Poll: Released from custody without charge

Is the OP...

  • Guilty

    Votes: 33 17.5%
  • Incredibly guilty

    Votes: 128 67.7%
  • Ban the mod who did this poll!

    Votes: 28 14.8%

  • Total voters
    189
  • Poll closed .
Associate
Associate
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A friend of mine was recently arrested after being pulled over and subsequently accused of theft of a motor vehicle. He was locked up for just over 20 hours and then released 'without charge', i.e not on bail. Upon arrest the police seized the vehicle.

Is my friend at risk of being charged with any offence relating to this vehicle following the previous arrest or does the fact he was released without charge exonerate him and bring an end to the matter?
 
A friend of mine was recently arrested after being pulled over and subsequently accused of theft of a motor vehicle. He was locked up for just over 20 hours and then released 'without charge', i.e not on bail. Upon arrest the police seized the vehicle.

Is my friend at risk of being charged with any offence relating to this vehicle following the previous arrest or does the fact he was released without charge exonerate him and bring an end to the matter?

Did he steal the motor vehicle?
 
Did he steal the motor vehicle?

No one through the legal system is guilty of what they are accused of, silly :p

The ownership of said vehicle is quite important to the question. Being released without charge merely means the popo don't see your friend as at risk of doing a runner. They can then build a more solid case to throw the book at him.

The only option is a one way ticket to Panama
 
Did he steal the motor vehicle?

The vehicle legitimately belongs to my friend. I suppose is the more relevant question would be can the police subsequently accuse my friend of any other offence given that police have only 24 hours to investigate and bring a charge? Or is the case legally consigned to history now the time has expired? In the time my friend was held the police had every opportunity to investigate all avenues of crime and couldn't bring charge due to lack of evidence is the outcome that is assumed.
 
This is irrelevant to the question.

It's entirely relevant, as he could be re-arrested once they have more information about what went on.

If the vehicle has been seized then it was because there was some doubt over its ownership - if the actual owner wasn't able to be contacted within 24 hours, and there's no evidence of forced entry, they'll have to wait and see if it was TWOC or something else, hence not being able to charge him with anything due to lack of evidence.

Panama, as suggested, is quite nice at this time of year.
 
can the police subsequently accuse my friend of any other offence

Yes, of course they can. Not for driving under the influence or some other time-limited effect if they haven't already gathered the required evidence. But for anything relating to the vehicle that they couldn't get information on within 24 hours (for whatever reason).

So, no, he's not out of the woods yet. Your peculiar phrasing and hesitation seems to suggest that he HAS done something, and is worried about being caught for it. There's no time limit for being arrested and charged for something, as long as the evidence is there for use in court.
 
The vehicle legitimately belongs to my friend. I suppose is the more relevant question would be can the police subsequently accuse my friend of any other offence given that police have only 24 hours to investigate and bring a charge?

Yes.

Or is the case legally consigned to history now the time has expired?

No. The investigation can continue regardless of whether your friend is in custody or not and his role in the incident may continue to be investigated. They'll obviously need to arrest him again if they want to talk to him about the matter under caution however.

In the time my friend was held the police had every opportunity to investigate all avenues of crime and couldn't bring charge due to lack of evidence is the outcome that is assumed.

No, it means that within that time a charge couldn't be brought. If that changes later down the line he'll be arrested again.
 
Surely he had legal representation during the 20 hours of his arrest. Speak to the legal counsel and ask them. You won't get a straight answer on here without some proper legal info.
 
Is my friend at risk of being charged with any offence relating to this vehicle following the previous arrest or does the fact he was released without charge exonerate him and bring an end to the matter?

If he's done something illegal, then he's at risk of being nicked again.
It's highly unlikely he would be arrested on suspicion of theft of a vehicle on a whim, so I suspect there is a lot more to this story.
 
Why not just tell the full story instead of making a post on an Internet forum then start telling people their questions are irrelevant
 
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