emergencies. Certainly not for the first couple of months. Please berate me savagely if I break that rule... |
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Mister James
I want to believe!
Joined: 10 Aug 2004
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Posted: 16:26 - 30 Jul 2009  Post subject: |
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You're offered free legal advice when you're booked in to custody, and then again in the interview - and then asked to give a reason if you refuse it, so you wouldn't even have to politely explain you wanted to wait - they'd expect you to want to talk to a brief.
Edit: I've posted this before, but it still makes me laugh - and it's fairly relevant, and probably more true than we'd all like to admit:
| Quote: | A Survival Guide for Decent Folk
Paul has posted a number of lengthy replies on the “Modest Proposal" thread. In these days of us increasingly having to deal with law abiding folk who have fallen foul of the “entitled poor” and those who have learned how to use us to score points and exact revenge, I thought it would be a good idea to give out a bit of general guidance for those law abiding types who find themselves under suspicion or under arrest. It works for the bad guys so make it work for you.
Complain First
Always get your complaint in first, even if it is you who started it and you who were in the wrong. If things have gone awry and you suspect the cops are going to be called, get your retaliation in first. Ring the cops right away and allege for all you are worth. If you can work a racist or homophobic slant into it so much the better.
Make a counter allegation
Regardless of the facts, never let the other side be blameless. If they beat you to the phone, ring anyway and make a counter allegation against them. Again racism or homophobia are your friends. If you are not from a visible minority ethnic culture, may I suggest that that the phrase “You gay bastard” or similar is always useful. In extremis allege sexual assault. It gives us something to bargain with when getting the other person to drop their complaint on a quid-pro-quo basis. This is particularly good where there are no independent witnesses. When it boils down to one word against another and nobody is ‘fessing up, CPS run a mile and you, my friend, are definitely on a walk out.
Never explain to the Police
If the Police arrive to lock you up, say nothing. You are a decent person and you may think that reasoning with the Police will help. “If I can only explain, they will realise it is all a horrible mistake and go away”. Wrong. We do want to talk to you on tape in an interview room but that comes later. All you are doing by trying to explain is digging yourself further in. We call that stuff a significant statement and we love it. Decent folk can’t help themselves, they think that they can talk their way out. Wrong.
Admit Nothing
To do anything more than lock you up for a few hours we need to prove a case. The easiest route to that is your admission. Without it, our case may be a lot weaker, maybe not enough to charge you with. In any case, it is always worth finding out exactly how damning the evidence is before you fall on your sword. So don’t do the decent and honourable thing and admit what you have done. Don’t even deny it or try to give your side of the story. Just say nothing. No confession and CPS are on the back foot already. They forsee a trial. They fear a trial. They are looking for any excuse to send you home free.
Keep your mouth shut
Say as little as possible to us. At the custody office desk a Sergeant will ask you some questions. It is safe to answer these. For the rest of the time, say nothing.
Claim Suicidal Thoughts
A debatable one this. Claiming to be thinking about topping yourself has several benefits. If you can keep it up, it might just bump up any compensation payable later. On the other hand you may find yourself in a paper suit with someone watching your every move.
Always always always have a solicitor
Duh. No brainer this one. Unless you know 100% for sure that your mate the solicitor does criminal law and is good at it, ask for the Duty Solicitor. They certainly do criminal law and they are good at it. Then listen to what the solicitor says and do it. Their job is to get you off without the Cops or CPS laying a glove on you if at all possible. It is what they get paid for. They are free to you. There is no down side. Now decent folks think it makes them look like they have something to hide if they ask for a solicitor. Irrelevant. Going into an interview without a solicitor is like taking a walk in Tottenham with a big gold Rolex. Bad things are very likely to happen to you. I wouldn’t do it and I interview people for a living.
Actively complain about every officer and everything they do
Did they cuff you when they brought you in? Were they rude to you? Did they racially or homophobically abuse you? Didn’t get fed? Cell too cold? You are decent folk who don’t want to make a fuss but trust me, it pays to whinge and no matter how trivial and / or poorly founded your complaint there are people who will uncritically listen to you and try and prove the complaint on your behalf. Some of them are even police officers. Nothing like a complaint to muddy the waters and suggest that you are only in court because the vindictive Cops have a grudge against you. Far fetched? Wait until your solicitor spins it in court and you come over as Ghandi.
Show no respect to the legal system or anybody working in it
You think that if you are a difficult, unpleasant, sneering, unco-operative and rude things will go badly for you and you will be in more trouble. No sirree Bob. It seems that in fact the worse you are, the easier things will go for you if, horror of horrors, you do end up convicted. Remember to fake a drink problem if you haven’t developed one as a result of dealing with us already. Magistrates and Judges do seem to like the idea that you are basically good but the naughty alcohol made you do it. They treat you better. Crazy I know but true.
So there you go, basically anything you try and do because you are decent and straightforward hurts you badly. Act like an habitual, professional, lifestyle criminal and chances are you will walk away relatively unscathed. Copy the bad guys, its what they do for a living. |
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