i need help

[Casehardened]

The police are well aware of what making an arrest means in relation to this going on record (ECRB, visa application etc)

I think to be fair to them, if they have some doubts about the allegation, they will invite the 'accused' in for a chat to see (a) as Lawlessone says, if he digs himself a hole, or (b) if he has a cast iron alibi, in which case an arrest would make them look silly.

Rape is such a serious offence that an arrest nearly always follows so, as I mentioned previously, it is quite possible that the accuser in this instance is known to the police as an unreliable witness.

[felix]

But in the situation where nothing is known about accuser and the accused has no 'form' (or'previous') and the accused attends voluntarily and immediately and there is no question or expectation of the accused being unwilling to assist in terms of answering questions or yielding up clothes, phone, pc or whatever the police might want, is arrest appropriate, proportionate?

[Casehardened]

I will stand to be corrected on this but I *believe* that DNA, fingerprinting cannot be offered voluntarily (otherwise the subject could sue for 'assault') therefore if this is deemed desirable for the investigation the accused would have to be arrested.

I know this is not really answering your question, but if DNA forensics are deemed useful there must be an element of 'it might have happened' in the investigation; the situation where there is no arrest and bail suggests the IO thinks it is unlikely to have happened (after all the interviewee could go home after the chat and wipe all evidence and/or flee the country)

[Faith]

Casehardened is correct. Often the police arrest so that they can take this evidence and seize property/search premises. You can't say 'come in for a look' They have to arrest you to be allowed to search property and seize belongings.

[Boys don't cry]

I think to be fair to them, if they have some doubts about the allegation, they will invite the 'accused' in for a chat to see (a) as Lawlessone says, if he digs himself a hole, or (b) if he has a cast iron alibi, in which case an arrest would make them look silly.

Rape is such a serious offence that an arrest nearly always follows so, as I mentioned previously, it is quite possible that the accuser in this instance is known to the police as an unreliable witness.

I was the strangest "invite" I ever had,I thought I was on Candid camera.
I was cooking for the children with my sleepers on,two police car came and the end.
I thought they would "invite"me for a full english breakfast,instead I had silver bracelets and they even took them back?
Not cuppa,no croissant=A bit disappointed.
They need training in hospitality!

I don't really think they can "invite you for a chat" and let you go.
They need to collect some evidence so you cannot go back straight away where you were romantic with the "damoiselle".
I never had any problems before with anyone but they did arrest me staight away.
Maybe the kettle was on and they were in a rush to bring me to the station,unfortunately not even a Mcvitie

[Faith]

They can in theory invite you for a chat and let you walk out.

But sometimes, walking out implies you have something to hide...which will prompt an arrest.

[lawlessone2009]

I will stand to be corrected on this but I *believe* that DNA, fingerprinting cannot be offered voluntarily (otherwise the subject could sue for 'assault') therefore if this is deemed desirable for the investigation the accused would have to be arrested.

I know this is not really answering your question, but if DNA forensics are deemed useful there must be an element of 'it might have happened' in the investigation; the situation where there is no arrest and bail suggests the IO thinks it is unlikely to have happened (after all the interviewee could go home after the chat and wipe all evidence and/or flee the country)

CORRECTION!

LoL... You can voluntarily give a DNA sample, if you refuse then they simply arrest so where the 'voluntary' part comes into it is anyones guess...... I've done it so it is possible.

DNA could be taken to disprove as much as prove. Police can't really let their personal opinions guide a case and where there is any area of doubt they must act. A simple DNA test, in certain circumstances, could be enough to clear or convict (with all the other circumstantial evidence/evidence of course before I get my head bitten off!).

It is also possible to attend a voluntary interview but your chances of walking out are VERY slim. Better to sit it out and hope to get back out. Go dressed as if you are spending the night! A 'voluntary' interview also means that you don't have a direct right to a solicitor I believe (I am willing to be corrected here!!) which is not favourable.

Proportionality where an accusation of rape is concerned doesn't really matter. It's a serious offence. Attending a voluntary interview and being arrested for dog fouling or something similarly lowly in the crime tree could result in questions of course but it really depends on the allegation, history of the interviewee, police resources, public opinions etc.

[Boys don't cry]

They can in theory invite you for a chat and let you walk out.

Mabe next time

No thanks.

But thank you Faith for the information.

Actually they could follow you and check what you will do straight after leaving the police station?

[Boys don't cry]

Proportionality where an accusation of rape is concerned doesn't really matter. It's a serious offence.But it really depends on the allegation, history of the interviewee, police resources, public opinions etc.

Spot on Lawlessone!