Taxi Driver Online

UK cab trade debate and advice
It is currently Fri May 09, 2025 1:00 pm

Board index » General » Licensing and legal

All times are UTC [ DST ]



Post new topic Reply to topic  Page 1 of 1
  [ 11 posts ] 
  Print view Previous topic | Next topic 
Author Message
grandad
 Post subject: interview under caution
PostPosted: Sat Oct 26, 2024 1:04 pm 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20016
If the Council wish to interview a driver under caution, is that driver entitled to the services of a duty solicitor the same as if they were being interviewed under caution by the police?
Top
 Profile  
 
heathcote
PostPosted: Sat Oct 26, 2024 1:48 pm 
Offline

Joined: Mon Jan 18, 2016 7:56 pm
Posts: 2509
I do not see any reason why he should not be accompanied by a legal or a friend representative.
Top
 Profile  
 
grandad
PostPosted: Sat Oct 26, 2024 2:34 pm 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20016
heathcote wrote:
I do not see any reason why he should not be accompanied by a legal or a friend representative.
Ah, That was not the question though. The question was should the Council provide a duty solicitor in the same way as the police have to?
Top
 Profile  
 
XH558
PostPosted: Sat Oct 26, 2024 3:54 pm 
Offline
User avatar

Joined: Sat May 20, 2023 12:40 am
Posts: 287
Location: Glasgow
If it's similar to this, it looks like no.

Do I get free legal advice?

For voluntary interviews conducted by non-police investigators, the provision of legal advice is set out by the Legal Aid Agency in the Standard Crime Contract Specification. The rules mean that a non-police interviewer who does not have their own statutory power of arrest would have to inform a suspect that they have a right to seek legal advice if they wish, but payment would be a matter for them to arrange with the solicitor.
Top
 Profile  
 
Sussex
PostPosted: Sat Oct 26, 2024 7:54 pm 
Offline
User avatar

Joined: Wed Sep 03, 2003 7:30 pm
Posts: 55914
Location: 1066 Country
grandad wrote:
If the Council wish to interview a driver under caution, is that driver entitled to the services of a duty solicitor the same as if they were being interviewed under caution by the police?

No.

But I suspect a solicitor might advise attending, listening to the council's issues, and saying nothing.

_________________
IDFIMH
Top
 Profile  
 
grandad
PostPosted: Sun Oct 27, 2024 10:42 am 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20016
Sussex wrote:
grandad wrote:
If the Council wish to interview a driver under caution, is that driver entitled to the services of a duty solicitor the same as if they were being interviewed under caution by the police?

No.

But I suspect a solicitor might advise attending, listening to the council's issues, and saying nothing.

I didn't find out about the drivers interview until after it took place. Unfortunately he didn't seek advice before attending and unfortunately he did speak. He got 6 Council points on his Council badge.
I did call him a fool.
Top
 Profile  
 
Sussex
PostPosted: Sun Oct 27, 2024 11:14 am 
Offline
User avatar

Joined: Wed Sep 03, 2003 7:30 pm
Posts: 55914
Location: 1066 Country
Sadly the world is full of numpties that seek advice after the event, rather than prior to it.

Out of interest does the council have an internal appeal process for these points?

_________________
IDFIMH
Top
 Profile  
 
jimbo
PostPosted: Sun Oct 27, 2024 11:39 am 
Offline
User avatar

Joined: Fri Feb 04, 2005 8:23 pm
Posts: 4976
Location: Lincoln
grandad wrote:
Sussex wrote:
grandad wrote:
If the Council wish to interview a driver under caution, is that driver entitled to the services of a duty solicitor the same as if they were being interviewed under caution by the police?

No.

But I suspect a solicitor might advise attending, listening to the council's issues, and saying nothing.

I didn't find out about the drivers interview until after it took place. Unfortunately he didn't seek advice before attending and unfortunately he did speak. He got 6 Council points on his Council badge.
I did call him a fool.


Yes indeed. The man who represents himself in court, ( or before a council kangaroo court ) has an idiot for a client.

_________________
Former taxi driver
Top
 Profile  
 
grandad
PostPosted: Sun Oct 27, 2024 2:39 pm 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20016
Sussex wrote:
Sadly the world is full of numpties that seek advice after the event, rather than prior to it.

Out of interest does the council have an internal appeal process for these points?

They do, but this particular driver would probably come away from an appeal with another 6 points and no license.
Top
 Profile  
 
captain cab
PostPosted: Mon Oct 28, 2024 10:44 pm 
Offline
User avatar

Joined: Tue Oct 21, 2003 7:25 pm
Posts: 37338
Location: Wayneistan
I bow to the words of my esteemed colleague 'sussex'

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin
Top
 Profile  
 
wannabeeahack
PostPosted: Tue Nov 19, 2024 11:51 am 
Offline

Joined: Tue Apr 29, 2008 4:06 pm
Posts: 24281
Location: Twixt Heaven and Hell, but nearest Hell
grandad wrote:
If the Council wish to interview a driver under caution, is that driver entitled to the services of a duty solicitor the same as if they were being interviewed under caution by the police?


no comment

_________________
Of all the things ive lost, i miss my mind the most
Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  Page 1 of 1
  [ 11 posts ] 

Board index » General » Licensing and legal

All times are UTC [ DST ]

Who is online

Users browsing this forum: Google [Bot] and 11 guests

You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Jump to:  
Powered by phpBB® Forum Software © phpBB Group