Police Interview Under Caution

Long story short. I agreed to leave my wife for another woman but stated that I could only afford to financially live alone for six months, then we would have to look at moving in together (we never did). Next two-three years I spent thousands on her and got into more debt (my own stupid fault). I also loaned her two thousand, on separate occasions, for house deposit, holiday, fines etc (stupidly a verbal agreement). Few months later, she ended the relationship, she didn't pay back the money or return my belongings. This was just over a year ago.

 

Within the last six months, I have had no more debt to get into. On 3-4 occasions, intoxicated and adding melancholy, I had text her thoughts from the heart, nothing malicious or threatening but heartfelt, blunt and honest ramblings I suppose. About twenty texts each time, the second from last time, she asked me to leave her alone, I said that I wouldn't contact her again pointing out she was selfish and left me financially ruined. 

 

Two weeks ago, after yet again creditors chasing me, with no wiggle room left, I had an argument with my current girlfriend and we had split up. The debt issue had been serious enough that my job and career would have been under serious threat due to working in Finance (as my qualifications would be rescinded) so I was on the verge of a breakdown. I had had a drink and text her more rubbish from the heart, I left two voicemails which left it under no doubt I was drunk. Again, nothing malicious or threatening, just an outpouring of thoughts about how she is better than she believes and to have confidence in herself etc etc. She text me back in the morning reiterating what she said the previous evening, to stop texting her. She also posted on her twitter account stating how many texts I had sent (16) and to leave her alone. I made reference to her tweet, that I would stop and that she was a selfish thief. (I have a friend who kept me posted if she posted anything re: me on her twitter account.)

 

Eleven-twelve days later (16th April), I receive a call from a Police Officer wanting me to come down to the station for an interview under caution and that I could have the free duty solicitor if I wished.  The conversation was amicable enough and I apologised that they were dragged into this (in my view unnecessarily) and we arranged that I would come into the station on the 25th. I had declined the offer of a duty solicitor over the phone stating that I didn’t want anyone else’s time to be wasted.  That said, after making the mistake of reading people’s experiences on the internet, I’m starting to be more concerned as even a caution would affect my second job as a Carer.

 

I appreciate the police are only doing their job, and I’m amazed that the ex-girlfriend didn’t just block my number from her iphone (easily done), threaten me with the police or merely changed her number (she shouldn’t have to, but if I was being that much of a nuisance).  She went straight to the police which dumbfounded me.  This is my first interaction with the police if that makes any difference.

 

 

Please can you advise me on likely outcome, should I take in a duty solicitor even though I initially felt it was just a chat to explain my side of the story and what I could do to claw back money owed / belongings?

Its rarely wise for anyone to

Its rarely wise for anyone to be interviewed under caution without legal advice.

So phone the police officer and say you will require the duty solicitor- its not a problem. You are allowed to change your mind at any time- including mid-inteview.

This is a case where you would be almost certainly best advised to say nothing- or give a prepared statement after speaking with your solicitor and decline to answer any further questions.

They can't caution you without your consent and based on what you have posted its borderline. My approach would be to accept there will be no further contact with her other than through a solicitor.

Profile: retired barrister legal adviser with MOJ.

Thank you for your

Thank you for your response.

Wouldn't turning up and declining to comment result in adverse inference and likely to go against me?

If I prepared a statement, what specifically should I be omitting?  A statement would only be similar to what I have posted here other than to add that I would accept to have no further contact with her.

 

I will request the duty solicitor.

There's an old legal

There's an old legal saying.

No one was ever hanged ...for what they didn't say!

An unrepresented person is wise to say as little as possible.

As you are now following the sensible course - listen to your solicitor.

Profile: retired barrister legal adviser with MOJ.
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