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22-3-2016 11:18 am  #1


Alternatives to our normal advice.

We would normally advise if stopped to use SOT, record and don't sign the notebook.

So what happens if you hand over the SOT and BF decide to take it to full interview but you decline and say you are leaving?

The goods will obviously be seized but then you send off your NOC. When it gets to court what evidence will BF have that your goods should be condemned? Well quite simply none because they don't have interview evidence to go on, only your initial answers when stopped. In other words the goods were seized simply because of quantity and the use of the officer's discretion.

So the fate of your goods is decided by the mags on ''first time evidence'' without any bias from the BF officer.

A plausible scenario or not?

Another issue is should you rely in mags court on a good closing statement or cross examine the BF officer?


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22-3-2016 12:15 pm  #2


Re: Alternatives to our normal advice.

If you left without interview I'm sure they will say you abandoned the goods and thats the main reason of seizure. Then they will insist that you had something to hide thats why you left. I personally think it is better to stay for interview and have the goods seized than leaving and having the same result.


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22-3-2016 12:48 pm  #3


Re: Alternatives to our normal advice.

Yes, well of course that is our normal advice.

Walking away from an interview, as they tell you is your right, is really no different to your ''right to silence'' in a police interview, ie ''no comment''. 

What normally puts their head in the noose is the person's own evidence given at interview which by the time it gets to court is collated into the 'prosecution's' evidence.

Likewise an experienced person can turn a cross examination into something useful.


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23-3-2016 3:25 am  #4


Re: Alternatives to our normal advice.

The way I see it,
make sure A-J are covered by the SOT,
keep referring to the SOT,
do not incriminate yourself.

I have personally, after asking a few people questions on what they would say when questioned by UKBF, come to the conclusion that they have the easiest job in the world. 

If you do not believe me try it yourself on friends and family, the worst are the ones that try to sell a good story, not realising that the story basically loses them their tobacco. Then you have the folks that think it is ok to be out by one day on the maths with a pouch of tobacco, not realising that if they said they smoked 30 per day and then multiply that figure by the amount of pouches they bought and they are shocked to see how many cigs out they are on their calcs.  The person who bought some for his granddaughter, and then when asked if she ever helps out he states that she helps with cleaning once a week, asked if she gets paid the answer is no, opps!  I am sure the UKBF officers have lists of these they have built up, little things people say to incriminate themselves because they incorrectly think these stories help them not the UKBF.

Last edited by NoMoTax (23-3-2016 3:28 am)

 

23-3-2016 9:36 am  #5


Re: Alternatives to our normal advice.

NoMoTax wrote:

The way I see it,
make sure A-J are covered by the SOT,
keep referring to the SOT,
do not incriminate yourself.

I have personally, after asking a few people questions on what they would say when questioned by UKBF, come to the conclusion that they have the easiest job in the world. 

If you do not believe me try it yourself on friends and family, the worst are the ones that try to sell a good story, not realising that the story basically loses them their tobacco. Then you have the folks that think it is ok to be out by one day on the maths with a pouch of tobacco, not realising that if they said they smoked 30 per day and then multiply that figure by the amount of pouches they bought and they are shocked to see how many cigs out they are on their calcs.  The person who bought some for his granddaughter, and then when asked if she ever helps out he states that she helps with cleaning once a week, asked if she gets paid the answer is no, opps!  I am sure the UKBF officers have lists of these they have built up, little things people say to incriminate themselves because they incorrectly think these stories help them not the UKBF.

Absolutely my point!

The more people say, the more they incriminate themselves. Those awkward silences that the officer engineers - people feel obliged to say something, add in that little bit extra without being asked.

And of course there have been instances where BF have refused to accept the SOT or allow you reference to it.

The same goes with cross examination in court. If a person does not put enough thought into how an officer might respond to questions, he can quickly find himself on the back foot.

I'm not saying that I advocate the use of these alternatives but has anybody got a good reason not to, especially for the more nervous people?


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