FORUMS > Warrington Wolves > O/T quick legal question |
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| Doe anybody know, can a member of the public provide legal representation for somebody else when dealing with the police?
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| anyone can represent anyone you can represent yourself its just ADVISABLE to have someone who knows the law
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ABW.: |
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| You can represent yourself in court or ask anyone else to represent you, however if the Court believes that the person representing you is not capable, they will advise you accordingly. If someone is giving legal advice to someone held in a police Office then they must be accredited.
My advice is get someone who is qualified and knows what they are doing.
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| Sounds intriguing
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| It is an employee of mine. He's cracked somebody's car bumper by kicking a football, An accident, all parties agree on this. He's dragging his heels repairing it. The car owner has informed the police, they have been around twice and now told him they will come into his workplace to yet again tell him to sort it. I believe this is not a criminal matter as it was an accident. Anyway i fear he is intimidated whenever they 'talk' to him. I just wanted to know that i could speak on his behalf if they do visit him at work.
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| Quote: gary numan "It is an employee of mine. He's cracked somebody's car bumper by kicking a football, An accident, all parties agree on this. He's dragging his heels repairing it. The car owner has informed the police, they have been around twice and now told him they will come into his workplace to yet again tell him to sort it. I believe this is not a criminal matter as it was an accident. Anyway i fear he is intimidated whenever they 'talk' to him. I just wanted to know that i could speak on his behalf if they do visit him at work.'"
Sounds strange that the police are involved as it's clearly a matter for the civil not the criminal courts to deal with.
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| Quote: Wolfieseviltwin "Sounds strange that the police are involved as it's clearly a matter for the civil not the criminal courts to deal with.'"
My thoughts exactly. They have been around twice , not charged him with anything nor took a statement. They tell him to fix it by such and such a date, last time they made him go around and apolgise. i've told him it's a civil matter and at this point nothing to do with police. They seem to acting as 'heavies' for the car owner, it's staring to become harrisment.
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| The police will be involved as if it is deemed as being reckless then it amounts to Criminal Damage, i.e. playing football near the cars and him cracking it at one of them.
Best for him to sort out now and the police are trying to give him enough chances to sort out before going further.
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| It may have been an accident but if he broke it should he not pay to repair it?
When I was a kid, I smashed next doors living room windows with a football. It was a complete accident but the Old Man paid for the repair as its the right thing to do.
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| By the sounds of it, the police have been put into an awkward situation when the owner of the car has reported it to them.
When it has been reported, it sound like the owner has claimed it is criminal damage.
Criminal Damage occurs when a person "damages or destroys property belonging to another, or is RECKLESS as to whether such property is damaged or destroyed"
In this situation, the playing of football near to a car could be considered reckless.
It is a minor situation, and one which the police would not want to trouble the courts with, and it sounds like they are trying something called "Restorative Disposal".
This is where the "Victim" and "Perpetrator" agree on terms to resolve the matter. Once a resolution is found, the police take no further action. Clearly, they want him to sort out the damage.
If he does not, he may be prosecuted for damage. Dependant on his previous convictions (if any) he may either receive a Fixed Penalty Notice of £80, a criminal caution, or be charged and go to court.
It is a sad situation, but the police are not to blame here. They are acting on governmental guidelines.
My advice? Get your friend to settle up with the car owner. It should end this fiasco.
My credentials? 13 years law experience!!!
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| Quote: gary numan "It is an employee of mine. He's cracked somebody's car bumper by kicking a football, An accident, all parties agree on this. He's dragging his heels repairing it. The car owner has informed the police, they have been around twice and now told him they will come into his workplace to yet again tell him to sort it. I believe this is not a criminal matter as it was an accident. Anyway i fear he is intimidated whenever they 'talk' to him. I just wanted to know that i could speak on his behalf if they do visit him at work.'"
Give him a pay rise, it could be a monetary issue that is holding him back?
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| Quote: Runcornwire "
My credentials? 13 years law experience!!!'" ]
13 years? must have been some crime!
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| Quote: Philth "13 years? must have been some crime!
It was. I laughed at a Wigan fan when they got beat!
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| I've told him time after time that he should sort it out as it was his fault, he knows, but is very slow to sort it out. if i waa the car owner, i'd have it sorted myself and forward the bill, he is in the wrong here. However, he wasn't playing football as such, his brother had been to football and whilst carrying his belongings into his house he has dropped the ball, he's kciked it back to him but hit the bumper instead. To my mind it isn't criminal damage and no more reckless than any other accident Is he in his right to tell the police that it is nothing to do with them and any legal action should be through a civil court?
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| The story has changed now. Just tell him to pay it and don't get involved. Sounds like this like wants a good kick up the arris.
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