MY 11 yr old has received a summons

[Emsiwemsi]

5 months ago my Neighbour phoned 999 to report that my 11yr old son was making racist comments to her. They arrived 10mins later and knocked on my door to question him over the incident, they asked him if he said it and he said no. A few days later we had a phone call asking him to bring him to the station for questioning, he wasnt in so they said to bring him to the station .after the weekend, If he failed to appear they would be up to arrest him.
He went to the station, where he was questioned over the incident, he told them it wasnt him it was a girl who was with them, he was never cautioned and we were not told that anything more was to happen.
That was 21/09/09.
Today I recieved a summons for him to appear in court in 3 weeks as the police say he commited the offences an must appear in court
Can somebody please tell me if this is normal? Why are they wasting time over this he never said it , he wasnt arrested so why is he in court?

[dh001]

Hi, Just to clarify some basic points.. A person does not have to be arrested to be put before the Courts. If a person is not arrested and the police believe there is sufficient admissible evidence for a prosecution to likley succeed in a conviction then they will summons that person to court if it is in the publics interest. If a person fails to attend court on the direction of a summons without a good cause then yes they would be arrested etc.

You will find that all police forces prioritise 'racist incidents'. A summons counts as a sanctioned detection. ! Were you legally represented during questioning?

This is just a summary answer.

This is just a summary answer, I

[Emsiwemsi]

What case? What my neighbour failed to tell the police was that it was a girl who knocked on her door and said that lad over there pointing to a totally different boy. She even told my housing officer that it was a girl. Where is the justice in that?

[dh001]

The case you just mentioned

[Emsiwemsi]

No he went in with his father.

[jno]

then call the housing officer to give evidence.

[dh001]

Ok, If some one is charged or summons to court it does not mean they are guilty but the prosecution believes there is sufficient evidence against that person for the offence. The court determines guilt etc

I assume your son and father told the investigator was told during formal interviews about this girl etc and the issue regarding the housing officer?

[sara3]

I assume the rules of Disclosure apply, so you should be able to see all evidence and statements prior to the hearing.

[oldmaggie]

The police system gone mad once again.

[Emsiwemsi]

Yes they did, I have only just noticed that the name of my neighbour is totally different to the one she has given to me I dont know her by the name on the summons. where do I stand?? what should I do?

[dh001]

Hi Sara, yes disclosure does apply. (CPIA)

Hi Emsiwemsi: What actual offence has your son be summonsed for?

Your son's father would have heard the evidence during formal interviews, can he shed any light on the allegations and evidence?. As Sara states, you should have or will recieve (most) of the prosecution papers known as 'advanced disclosure'. Do you have this yet?

[brenda]

If your son of 11years is associating with others who make racist comments , it is time you got a real grip of him before he gets into further trouble.

[Emsiwemsi]

It happend to be someone that does not usually hang around with them, my neighbour used to be a friend who we helped out with things all the time, my partner did several jobs for her. Until that is she accused him of trying it on with her, and ever since she has been sticking her nose up at us I have even knocked on the door to say" lets forget it cos we both have to live round here", which she agreed to.
She has not been an angel herself she used to parade herself in the garden in her very revealing nightwear, picking up litter, washing windows.
She has a grudge and she is using her race to ensure we get evicted.
My partner has a mixed race daughter so I know my child will not be racist, I also am good freinds with another neighbour who is Jamaican.

[beso]

You should not presume that the presence of a mixed race child in the family will ensure your son could not be a racist.