Taxi Driver Online

I think you first have to understand the legality of "pace" and the legal circumstance under which the Tape-recording of interviews can take place?

The first thing you should be reminded is that the act relates to "criminal justice" and not the breach of a non indictable licensing condition. Therefore the police have no power to intervene and have no legal right to subject you to an interview under pace. Neither do the licensing authority because they have no powers of arrest. However what they will do is ask you to voluntary answer questions under the conditions of a taped question and answer session.

In your circumstances any interview under pace was completely voluntary and it was up to you to decide whether or not you wanted to be interviewed under those conditions.

Council officers do not normally make these requests unless they feel justified in doing do so, therefore drivers who think they may have breached licensing conditions should not agree to an interview under pace or any other recorded means. It is in your interest and indeed your right to have the council make their own case rather than you assisting them in making a case against you.

For future reference, if a council issues a request for such an interview under "pace", tell them that you respectfully decline their invitation and that you have no desire to participate in such an exercise. Non participation is probably far better than participating in the interview and saying no comment all the way through it, or not saying anything at all?

You will no doubt have bylaws regarding failure to assist an officer of the council or the police but in this instance declining an interview under "pace" is not in breach of any particular bylaw.

Regards

JD

JD thanks very much for your detailed reply.

I do not know if the L.A were out of procedure but the tapes & interview were started before I was notified of whether I wished to proceed.

It was while the tapes were rolling that my rights were pointed out to me - going in practically blind folded and not wishing to be seen to be guilty of anything, the tendency is to go along with it. In many respects you are dragged into it.

I suppose not being a crim I am not street wise with regards to legal procedures.

Many thanks John

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if you cannot be yourself, then who can you be.

In those circumstances i would write to the council and DEMAND that all the tapes are destroyed immediatley.

Typical LO's thinking they're god.

Amazing your in a legal situation, threatend with possibly the loss of your livlihood and some advise dont take a lawyer, what next DIY heart surgery
.DECISIONS ARE TAKEN BY THOSE THAT TURN UP!!!!!!!!!!!!!!!!!!

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The views expressed by this contributor do not neccesarily reflect the policys of The GMB Nationally or of the GMB London Region.

No DIY is not on the agenda, but sometimes it is not a bad thing to step back and see what it is all about.

As it is, a sol was not needed - because I knew I was not guilty of anything. If a problem was going to surface, then possibly take advice.

So my hard earned money is still in my pocket and the situation is resolved, and I am taking on board what has been said on this forum.I do not see confrontation as always going down the right road, but I am taking steps to see that this does not happen again.

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if you cannot be yourself, then who can you be.

John if you see using an expert solicitor supplied by a union as confrontational it definitely explains your position in the FARES LEAGUE Jesus Wept i should have known CARDIFF nothing changes.
If in doubt grovel???????????????????????????????????
DECISIONS ARE TAKEN BY THOSE THAT TURN UP!!!!!!!!!!!!!!!!!!!!!!

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The views expressed by this contributor do not neccesarily reflect the policys of The GMB Nationally or of the GMB London Region.

great way to get members.
treat everyone el;se as a idiot.

still at least we have your trafalgar square massacar.

C Gull or is it brain dead, how we recruit is our business,
ive no patience with IDIOTS as I suspect you know. You say you are a member so if you are unhappy why not attend meetings, answer phone calls, or resign, stop sulking grow up, in effect act like an adult!!!!!!!!!!
This cabby John has no sympathy from me whatsoever, using a solicitor at ameeting where you might lose your licence, provocative testicles!! Basic common sense never give a mug an even break is their attitude, he stood for it DOPE! My experiences in WALES have always been less than impressive, I thought this guy might re-educate me, some hope!

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The views expressed by this contributor do not neccesarily reflect the policys of The GMB Nationally or of the GMB London Region.

I dont really think insulting him is the way forward though

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Capt like i care, some people have to be told the truth before, they get the message, some never get it.
DECISIONS ARE TAKEN BY THOSE THAT TURN UP!

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The views expressed by this contributor do not neccesarily reflect the policys of The GMB Nationally or of the GMB London Region.

The guy asked for views, not to be insulted.

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Theres more than one way of skinning an effing cat!!!!!!!!!!!!!!

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The views expressed by this contributor do not neccesarily reflect the policys of The GMB Nationally or of the GMB London Region.

You should have called a halt to the interview as soon as you were aware that it was under caution and being taped and for that reason and to allow you to seek independent Legal Advice. If the interview were conducted under PACE then you would have been entitled to a access to a Solicitor FOC. Also you should have been cautioned and informed that the interview would be recorded prior to the interview starting and been reminded on tape that you were still under caution.

I'd contact the Head of Legal Services at your Local Council and ask for a written explanation and a copy of the Code of Conduct for Complaints Procedures; you can't stop what has happened to you but you might be able to stop it happenening again.

GMB I never asked for your sympathy and as it was I handled the situation myself, as I stated I knew that I was not guilty of any offence and if I was I would have known when to call for back up. You may think you are the eternal fountain of knowledge but you should give credit to those who do not feel that they need the back up of inept Unions, the situation was handled and as I said it is being followed up.

You really need to get a life, ( not as a Trade Unionist though, ) perhaps the people of Wales see through you, as you have obviously failed to rally or convey good people skills across to them. I cannot imagine that your Union or any other will be sending in solicitor every 5 mins for drivers all over the country, for them just to sort out something that I as a lay man was able to do for myself, as your union would be bankrupt in next to no time with the Sol costs involved.

You go around insulting individuals in general, and the people of Wales, who over the years have probably had more industrial strife than most. I wonder if you could tell us all, where were the Unions when Industry was, and still is being decimated. Jobs even today are being uprooted to other parts of the world, and what do the Unions do - maybe get them a reasonable severance package and then claim they have done a good job - But! the jobs have still gone

That is really not on, you really do need to brush up on your people skills, it seems to me as if you are stuck in a time warp and that you think banging your fist up and down and spouting off vitriolic that you do not have is going to do the job. As I said perhaps people down here have seen through you, we do need Unions with educated leaders, people we can look up to, people that will guide us back to an even balance between employment & employers, but as yet I have not seen that.

Regards John

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if you cannot be yourself, then who can you be.

PACE and the Codes of Practice attached to it relate to all manner of things that only the Police can do, e.g. arrest, detain, search, take samples and Identification Procedure etc.

However a number of agencies also investigate allegations that a criminal offence has taken place for example Customs and Excise, DWP, Inland Revenue, Health and Safety and of course our friendly Licensing Enforcement officers.

Before they ask you questions (interview you ) about an allegation that a criminal offence has been committed by you, they must caution you. Part of that caution tells you that “IT MAY HARM YOUR DEFENCE IF YOU DO NOT MENTION WHEN QUESTIONED SOMETHING YOU LATER RELY ON IN COURT”

Apart from fairness, the tape recorded interview is two fold, one to explain the nature of the allegation and secondly to give you the opportunity to give your side of the story.

The comments given so far woukl do a person no good if he were to sit and listen to the questions and not make a response. If there is sufficient evidence to prosecute you the opportunity to give an explanation at court would be lost.

The local authority by me invite drivers in for tape recorded interview by letter and give them a basic idea what it is about. They also inform them that they may wish to bring a legal representative with them.

By the way there is no need to caution you if they speak to you about a breach of conditions.

Hope this helps you Cabby John

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oldbloke