Can the Police Pull you without a reason ? Yes or No
02 January 2006, 04:18 PM
#61
Scooby Regular
Join Date: Jan 2006
Location: st helens
Posts: 183
Likes: 0
Received 0 Likes
on
0 Posts
police?where?
if the police want to pull me for nothing then they are going to have to get used to seeing a dissapearing wrx sticker in front of them,the smell of burnt optimax,and the sound of a turbocharger at 100,ooo rpm.catch me if u can!end of.
02 January 2006, 05:44 PM
#62
I think the point my friend was suprised by was the fact that the guy he held could have used a claim of false imprisonment against him, which the police officer seemed to show more concern about instead of the fact that this guy was in someones garden at two in the morning.
Two hours waiting for police officer to attend was probably slightly embelished by my friend but it probably did take a lot longer than he felt happy with.
We all know we have rights, unfortunatly so do the criminals.
Two hours waiting for police officer to attend was probably slightly embelished by my friend but it probably did take a lot longer than he felt happy with.
We all know we have rights, unfortunatly so do the criminals.
Originally Posted by John57
The guy in the garden may commit the offence of being on 'Enclosed Premises' being in an enclosed yard/garden .... the onus is on the police to prove what he planned to do - a bit difficult if he makes no comment in interview and there is no additional evidence viz his actions/possessions.
Having said that if there is much additional evidence regarding his actions you may have enough for an attempted burglary/theft. If you have nothing other than he is in the garden; albeit over a high 'ish wall then it will go nowhere .... for example, if he said he was hiding from a gang who had threatened him with a knife how could the police prove sufficiently otherwise to the level a court would require that something else was planned/in his mind ?
We all know he was probably up to no good but the police have to have enough to send it to court and unfortunately their 'hunch' and everyone elses opinions are not enough! The law is a wonderful thing for criminals .....
'Enclosed Premises' was - until the law changed yesterday - technically not normally arrestable unless certain conditions applied. The new rules also mean certain conditions have to apply before you can arrest. Arrest is not - unfortunately - guaranteed.
If a member of the public has detained someone in the 'honestly held belief' they had a lawful right to do so because someone had committed a crime then they are not going to get done for anything. PC's who turn up at a call also do not 'charge' anyone - if someone is arrested and dealt with the evidence is presented before a Sergeant and now usually a CPS rep and they decide if a person gets charged to go to court . Unless there is more to this like the man was tied down by his throat, etc, etc then there is nothing to worry about. It would be a little odd for a PC to pass that sort of comment unless there was more of a story.
2 hours to wait for the police is a bit worrying for a suspect detained ... if I have read it right ??? I know some areas are stretched but if that's the case I think I am glad I do actually live in a built up area !
Having said that if there is much additional evidence regarding his actions you may have enough for an attempted burglary/theft. If you have nothing other than he is in the garden; albeit over a high 'ish wall then it will go nowhere .... for example, if he said he was hiding from a gang who had threatened him with a knife how could the police prove sufficiently otherwise to the level a court would require that something else was planned/in his mind ?
We all know he was probably up to no good but the police have to have enough to send it to court and unfortunately their 'hunch' and everyone elses opinions are not enough! The law is a wonderful thing for criminals .....
'Enclosed Premises' was - until the law changed yesterday - technically not normally arrestable unless certain conditions applied. The new rules also mean certain conditions have to apply before you can arrest. Arrest is not - unfortunately - guaranteed.
If a member of the public has detained someone in the 'honestly held belief' they had a lawful right to do so because someone had committed a crime then they are not going to get done for anything. PC's who turn up at a call also do not 'charge' anyone - if someone is arrested and dealt with the evidence is presented before a Sergeant and now usually a CPS rep and they decide if a person gets charged to go to court . Unless there is more to this like the man was tied down by his throat, etc, etc then there is nothing to worry about. It would be a little odd for a PC to pass that sort of comment unless there was more of a story.
2 hours to wait for the police is a bit worrying for a suspect detained ... if I have read it right ??? I know some areas are stretched but if that's the case I think I am glad I do actually live in a built up area !
Thread
Thread Starter
Forum
Replies
Last Post
Mattybr5@MB Developments
Full Cars Breaking For Spares
28
28 December 2015 11:07 PM
Mattybr5@MB Developments
Full Cars Breaking For Spares
12
18 November 2015 07:03 AM