Kangs Solicitors have successfully represented a client facing allegations of a sexual nature and who was alleged to have taken a number of photos of a female passenger on public transport.
Steven Micklewright of Kangs Solicitors details the help and support from Kangs Solicitors which produced this successful outcome.
Arrest, Interview and Release | Kangs Solicitors Police Station Team
Following a call to the police by a member of the public, our client’s mobile phone was examined and found to contain images of a fellow rail passenger.
As the result of this, the police believed that a more serious, sexual assault may have taken place against the passenger and our client was arrested for interview.
At the police station the alleged evidence was examined, our client was advised upon his position and guided through the police interview with the result that the police decided that there was insufficient evidence to continue against our client.
Irrespective of this, the police advised that that they were considering using their Common Law Powers to disclose the circumstances of the arrest to our client’s employer and his governing body.
What Is Common Law Police Disclosure? | Kangs CLPD and DBS Advisory Solicitors
The Common Law Police Disclosure (‘CLPD’) provisions allow police forces to disclose personal and/or sensitive data to a third party provided they can identify a ‘pressing social need’ to do so.
Route to Success | Opposing CLPD | Kangs Criminal Defence Solicitors
Having successfully supported our client throughout the interview process we were then able to further assist our client by:
- reviewing with him the evidence presented by the police and advised upon the appropriate course to adopt to tackle the next hurdle
- advising our client upon the applicable law and how it affected him
- preparing and submitting detailed representations to the police.
Successful Outcome | Kangs CLPD and DBS Team
As the result of our endeavours on behalf of our client, it was accepted that there was no pressing social need for the disclosure of our client’s arrest to his employer or professional body and to do so would be a breach of his Article 8 Right to respect Private Life.
Following the successful appeal, our client said;
‘Words cannot express the relief I feel…I am really very grateful to you all for providing such an incredibly professional service. Your impeccable level of support throughout my case was so helpful. You guys truly are a formidable team’
How Can We Help You? | Kangs Criminal Defence Team
Time spent in custody following an arrest can be daunting and overwhelming. It is important, therefore, that you receive the most appropriate advice from a Solicitor who has a thorough understanding of your rights whilst in custody, including how best to approach your police interview.
If you face being interviewed under caution, then contact one of our specialist Police Station Solicitors who can provide some initial advice over the telephone.
If you have been notified by the Police of their intention to exercise their Common Law Powers of disclosure or their Statutory Duty of disclosure in relation to Enhanced DBS Certificates, then please contact: