Following an allegation that our 12-year-old client had made threats to kill, the police invited them to attend a voluntary interview under caution.
Given the child’s age, their lack of any previous involvement with the police and the nature of the allegation, we made detailed written representations to the investigating officer, inviting the police to exercise their discretion not to proceed with an interview. In support of those representations, we submitted a carefully drafted letter of apology demonstrating genuine remorse, acceptance of responsibility and an understanding of the significant impact a formal criminal investigation would have on a child of this age.
Our representations addressed both the evidential and public interest considerations, arguing that a formal interview would serve little purpose in the circumstances and that the allegation could be resolved proportionately without exposing the child to the distress of the police station process.
Having considered our representations, the police agreed to conclude the investigation without an interview, accepting the letter of apology in full resolution.
We are delighted to have secured this outcome for our young client and their family. The case demonstrates the importance of obtaining early specialist legal advice before matters escalate. In appropriate cases, carefully prepared written representations and a properly drafted letter of apology can persuade the police to adopt a proportionate approach, sparing a child the stress and anxiety of a formal police interview
The successful resolution of this matter was secured by our Trainee Solicitor, Caitlin Albert. For more information on the work we carry out on behalf of clients at the pre-charge stage please contact Mark Bowen for further details.