Police Authority Question

Castiel · 4 Apr 2011 at 23:35

Longbow said:
It's a talk involving a lawyer and a former police officer, and they discuss why you shouldn't talk to the police without a lawyer present, even if you're innocent of the crime you are being questioned for. It is US based, but still an interesting video.

US law and Policing isn't comparable with UK law and Policing.

Energize · 4 Apr 2011 at 23:48

Castiel said:
US law and Policing isn't comparable with UK law and Policing.

Many of the points still apply, they are more about human nature than legislation.

Castiel · 4 Apr 2011 at 23:58

Energize said:
Many of the points still apply, they are more about human nature than legislation.

Fair enough. I didn't watch the video as it is too long.

Energize · 5 Apr 2011 at 00:00

Does everyone have such a short attention span these days?

It's a very informative video, I suggest everyone watches it.

arc@css · 5 Apr 2011 at 00:02

Please make sure you have a solicitor. Always make sure you have a solicitor. Don't worry, if you're innocent you will be fine.

Castiel · 5 Apr 2011 at 00:14

Energize said:
Does everyone have such a short attention span these days? It's a very informative video, I suggest everyone watches it.

Just don't have time is all.

Nitefly · 5 Apr 2011 at 00:22

At college I was being taught recently how to act at a police station when representing an arrested client.

It seemed to imply the majority of the time the police will have nothing so in those circumstances you should advise 'no comment', even if they ask what your name is in an interview. If you give them your name then give a no comment, it allows the court to infer you are decieving the police :eek:

Energize · 5 Apr 2011 at 00:40

Nitefly said:
If you give them your name then give a no comment, it allows the court to infer you are decieving the police

That sounds about par for the course in this country.

Castiel said:
Just don't have time is all.

Yet, you are posting here.

Castiel · 5 Apr 2011 at 00:46

Energize said:
Yet, you are posting here.

In between study and watching a related documentary....I can only do so much

Von Smallhausen · 5 Apr 2011 at 00:48

Police cannot just boot in the door for any offences. To do so has to fall within sec 17 of PACE for a constable or SOCA designate.

You can enter and search any premises for .....

Executing a warrant arising from criminal proceedings or a warrant issued by sec 76 of the Magistrates Court Act.

Arresting for an indictable offence and this could be for a theft and could be sometime after it happened. You cannot enter and search for summary offences only.

You can also enter and search to arrest someone for the following .....

Section 1 of the old public order act of 1936.

Certain sections of the Criminal Law Act 1977. I forget which tbh.

Sec 4 of the public order act 1986.

Sec 4 of the road traffic act and for failing to stop for a constable in uniform.

Some transport act where drink or drugs are suspected. I forget which.

Sec 76 of the criminal justice and public order act.

Sections of the animal welfare act.

Sections of the children and young persons act.

Recapturing persons unlawfully at large.

Saving life and limb.

You must have reasonable grounds that the person is on the premises.

Castiel · 5 Apr 2011 at 00:57

Von Smallhausen said:
Police cannot just boot in the door for any offences. To do so has to fall within sec 17 of PACE for a constable or SOCA designate.

You can enter and search any premises for .....

Executing a warrant arising from criminal proceedings or a warrant issued by sec 76 of the Magistrates Court Act.

Arresting for an indictable offence and this could be for a theft and could be sometime after it happened. You cannot enter and search for summary offences only.

You can also enter and search to arrest someone for the following .....

Section 1 of the old public order act of 1936.

Certain sections of the Criminal Law Act 1977. I forget which tbh.

Sec 4 of the public order act 1986.

Sec 4 of the road traffic act and for failing to stop for a constable in uniform.

Some transport act where drink or drugs are suspected. I forget which.

Sec 76 of the criminal justice and public order act.

Sections of the animal welfare act.

Sections of the children and young persons act.

Recapturing persons unlawfully at large.

Saving life and limb.

You must have reasonable grounds that the person is on the premises.

Thanks, that clears that up.

Energize · 5 Apr 2011 at 01:32

Does anyone know if it's legal to arrest a police officer for conducting an unlawful search on your property? Eg, they're breaking into your house/shed.

Von Smallhausen · 5 Apr 2011 at 02:32

The complaints system is for such dissatisfaction Energize.

An illegal search does not neccessarily make it a criminal act and it would be for the due process of complaint to resolve the matter.

Energize · 5 Apr 2011 at 02:36

But surely it's criminal damage to break into someone's property without legal authority? Just like some random person throwing a brick through the window.

Von Smallhausen · 5 Apr 2011 at 02:42

Just to clarify, do you mean an officer on duty or in an off duty and committing an illegal act ?

Energize · 5 Apr 2011 at 02:43

On duty.

Von Smallhausen · 5 Apr 2011 at 02:50

Then no.

The officer may well be committing an illegal search but to forcibly try and stop them is not how to deal with it and you would likely be arrested for it.

As said, the complaints procedure should be used for any allegations that a search is illegal.

If it is illegal then that process and the services of a solicitor will show as such.

Energize · 5 Apr 2011 at 02:56

The complaints procedure really doesn't answer my question though. What if the police officer was murdering someone in the street for instance?

Von Smallhausen · 5 Apr 2011 at 02:58

Post it on the internets ?

Energize · 5 Apr 2011 at 03:02

I take it you don't know the answer then? It must surely be legal for a citizen to arrest a police officer for committing an unlawful act otherwise they could do anything without anyone nearby being able to stop them.