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Formal Questioning

  • 11-08-2012 2:27pm
    #1
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭


    In ireland the only way to formally question someone is by arresting and detaining them. Is this the same in England? I'm looking at all the people being arrested for the death of that little girl and i find it hard to believe they would all be willingly involved.


Comments

  • #2
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    I realise you specifically said England - but Scotland has this odd system of voluntary detention - I don't know if it's still going though as there was some case in the ECtHR over it.


  • #3
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,448 ✭✭✭✭Marcusm


    Follow this for some general comments.

    http://www.direct.gov.uk/en/CrimeJusticeAndTheLaw/Beingstoppedorarrestedbythepolice/DG_196019

    I suspect that they have agreed to be questioned without being arrested to allay suspicion. if the police here suspect complicity in a crime they have to provide the same caution Prior to questioning as if they had been arrested


  • #4
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    In England and Wales a person can be "helping the police with their inquiries". They are not under arrest and are free to leave at any time but they are still under caution.

    Normally if they attempt to leave they will be arrested.


  • #5
    krd
    Banned (with Prison Access) Posts: 3,455 ✭✭✭krd


    MagicSean wrote: »
    I'm looking at all the people being arrested for the death of that little girl and i find it hard to believe they would all be willingly involved.

    I depends on what they've. They may not be directly involved.


    I can remember a case in Ireland years ago (a murder). Where the investigation was slowed down for a few days, because some people had lied when questioned. They were not directly involved. They were not criminals. They may have thought they were protecting one of their own. They were arrested and charged, I'm not sure if they were prosecuted. The guards ended up on a wild goose chase. They arrested someone I knew and questioned them. And all they had to go on was the guy had once put an ad in buy and sell a few years previously.

    The case in England looks like a case of domestic violence that got out of hand. And there may be several people involved. It's been reported that an important tip off was given by one of the girls school friends. It was probably a very violent household.

    I think it took the police three searches of the house to find the body. Hiding a body that well I would imagine (I've never hid a body....I swear) would take several people.


  • #6
    Victor
    Registered Users, Registered Users 2 Posts: 78,494 ✭✭✭✭Victor


    MagicSean wrote: »
    In ireland the only way to formally question someone is by arresting and detaining them. Is this the same in England? I'm looking at all the people being arrested for the death of that little girl and i find it hard to believe they would all be willingly involved.

    I thought that there were one or two very specific exceptions here.

    In that case, the people may have been arrested for secondary offences - aiding and abetting, wasting police time / lying to police, etc.


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