Unlawful Arrest by Police - Part 1 | BlackBeltBarrister
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- čas přidán 29. 08. 2024
- It will be unlawful for the police to arrest someone without adhering to their codes and procedures. The police can arrest any person without a warrant in specific circumstances and must adhere to certain codes under PACE. If not, it may be rendered unlawful, and this is a complex area that I am going to break down into at least 2 parts.
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Your videos/information are such a selfless act.
I greatly appreciate the time that it takes to compile the information, thank you.
🙏🙏😊
@@BlackBeltBarrister
For example, victim phone the police 1 man wearing dark clothing out of a group of 5 men all wearing dark clothing assaulted them..
What powers do the police have short of arresting all 5 men until the victim get to the scene to ID the actual suspect!?🤷♂️
In the US it’s dead easy.. the officer simply use investigative detention on all 5 individuals until the victim gets to the scene to ID the suspect..
In the UK, detention powers are mainly for Stop and Search.. If all 5 men were arrested knowing only 1 committed the crime.. you looking at a massive lawsuit.
@@shookoneldn300 He covers that in the first five minutes of the video. Your ears are for more than keeping your sunglasses on.
@@jedross2136
Obviously, you can read but can’t comprehend.
By arresting all five individuals knowing only one is accused of the crime the officer automatically has 4 lawsuits on his hands.. furthermore, in the UK you have a right to use reasonable force to resist an unlawful arrest.. the other 4 arrested can lawfully resist the arrest.
In the US they have what’s known as investigative detention.. an officer can detain all individuals on the spot for a reasonable amount of time till the victim gets to the location to ID the suspect.. you cannot resist, it also close the loophole for suing the police.
In the UK detainment powers are used for searching or under the mental health act. The only option for the officer is to politely ask everyone to remain until the victim gets to the location or if they try to leave make an arrest which they have a right to resist.. see the difference when you don’t have investigative detention like the US!!!???
Now, it’s different if an officer stubble on a scene with five people standing over a dead body.. Yes, he can arrest everyone on the scene..
However, if he’s been told ONE individual committed the crime and he came across five individuals that match some description without investigative detention powers like the US.. if he arrest all individuals he might be met with resisting arrest or/and lawsuit..
@@shookoneldn300 Watch from 3 minutes to 5 minutes and you'll see what I mean.
A very interesting and informative gentleman, thank you for the guidance as the law is so complex , and it's nice to be aware of what rights a person has !👍
Talking of layered complexity. I think though the complexity of law, with an expert defence, can be a very useful tool to gain justice. Simplicity would make it a blunt tool. Or even blunter, depending on one's view point.
You need to talk more about vaccinations. This is what's worrying people now especially as they are injecting children and mandatory vaccination.
How do we get in touch with you Black belt barrister?
Gotta love the naivety of whoever wrote PACE. using the word 'honestly' when it comes to the police.
Very thorough. Great to know the PACE legislation.
One question this video did explain very nicely is why we keep hearing stories of drivers with no insurance or licence in an unroadworthy car keep getting stopped, the car seized and then reported to attend court at a later date, when most people keep asking why they aren't in cuffs in the back of the car instead.
Very useful. Many thanks. So, why is it that so many police auditors get stopped, harassed, handcuffed and searched - under Section 43
of the Terrorism Act - for simply filming. Filming is not, by itself, "reasonable grounds" to suspect that an offence will be committed.
Those are unlawful arrests and the savvy ones sue and get compensated
ITS NOT ABOUT SAVVY!, it’s about who has money to sue! Aka not me and they knew that the dirty pigs.
Wednesbury test ... brilliant ! That has so many ramifications... that 1948 Wednesbury and 1996 O'HAra cases can be an eye opener in terms of "reasonable" ... did the officer take into account all of the excuses? Did he dismiss any of it and why ? Did he mention that he omitted a statement from the defendant? If yes, then why ? ... useful cross questions that shine a light on the officers judgement at the time ... Great stuff ! Bravo
Informative. Shame that it would be lost on the majority of ignorant abuse of power PUBLIC EMPLOYEES types.
Great information and well presented as always. I have a question - what if the police officer truly believes your activities to be an offence but, those activities are not an offence in any way, however you are arrested (or detained for a search) by the officer. How is this addressed by the courts?
The honest belief by the arresting officer that there are reasonable grounds for an arrest usually is enough for the arrest to be lawful and the threshold for his/her reasonable belief is low or there would not be any lawful arrests, but that being said the 'reasonable grounds' also have to pass the objective test in that it needs to be based on what others would deem as reasonable grounds. If what was done wa later not prove d to be an offence but the officer had reasonable belief that an offence had been committed or was about to be, then the arrest can be lawful. The person arrested may not have given his name or address and the arrest is lawful for the purpose of identifying him/her or there may be some evidence that needs further investigation ie questioning under caution. Once it is clear there are insufficient grounds for detention the person has to be released or it would then be an unlawful arrest/detention, The circumstances do dictate. If, a murder took place and there were 4 suspects of whom only one could have done it, then an arrest of all four at the scene would not be unlawful until it was clear that there was no reasonable grounds for suspicion upon the three that did not do it or were not complicit in the conspiracy to commit murder or any other crime.
They have far too much power and they constantly abuse it.
Why do you think they have too much power when there's so much legal framework to protect people? Do you really think having a power to arrest somebody that is committing/about to commit or has committed an offence too much? You hope very offender will turn up at a police station to confess.
@@wingtyun I obviously disagree otherwise I would not have posted what I did.
@@SSRT_JubyDuby8742 Just checking your mental state that's all. Thanks for confirming. Police having the power to arrest someone they suspect of committing an offence is too much power. 🤡
@@wingtyun 🥾😛
Very informative video with an excellent explanation of the legislation thank you.
What would be the situation after being arrested, mandandled, imprisoned for 24hrs then when in court, the charge is thrown out?
Thank you for the information about having to give the 'Legal and factual' bases for the arrest.
I was arrested and held for 46 hours before appearing in front of a magistrate who sent me to prison on remand. You said 24 hours which can be extended to 36, longer for terrorism or murder neither of which I was accused of. Which other crimes can result in longer then 36 hours in police custody please?
Well done. This is one of your best vids.
Glad you liked it!
Thanks for publishing this info - I think that once people have more information about what constitutes a lawful arrests and procedure, there will be oh soooo many civil claims against them. I wish I'd known before what I know now - but as a decent and law abiding citizen, one neither knows or has any experience of these things until one day some arse starts making allegations... usually it seems, bitter women, with whom the police and courts side beyond all reason or proportion - indeed even when the police themselves see them lying they won't look into or question the accuser, and further - when one can absolutely prove the most blatant and deliberate perjury by them, even thefts, assaults, blackmail, criminal damage etc, by a woman, they refuse even to issue a report number, yet will arrest a man out of sheer convenience. This is the reality of English police -as biggoted and unprofessional as you like, almost determined to wreck the justice system.
Very interesting, many thanks
I was held for 3 hours for publishing a news story in a local paper, I attended voluntary by police car as told if I didn't I'd be arrested, I was told I'm free to leave at any time but if I do I will be arrested, I was never charged and years later have never been told the case is nfa
That is assisting with an investigation and you were there voluntarily according to PACE S29
A little bit of knowledge can go a long way has the saying goes.. Thank you ;-)
i:a man or woman have rights.
What more is needed to say ?
I was detained for 24hrs & given 1 time meal in 24 hrs even when I told them I haven’t eaten food
I was told that I was not being arrested, they only wished to talk to me. However I would only be allowed to leave on the agreement that I when to my daughter's house, and if I continued to refuse I may well end up being arrested! when I tried to make a complaint later there was no records of me being stopped and the officers concerned said it wasn't them that stopped me!
That's the game
Yeah they do what they like they are bullies
Can a person use reasonable force against a police officer who is conducting an unlawful arrest?
And is it risky (in law) to do so?
I have twice.very risky but can be done.you HAVE to be in the right though otherwise its added charges on top of the fake arrest lol.👍
@@leecrowdy5218 certainly risk!
This should help It's a brilliant break down of a remarkably complex issue. czcams.com/video/DOCjID0S8Zk/video.html
with the trauma of being arrested do you really think the person has the ability to take notes of the time and other detail needed for their defence, I don't think so and what if they have memory issues, do you think the police will keep notes for them, I don't think so
Heather Baker
You should be able to get a copy of your custody record with arrest time on it, and also you could apply for body cam footage of your arrest,,,,, if it hasn't been accidentally deleted somehow.
Thanks Daniel, very informative. Could you please explain the difference between "Being detained" and "arrest"?
You can be arrested without being detained as in a street arrest where you give your details and the officer is satisfied that you would turn up at a station for further enquiry. So you have been arrested and very briefly detained, but you cannot be detained without being arrested. `if you are stopped and searched without arrest there has to be reasonable suspicion that you need searching and if you refused you can be arrested but by complying you are not detained but helping police with their enquiries. if you refuse to help and there are reasonable grounds to search you, you will be arrested and detained. If you are detained and prevented from leaving, but not arrested this is an unlawful detention. so you can be arrested without detention but not detained without arrest.
"Reasonable ground to suspect", this is the wording that a lot of police officers find hard to understand. This is why pace is abused so often by the police. It's a shame as they give the good officers a bad reputation.
CORRUPT POLICE AND COURTS: I stated clearly, repeatedly in a Family Court in England (Eastbourne) my wish to represent myself to be shouted down by the Judge who said repeatedly, louder each time "Mr XXXX I SUGGEST you get a lawyer". I believe this is unlawful - isn't it? But then the Judge was so hopeless that he put a woman and child in danger and issued a court order banning me from the entire town where the hearing was - ergo by attending civil court I was committing a criminal offence. At no point whatsoever was I allowed to speak or make representation in Court, because I physically couldn't get a solicitor at all at first, then was told by two firms they could and would represent me who then they backed down at the last minute (as they didn't know Legal Aid rules), and I had to accept a firm who turned out to be so bad that they gave me totally, blatantly wrong legal advice which made me look a fool in front of an already biased judge: Then the same firm couldn't tell me if I had representation or not in Court at the last minute for a hearing, due to some to-ing and fro-ing with Legal Aid paperwork. This is only the tip of the iceberg of provable ineptitude, deliberate corruption, even loss of paperwork by the Courts, CACFAS, Social Services - who destroyed crucial evidence by stunning stupidity (and their blatantly refusing to examine other proof that my accuser was 'lying her tits off'). My ex was blatantly manipulating the Courts and a Non Molestation order (coming round to see me daily, bringing our infant son as long as I promised to f...k her), even leaving our son with me for one weekend, though the Non Mol order stated that I was so violent that if I saw her I would "hospitalise her or worse, and/or snatch our son". I have loads of witnesses, photos, recordings, printouts of SMS messages, you name it, but the police refuse to look into it, even though she committed crimes from blackmail to repeated assaults to criminal damage to perjury (constant, blatant, provable!). An MP kind enough to help me was blatantly lied to in The House of Commons. The Legal Department of the Chancellor of the Exchequer's Office committed very serious breaches under the Data Protection Act. The solicitor firm who gave me the wrong advice tried to blackmail me and made sure I cannot speak with/contact the solicitor who gave it (who left the firm), and honestly there is far far more... yet EVERY attempt at complaint has been stonewalled. The UK courts are in total disarray, I have never seen such ineptitude in any other service worldwide. In terms of representing oneself, the Fathers for Justice organisation recommend this as it keeps greedy, inept and half interested lawyers at bay. But much use is their advice and their publication on how to go about representing oneself if one is anyway disallowed. My childrens' lives have been totally destroyed, they are now psychological wrecks, as they saw all this happening - her coming round daily and my fear of arrest, even the police seeing her lying to them, to their faces - two female officers were shaking with anger (and one weeping as she walked away) at the child abuse that went on right in front of them, and these two helped me as best they could at the time, but as an organisation the police refused to help officially, despite the wasting of police time and lying to them, this having been seen by them directly and repeatedly. In fact, on one occasion they arrested me for peacefully and lawfully trying to obtain the evidence of an important witness (I had my own witness with me) and the police would not release a copy of her (my exs) statement to them which was absolute and irrefutable proof that she was lying both to them and to the Court about the most serious of allegations. The UK does not have a functioning family court system and the police function on pure, unmitigated sexism against men (this was Sussex Police whos information centre at Lewes didn't know who their Chief Constable was (I kid you not!)). Name and shame Judge Robinson sitting at Eastbourne, for total ineptitude, preventing me from representing myself and stopping all attempts at providing evidence (rather, total proof of persistent lies by my accuser), and for putting a woman and children in danger, and Helen Ingledew of Brighton and Eastbourne Social Services for destroying crucial evidence (through stupidity), manipulating the courts (which she has been in other cases proven to have been doing by Judicial Enquiry), assault on a 3.5yr old child and falsifying a court report. Just how low can these people stoop? There were ten(!) hearings I was never informed of, which I found out about only years later. My oldest children have now grown and left home, so I will name and shame all these scum who destroy our justice system and society, and move to Russia if I have to... the name of the woman, my ex, who brought all this about is Caroline Heather White who lives in Sussex (Broadbridge Heath area) with her lying partner Roshan Jayasingh Dias - who after signing documents to get the non molestation order to keep me from seeing my son was even driving her to see me during the non molestation order period. All this because I left her after I found out she had been having an affair with one Anthony Caruana (son of the Governor of Gibraltar so she told me - I spoke to him, he has admitted it) - she was sleeping with him even when she was pregnant with our son - all her mudslinging was to keep eyes off herself.
i need a no whim no fee solicitor to prove only asking for a name is insufficient to arrest someone , especially after a false alert to police
Is it ok for police to charge you if you apply no comment ? And with one word against the other. ?Thanks
Too many variables there. Depends on the charge, some charging decisions are made by CPS, but fewer still by police.
A no comment makes no difference to a charging decision either way and you say
it is one word against another but do you know that?
I think in this type of situation a no comment interview could make it more likely you'd be charged. The reason being is, firstly you say it's one word against the other, however let's assume the 'other' has given a witness statement, and you do a no comment interview. Even if you'd told the police your account before arrest, the situation is not one word against the other, it's one word against none. A witness statement without any further evidence may be enough to charge (it's upto the courts to decide if you're guilty or not). If you gave an interview and could reasonably show the allegations are incorrect that could sway the decision not to charge.
Would Googling a term related to something illegal, in and of itself, provide "reasonable grounds"?
As soon as the word reasonable enters the dialogue you might as turn this video off. Do you want to hear several examples of my own as to why this is true, probably not, so I won't bother. If this barrister lived in the real world his advice would simple be avoid the police under all circumstances if possible. Don't trust them under any circumstances. If you are arrested say absolutely nothing to them in all circumstances, and if you ask for a lawyer make sure it is one and not a paralegal..
What is reasonable comes down to a jury, correct?
@Andy Blue That js a sweeping statement considering you know nothing about me. I've never been in a court of law, but have had experience of the police in everyday life, ie in circumstances where I would expect them to do their job in the interest of my family and myself. They seem quite plainly incapable of doing that, but lying when things go wrong they seem to be good at.
@Andy Blue If I have experienced the majority of a watch of officers lying, and an inspector of police telling me and my wife "THEY WILL JUST LYE".. I or anyone else would be a fool to assume any office will tell the truth. I have even heard retired office on radio 4 express the same opinion. Note I said retired, they dare not express that opinion while serving, that in itself says a good deal about the police in this country..I did not say every officer is a liar, just that you have to assume he is.. Try reading the text you moron..
@Andy Blue It might have escaped you notice but there are numerous police forces in this country hence the plural.. It's police officer. Police officers... singular and plural..But if you wish to keep going into the semantics carry on but it still doesn't alter the fact that the police are less trusted now than they have ever been..officer..
So, if the first test is not fulfilled, that a suspect reasonably and without doubt proves that they have not committed a crime yet is arrested anyway, would that not fall into a further scope of malfeasance whilst in public office? Also where does a writ of habeas corpus come into the frame? I am very rusty from my time in my youth when I worked for the Law Society as my job there was a costs assessor and approver at Area 14 Legal Aid and I had to go into some depth and malfeasance and habeas corpus sticks in my mind.
Sadly I do despair when you mention complaints and stuff like that as the complaints process, the IOPC is just frankly not fit for purpose and are seen by most as gatekeepers to protect rogue old bill.
Have you done anything on enforcement agents/bailiffs?
So to can a member of the public can arrest a police officer if he commits a crime or a fence
Always seems that the burden of proof falls to the arrested person to either prove that the police have the wrong person or have made a mistake rather than the police acknowledging their error without prompting.
If someone was arrested for possession of cannabis but was in fact in lawful possession of that cannabis, would this constitute an unlawful arrest? Also, would it be incumbent of the person to help the officers in their investigation by explaining their legality, or could they just remain quiet? Would their silence impact the lawfulness of the arrest or not?
I searched your channel but could not see anything around medicinal cannabis, my apologies if I missed it but I would love to see something around this. There are many aspects including the legality at venues, both private and public, when driving, and when travelling in general.
I really enjoy your videos, thanks for posting them.
I think its a great question. I have faced a similar issue, in Spain where it is supposed to be legal to possess and grow six plants. They made an exception for me.
@@paulcollyer801 Medicinal cannabis has been available on private prescription in the UK since 2018. It's not well known or widely publicised and members of the public can certainly be forgiven for not understanding the current laws around cannabis, however the police should know that it is no longer a slam dunk if someone is caught in possession. Currently patients are advised to let venues know in advance, I also know of patients informing DVLA, upon advice that I believe was wrongly given.
The issue I have is that I'm just a layman and not an open and informative barrister. This is why I'd love to see a video around this 😀
@Andy Blue Not true Andy. Sure it's a class B drug if possessed illegally but there are legal avenues to obtain it via prescription in the UK. Codeine is also a class B drug UNLESS you have a legal prescription, cannabis is no different.
@@Domingos1878 it is only cannabis based medicines issued on prescription that is legal to posess.
Bear in mind that you can be charged with driving whilst under the influence of drink/drugs even if you have over medicated on a prescription drug and if caught driving with cannabis in your system it is an automatic offence.
@@24694104 & @Andy Blue Guys, you are factually wrong, cannabis flower has been, and still is, available on private prescription in the UK since 2018. But look at us here in discussion, it perfectly illustrates why it would be a great topic for Daniel @BlackBeltBarrister to cover. There are caveats to obtaining cannabis on prescription, you have to have a qualifying condition, these are many, varied and increasing in number. You also have to vape it as prescribed by your Dr, smoking it means you are not using your prescription as prescribed and could/would (Daniel, help!! 😀) render your meds illegal. Once prescribed, your meds could cost as little as five pound per gram. Google will help with confirmation of what I am saying.
Thanx daniel, more excellent content. On a statement , does writing Vc. before a signature mean that the statement is inadmissible as it was given under duress??
Hello Sir, many thanks for your time, it is very good of you to share your vast knowledge, I would love to see you in action, I bet you are formidable, respect.
Looking at this I was almost certainly wrongfully arrested and detained. Unfortunately by the time I felt I had the mental fortitude to make a complaint over two years had passed. Given circumstances at the time, I've always suspected the copper involved was actually in collusion with a crooked business partner I had the misfortune to have. Nowt to be done now, but it has had a continuing impact on my MH, and of course my trust of the police. (My only previous interactions being asking for directions or saying good morning)
Sorry to hear of the bad experience, I've just had one myself... As I understand you have 6 years to follow up your complaint is you wish to take the issue to court
I mentioned this on one of your other videos, but what about a reaction video on what is happening to Alex Belfield? Of course completely understand if you don’t want to comment
In my opinion he's paid opposition. I don't believe the MSM reporting and think he is averting attention, making the public think something must be done; and after endless appeals, everyone will forget the whole affair. I hope he is genuine and that I am wrong. Please delete if this is not appropriate discussion in an ongoing case. Thanks.
WOW. I just noticed you in 4K! The first time I ever saw 4K. It looks amazing.
@@Arcticnick there is always more than one side to any debate. Your completely entitled to your opinion, and I will fight tooth and nail for your right to express your opinion, even if I completely disagree.
@@willmagicman1289 yes he is a huge loud mouth. But what I am interested in is the police removing their numbers and cameras, and not having warrants.
Question. Why is the declaration at the top of an MG11 Witness Statement a waste of time. A woman told a number of provable lies in a signed MG11 Witness Statement. This MG11 statement was later presented to a magistrate's court during a trial. It was even shown in court during cross-examination that this woman had committed perjury in her MG11 statement, and while giving evidence under oath. Yet, the police and the courts are not willing to pursue this woman for her crime of perjury and attempting to pervert the course of justice. As is warned about at the top of an MG11 Witness Statement. "This statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true"
Watching this before starting reading if BCP preliminaries to prosecution sir
It'd be nice if you gave a few examples.
Thank you.
A simple question really but based on this video but I wondered if an mere allegation of an offence is arrestable?
Deleted compliment comment because Daniel failed to contact me after suggesting he would like to speak to me about my 17 days hunger striker, called his office and nobody got back. Unsubscribed too. I vote with my feet.
So if it was wildly unreasonable for a police officer to believe that a person was involved in a crime, then a detention could be unlawful, even if that person was later found go have been guilty?
Seems odd at first, but then it makes sense; luck shouldn't be involved.
Fascinating! Question: if the police arrest someone during a civil dispute such as a disagreement with a bailiff, is this unlawful because the police may be acting for the bailiffs even when there is no breach of the peace ?
they can arrest to prevent a breach of the peace so if they suspect that a breach of the peace may occur you can be arrested. However, when it's clear the breach will not occur you should be released immediately without further action. This may be as simple as dropping you off at a family members house to cool down
It would be very helpful to have a rundown of my rights if BBC TV licencing get a court warrant to search my house. To check my TV's they would have to turn them in. Do I get compensation for the electricity used? I also do film editing. Messing about with my computers and suite could cause damage. It's also distressing to have a thug-goon force their way into my property. Do I get any comeback? Their only argument for obtaining a warrant it that I won't talk to them or let them in after previous harassment from them two years ago that I reported to the police. I ask this because they are now known to allege obstruction from the household where they find out that they're playing straight and don't receive TV. Also, can they take my equipment away to mess with it? Thanks for any help.
Wanna hang out in Spain?
Are you ´The´Rob Burrows?
he's posted a couple of videos on this topic watch them to see if that answers your questions. Ultimately don't give any details to anyone knocking on your door or confirm any details then they will never be able to get a search warrant. also don't deny rights of access (this used to be an old method but plays into their hands) record them with your phone. ask for ID then close the door. they need to get evidence you are watching live tv. you say nothing they have no proof, don't confirm your details or even your address who are they going to issue a search warrant against.
At 6:25 you mention a video in the description about a persons rights during an arrest but there is no link that I can see. Can you fix it please?
czcams.com/users/shortsM5Ki9jdwwzE?feature=share
czcams.com/video/A3iSbN4nqag/video.html
Hi have you got an email address so i can ask you a questen about this
Dear Sir, my Brother and I where arrested approx 20 yrs ago for alleged assault of a taxi driver. The case was eventually dropped at a pre hearing because 15 police witnesses failed to avail themselves. On the night of the incident and arrest the duty solicitor read back to the police the description of the offenders which described individuals wearing tracksuits beating a taxi driver, punching him and his vehicle and smashing it up by hand. My brother and I were dressed in trousers and shirts and had no cuts, abrasions or marks to our hands etc. However we were charged with Gbh which was dropped to botp then thrown out. Should, and can I take action?
Too long ago if its past 6 years
Can we have a link to part 2 please?
Hi a question? A person is acussed of abuse 30 years ago arrested investigation and evidence results in NFA.
Would it be ilegal to report the same allegations 2021 as new historical crimes?
My limited understanding is a review of original investigations is legal route ?
A new investigation can not be based on crimes already investigated at the time in history ?
A investigation is in it's very nature a fishing expedition and extremely traumatizing, fishing expedition are not permitted ?
A review of original investigations and NFA must be requested and upon review being request conducted only then if errors found new investigation can opened.
Has my friend been false arrested? And victim of obstruction of justice served in original investigations?
My friend advised immediately upon engagement road side arresting officers allegations reported 2021 are false and investigated at the time in history..
The only evidence to come to light is allegations was reported at the time in history..
How do police cpn ignore the fact arrest 2021 based on ilegal reporting of historical allegations 2021 instead of requesting a review of original investigations ?
"Obstruction of the Highway" rings vary obvious bells, so why don't the Police make arrests when idiots sit down in the middle of the darned carriageway and superglue their arses to the tarmac - causing damage to said tarmac (their arses can go hang!!).
That something for you to find out
A little question; if one IS arrested/detained unlawfully/wrongly and charges are pressed against the police, is it against the police force or the officer(s) involved? A very informative video (as usual).
I would say as a former police officer the charges would be at the officer concerned. The powers of arrest are vested in individual police officers, no officer can be ordered to arrest someone (unless the arrest is under warrant)and it is for individual officers to justify their actions.
Officers who for example use unreasonable force during the conduct of an arrest, can and frequently are charged with assault.
@@jamieeames8934 Thanks. I have no situation about this but I was just curious.
@@daze1945 no worries. Just to add, the criteria for arrest under s24 PACE; do not apply to officers executing Warrants of Arrest, which is effectively an order to all police officers to arrest a named person; and the warrant is itself sufficient justification in these circumstances.
@@jamieeames8934 Hello Jamie, what would happen to evidence that was gained after an arrest/seizure was deemed unlawful?
@@NemesisFromResidentEvilI couldn’t say it never happened to me. However, an arrest being deemed unlawful is a VERY HIGH bar to meet. It’s a power given to individual officers and they only have to be convinced that there’s reasonable grounds to suspect you’ve committed a crime, are in the process of committing a crime, or just about to commit a crime AND a belief your arrest is necessary to: stop you committing the crime, stop you or someone else coming to harm, to stop a prosecution being hindered by you absconding, your refusal to provide your name and address and/or your name and address can’t be verified, to stop you from obstructing the highway, to stop evidence being lost and/or destroyed, to carry out and prompt and effective investigation, to protect a vulnerable person, and you prevent an offence against public decency.
There’s a lot of scope.
Very interesting. Is it true they cannot force entry onto a property in order to perform an arrest for a summary offense?
They can as an inspector can authorise a S17 search to arrest you at a location a constable may enter and search any premises for the purpose-
(c)of arresting a person for an offence under- some summary offences like s4 of public order act
@@evidence5768 Thanks for the reply! I've just looked the law up and it is actually more limiting than I initially believed. I am aware of a man being arrested at his home address for what was claimed to be a public order offence (language expressed in public and which was likely to upset someone). The police forced entry and I was told that this was _not_ lawful as it was in relation to a summary offence, but obviously there are some specific summary offences which are excepted from this general rule.
What is the position if police trys to arrest you when they dont have their ID numbers on their collar?
Warrant card
@@BlackBeltBarrister what if they dont show cards but are in uniform but no shoulder numbers?
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you have also protection against the fear of harassment and/or malicious arrest, Human Rights Act
I would suggest you look up human rights acts!
How do you protect from the fear of harassment? Surely that's subjective.
arrest for a civil matter? excuse me, hello
The police I have met over the course of three or four decades don’t know any laws and states many times they can do what they like no one will stop them r discipline them
As a hypothetical does the offence itself have any bearing on the circumstances under which an arrest is necessary.
For example in the case of murder, and working the code g criteria, provided the suspect appears to be cooperative.
I - Investigation (to allow prompt and effective of the offence/conduct of the person)
The police want to conduct an interview but have not first offered a voluntary interview, asked for consensual DNA and other body samples and a consensual property search, which would make the investigation prompt and effective, without arresting them.
D - Disappearance (prevent hindrance of prosecution by disappearance of suspect)
Suspect is of limited means and does not own a passport and otherwise does not appear to be a flight risk.
C - Child (Protect child/vulnerable other)
No children involved or other vulnerable person.
O - Obstruction of highway (prevent)
NA
P - Physical injury (prevent)
NA
P - Public decency (prevent commission of offence against)
NA
L - Loss/damage to property (prevent)
Suspect is willing to consent to a property search.
A - Address (of suspect not known/doubted)
Address of suspect is known.
N - Name (of suspect not known/doubted)
Name of suspect is known.
Under these circumstances the suspect could voluntarily consent to all of the things which would allow the conduct of a prompt and effective investigation, and does not otherwise present a concern with respect to the other code g elements.
Of course if the suspect said no to anything, then that would immediately give rise to a necessary arrest for prompt and effective investigation; but if the police have not asked for that consent how can they reasonably know it would not be given.
Would arrest be lawful in these circumstances?
The offence doesn't matter and it applies to any offence. It does simply come down to grounds and necessity. For murder I'm sure it will always result in arrest. As it is more likely than not they would be remanded before trial. So with the examples you gave an arrest would be made and be lawful. Murder inquiries can be complex and places and vehicles need to be searched outside from which the offender can give consent. There's also the issue of tampering/destroying evidence if free. As much as they appear to cooperating, with an offence so serious it is not unreasonable to think that they are not fully cooperating. To obtain warrants and authorities the person sometimes needs to be under arrest. It would be a very brave or stupid police officer or police force not to arrest for murder, should the offender flee, murder again or commit suicide.
@@wingtyun I hear you. But authorities and warrants aren’t necessary if the subject is consenting.
And the issue of drift from the suspects home to somewhere the suspect does not control, wouldn’t be covered under pace search powers which only includes they place the suspect was arrested, and placed controlled by the suspect.
It wouldn’t cover their place of work for example, unless they owned the business or were the site manager.
@@wingtyun and obviously the freedom issue falls away because if having said no to a voluntary interview, searches or samples; that could then immediately activate to the necessity criteria
@@jamieeames8934 Yeah, you make some good points, but if you're suspected of murder or you report you've committed a murder - you're getting arrested. Saying you consent to searches and you'll come in for a voluntary interview on Tuesday isn't going to cut it. I don't think an arrest for murder is never going to be unlawful if the grounds are there. For case such as murder the police would not want any ambiguity with their powers and any admissible / inadmissible evidence debate to anything when consent was withdrawn. The police would want to know where they stand from the onset.
@@wingtyun what if you’re willing to volunteer, now
"Press charges" ? Could you perhaps go into this a bit more some time? I'd always assumed this was some weird american perversion. My recollection from school civics lessons, possibly erroneous, was that criminal behaviour was an offence against the Queen's peace. What an individual subject, such as the victim, thinks, was not the deciding factor for police or courts. Perhaps PACE, or some other development, has changed that? Or perhaps this applied only to a subset of laws, considered to be breaches of The Peace?
I guess this worked both ways. If a victim wanted "charges pressed", but witnesses were unwilling or unable to provide sufficient evidence, the CPS could decide not to prosecute charges - on grounds that it was not in the public interest (the Queen's interest?) to take a case to trial when there is no likelihood of conviction.
have give your details
I get that barristers and solicitors are trying to make a living, and drum up as much business as they can. However the way your line of work portrays itself in regards to the Police is concerning. Police work for victims of crime which a lot of the time an awful crime has been committed against a person by another person. I feel you need to explain in more detail that there are victims in each of these cases and not try to make out that the criminal is the good guy.
Although police don't decide who Criminals are yes?
Ian gould 👍
Hi, I just saw this video regarding false arrest. Will you be able to help me or recommend a solicitor/lawyer/barrister in the Nottingham area which will be able to help.
UK law is different that US law.
absolutely!
your videos should be compulsory at all schools the police are always abusing the rights of kids. What powers do PCSO's have to stop and search and use the threat of arrest if children (as well as adults) don't give their details (I assume none) seen this happen and stepped in to state they had no powers and to get PC's on site as the pcso's didn't even accuse them of a crime they just didn't want them in the town centre. Neither had body warn cameras running and grabbed one of the kids by the wrist when (neither where trying to make off) i approached and said that is assault on a minor, both walked off and refused to give any ID and tried to cover up their ID
Your very professional, pity you don’t do something about the situation this country is in , I find it unbelievable that you cannot connect the dots….some prefer not to stand up for what is right because of position
Which is?!
You Sir are a Barrister of the people. Unless of course your being a barrister of the Crown.
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