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| uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden. |
| Tags: arrest, unlawful |
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#1
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I was accused, by a member of the public (MOTP), of something I did
not do (and can prove using video evidence) It occurred at a train station. Importantly the MOTP subsequently made a statement to the police (BTP) where he gave no details of an inditable offence (IO) in the first place (or when he mad the accusations to me and to the train staff). From what I have read I believe that an IO is a must before making a citizens arrest (CA), or what ever it is called. In addition to there being no IO, the MOTP was not reasonable in suspecting me, as the timings are all wrong and he should have known. This parts seems quite clear to me, but the next is difficult to understand. I don't want to waste police time if the MOTP has not commited an offence in CA. Was I CAed or unlawfully detained? Basically the MOTP solicited the help of the barrier control train staff (BCTS). ... 1. The BCTS obstructed my movements by putting out his arm and saying that the duty manager (DM) wants to talk to me. At no time was I ever touched 2. The MOTP then verbally accused me of something that was not an IO. CA me verbally, by saying he had done it (CA) before. 3. 2 Security staff told me they would not let the train go with me on it. 4 I missed my train, and another 3. 5. the DM confirmed I could not travel on the train 6. The DM accused me as if he was there. 7. The police (Special) eventually came and took name and addresses and I left 8. MOTP gave a statement to BTP 9. BTP said that an IO could have occurred, but the MOTP did not give evidence to such (I think that is what they are saying). The BTP verbally say that no CA technically occured therefore there is nothing for them to investigate, although I can make a statement if I want to. Do the train staff have to know an IO occurred? Were the train staff assisting in the CA or were they acting under regulations? Did the MOTP commit a criminal offense? Any advice appreciated. |
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#2
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On 28 Jul, 09:50, wrote:
I was accused, by a member of the public (MOTP), of something I did not do (and can prove using video evidence) It occurred at a train station. Importantly the MOTP subsequently made a statement to the police (BTP) where he gave no details of an inditable offence (IO) in the first place (or when he mad the accusations to me and to the train staff). From what I have read I believe that an IO is a must before making a citizens arrest (CA), or what ever it is called. In addition to there being no IO, the MOTP was not reasonable in suspecting me, as the timings are all wrong and he should have known. This parts seems quite clear to me, but the next is difficult to understand. I don't want to waste police time if the MOTP has not commited an offence in CA. Was I CAed or unlawfully detained? Basically the MOTP solicited the help of the barrier control train staff (BCTS). ... 1. The BCTS obstructed my movements by putting out his arm and saying that the duty manager (DM) wants to talk to me. At no time was I ever touched 2. The MOTP then verbally accused me of something that was not an IO. CA me verbally, by saying he had done it (CA) before. 3. 2 Security staff told me they would not let the train go with me on it. 4 I missed my train, and another 3. 5. the DM confirmed I could not travel on the train 6. The DM accused me as if he was there. 7. The police (Special) eventually came and took name and addresses and I left 8. MOTP gave a statement to BTP 9. BTP said that an IO could have occurred, but the MOTP did not give evidence to such (I think that is what they are saying). The BTP verbally say that no CA technically occured therefore there is nothing for them to investigate, although I can make a statement if I want to. Do the train staff have to know an IO occurred? Were the train staff assisting in the CA or were they acting under regulations? Did the MOTP commit a criminal offense? Any advice appreciated. Maybe they got the initial impression a capital offence was in progress, or that you were carrying the proceeds of abbreviated burglary. If I were U I'd C a QC ASAP Toom |
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#3
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#4
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Maybe they got the initial impression a capital offence was in progress, or that you were carrying the proceeds of abbreviated burglary. If I were U I'd C a QC ASAP Toom I don't really want to elaborate on what the MOTP said, and I presume that he thought it was an IO, but it was not (and I did not play any part in it anyway). The police have dropped it. I am not sure why you suggest a QC. Is it to defend the MOTP allegation? which I know I don't need to, or is it persue a claim against the MOTP, if so I don't want to get into that until I feel I have a good case. Mark |
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#5
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On Mon, 28 Jul 2008 14:55:19 +0100, Toom Tabard put finger to keyboard
and typed: On 28 Jul, 09:50, wrote: Did the MOTP commit a criminal offense? Any advice appreciated. Maybe they got the initial impression a capital offence was in progress, or that you were carrying the proceeds of abbreviated burglary. If I were U I'd C a QC ASAP LOL Mark |
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#6
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#7
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martin wrote in news:488decb0$0$26087$db0fefd9
@news.zen.co.uk: Note 1: I know they are not all acronyms. IKTANAA if you don't mind. -- Regards, Periander |
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#8
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This sounds like a lot of nonsense, as others have implied. If you are serious see a
qualified lawyer - you are well out of your depth here. |
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#9
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On 28 Jul, 17:15, wrote:
Maybe they got the initial impression a capital offence was in progress, or that you were carrying the proceeds of abbreviated burglary. If I were U I'd C a QC ASAP Toom I don't really want to elaborate on what the MOTP said, and I presume that he thought it was an IO, but it was not (and I did not play any part in it anyway). The police have dropped it. I am not sure why you suggest a QC. Is it to defend the MOTP allegation? which I know I don't need to, or is it persue a claim against the MOTP, if so I don't want to get into that until I feel I have a good case. Mark QCs can help you in ensuring your sentence will be shorter, but based on your original post I'd say a short spell in Reading jail might be appropriate. Toom |
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#10
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On 28 Jul, 17:15, martin wrote:
wrote: I was accused, by a member of the public (MOTP), of something I did not do (and can prove using video evidence) It occurred at a train station. Importantly the MOTP subsequently made a statement to the police (BTP) where he gave no details of an inditable offence (IO) in the first place (or when he mad the accusations to me and to the train staff). From what I have read I believe that an IO is a must before making a citizens arrest (CA), or what ever it is called. In addition to there being no IO, the MOTP was not reasonable in suspecting me, as the timings are all wrong and he should have known. This parts seems quite clear to me, but the next is difficult to understand. I don't want to waste police time if the MOTP has not commited an offence in CA. Was I CAed or unlawfully detained? Basically the MOTP solicited the help of the barrier control train staff (BCTS). ... 1. The BCTS obstructed my movements by putting out his arm and saying that the duty manager (DM) wants to talk to me. At no time was I ever touched 2. The MOTP then verbally accused me of something that was not an IO. CA me verbally, by saying he had done it (CA) before. I don't know about anyone else, I lost the will to live around this point with all the TLAs[1] and UFLAS[2] How about telling us What happened; What you were reported for; Then ask a list of questions. [1] Three letter acronyms (see Note 1) [2] Unknown four letter acronyms (see Note 1) Note 1: I know they are not all acronyms.- Hide quoted text - - Show quoted text - Under the EU ARSE (Acronym Registration Standards Executive) Directive 102 (2008), you can now only use acronyms which have been registered and approved by the Association for the Creation of Really Original Names Yielding Meaning. Toom |
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