Need Legal Advice

[faisalpandu]

thanks for the advice so far. To be honest my mate did not go round there to sort it out amicably but if he says this to the police they will go down harder on him. When my mate went there were about 8 lads with him.(in case his mates were there) only two went to the door. They told the perosn we just wana talk about what happened and sort it out amicably which is when he rasied his hands.(this is not what actually happened but only one person opened the door and two guys of my mates went to the door. it will be his words words agianist the two that were at the door.) this is when blows were exchanged and a scuffle happened. he knew nothin wold be sorted so decided to leave. no police still as of yet. This is the story he wants to use to police.

 

[karym6]

he needs to tell the truth.

If you are saying this chap went there with 8 of his buddies to have a nice cosey chat, the police are going to lock the lot of you up for the day to find out what happend.

If the police come calling, he needs to tell the truth about what has happened. This is the only way he will come out of this looking good. You can rest assured that his attacker will be trying to lie and squirm his way out of this completely, so it doesnt matter what your mate says - the stories wont match up. The police, if they investigate, will ask neighbours and witenesses etc what has happened and this will give them a much better picture of the turn of events.

So - who ever was involved from your mates perspective needs to tell the truth, be upfront and not hold anything back from the police.

 

[faisalpandu]

cheers slackyboy will tellmy mate mate to keep low and not say anything until cops approach him.

 

[karym6]

what is an inactive user?

 

[faisalpandu]

another question is that if he gets a cuation will this show up in a CRB check and affect him getting jobs.

 

[karym6]

a caution wont end up in a regular CRB check, however a full check will show this.

 

[faisalpandu]

wot do u mean by full check

 

[karym6]

there are two types of check. A regular check and a full check.

A full check is normally used if you go to work in a school, police, army, nursery etc. A regular check is used if you go to work in a bank etc. A lot of financial firms ask for a regular check, and a few others are starting to do it now also.

In Scotland, it is known as Disclosure.

 

[little_pob]

wot do u mean by full check

Enhanced CRB Check
Also referred to as an Enhanced Disclosure. These are for posts that involve a far greater degree of contact with children or vulnerable adults. In general the type of work will involve regularly caring for, supervising, training or being in sole charge of such people. Examples include a Teacher, Scout or Guide leader. Enhanced checks are also issued for certain statutory purposes such as gaming and lottery licences.

This level of check involves an additional level of check to those carried out for the Standard CRB check - a check on local police records. Where local police records contain additional information that may be relevant to the post the applicant is being considered for, the Chief Officer of police may release information for inclusion in an Enhanced check. Exceptionally, and in a very small number of circumstances (typically to protect the integrity of current police investigations), additional information may be sent under separate cover to the Countersignatory and should not be revealed to the applicant.

Local to me an enhanced check is needed for any NHS or LEA job...

 

[Deleted member 6259]

Tbh your mate deserves every thing he gets going to some ones door with 8 mates isn't clever or big in anyway its just down right sad.What would of happened if the lad had kids in the house and they seen this or even worse got caught in the middle some how ?.As of charges like some of the other guys have said it all depends on how bad it was on the charge but with him going to his door mob handed he could also be charged with intent.Sorry to sound harsh mate but going to some ones door is just a no no in my book and theres plenty other ways he could of went about it.

 

[faisalpandu]

I understamd what your saying DRACA but the guy should have the tought about this before he knocked my mate out with 15 guys when they were at the crikcet pitch. bear in mind one of the guys sizzer kicked him in the face and the guy's father was also there who instaead of stopping his son was also involved in throign punches at my mate. These guys are scum not my mate. he just didi waht he had to do. These guys act big big when they have a big crew around them but when they are by them selves this is when they crap themselves. what i call cowards.

 

[Deleted member 6259]

FAISALPANDU still he was in the wrong and this may only be in my eyes but you dont go about things like that.

 

[Bronto]

convictions stay with you for 10 years after they have been completed also, unless you have been given an absolute discharge. In this case you only need to tell people for 6 months.

Incorrect

A conviction becomes "spent" on varying time scales depending on the prison sentence received, some convictions are never spent

Relevant Rehabilitation Periods

Prison for more than two and a half years - Never

Prison for more than six months but less
than two and a half years - 10 years

Dismissal with disgrace from Her Majesty's service - 10 years

A sentence of Borstal training - 7 years

Prison for six months or less - 7 years

Dismissal from Her Majesty's service - 7 years

Imprisonment or detention in YOI or youth
custody for six months or less - 7 years

Detention in respect of conviction in service
disciplinary proceedings - 5 years

Fine - 5 years

Young offender detention for over six months
but less than two and a half years - 5 years

Probation order or community order - 5 years

Hospital order under Mental Health Act 1983 - 5 years or 2 years after order ceases to have effect, whichever is the longer

Young offender detention for six months or less - 3 years

Absolute discharge - 6 months

Conditional discharge, binding over, care order, supervision order, reception order - 1 year after making of order or 1 year after the order ends, whichever is longer

Excluded Sentences

Convictions resulting in the following sentences can never become spent:


A sentence of imprisonment, youth custody detention in a young offender institution or corrective training, for a term of more than two and a half years.

A sentence of imprisonment for life

A sentence of preventative detention
Detention during Her Majesty's Pleasure or for life or a sentence of custody for life.

Your mate wont be able to do anything apart from please guilty. From what has been stated here, he took it upon himself to confront the attacker with a physical attack of his own. The police wont look favourably on this if they decide to press charges. However, thats an if.

he doesn't have to admit to or tell the police anything, we still have a right to remain Silent in this country

 

[karym6]

You are quite correct, he doesnt need to tell them anything at all. However, if he does this then the police will only have evidence from the person making the complaint as well as any witnesses that person names.

So keeping quiet would hardly be the best course of action to take, evidently this person needs to tell the police that he was attacked. He also needs to tell them the truth about what has happened. Otherwise the story he will make up will not match the stories of the witnesses.

 

[faisalpandu]

Just to let u know. The latest news is that the house that my mate went to did not phone the cops. A neighbour rang the cops beacuse he heard disturbances. i dont think they are presssing charges. the cops came to my mates house yesterday at 3 and siad they are gona come back at 6 but did not show up. Is there anything to worry about.

 

[karym6]

yes, to be blunt the police are investigating it.

If they didnt come back lastnight, they could be back the next. Right now it is possible they are speaking to witnesses etc, who will only be discussing the fact that your mate and eight of his mates went knocking on this guys door one evening.

 

[Bronto]

They WILL come back but now is the best time to say nothing, If the other party are saying nothing and wont press charges the police will be hoping your mate will drop himself in it in interview, politely say he doesn't know what they are talking about, better still make a "No Comment" Interview

 

[Jooooles]

I have many convictions as it took me a while to grow up lol most convictions are forgotting if you remain a good boy for a few years afterwards

however section 18s and stuff are stuck for life even smaller crimes are not spent if you commit another crime under the spent cooling of period

in this case i think you m8 is ok and deffo will get a slap on the wrist

 

[faisalpandu]

Me mate had another game today, i was also there and they came down with about 20 lads looking for a kickoff again. We had notified the organisers who were also there. They wanted a confrontation and looking for a kickoff. these guys are just f***in w***kers who just want a f***in kickoff. i dont understand have they not learnt there lesson. what is the best advice on what to do.

 

[karym6]

you still havent got it? Call the police and tell them, thats what you should do. As long as they know you lot called them, then your attackers havent got a leg to stand on.

If the organisers know about this one, then the police will soon find out. If they do, then this is the third confrontation they have heard about between your mates and this group.

So, tell the police, be up front with them and be honest!