WykeTyke

Wrongful Arrest, False imprisonment & malicious prosecution

20 posts in this topic

Providing Name & Address

If a Police Officer asks you to provide your name, address, DOB and most other personal identifying details, You are entitled to refuse to provide them unless you are arrested or driving a motor vehicle. Under no circumstances provide false details, that is an arrestable offence; refusal in not grounds for arrest.

A Police Officer can ask you to 'account for yourself'. If you are a working girl or punter in a brothel you are not doing anything illegal. Therefore Keep it simple, tell them you are not doing anything illegal.

The officer will ask you for your name, address and date of birth. You do not have to give these unless you are being arrested or reported for an offence.

Association of Police Authorities - Know your rights leaflet.
The police can stop anyone in a public place and ask you to account for yourself. For example, you could be asked to account for your actions, behaviour, presence in an area or possession of anything. When the police stop you and ask you for an explanation, you don't need to provide your personal details.
CAB Police Powers guide.

I'm wondering if we should produce something like this Bust Card for photographers.

Share this post


Link to post
Share on other sites

As a (retired, but still a) solicitor may I respectfully comment:

All of these references are very valuable!

To the "Chosing a good solicitor" card I'd add something, which I think the anarchists have missed!

Your family solicitor ought to do you well for wills, conveyances, insurance, minor motoring mitigations and so on and so forth. If he knows you well (but please God is emphatically NOT your golfing partner, friend or your son's GodFather) he can give you a good joined up service. When, however disaster strikes he probably is not the best person for the job. If your wife is divorcing you, he will probably have some sympathy for her! If you are bloody daft enough to go into a back street knocking shop and screw a sad Roumanian gypsey girl who was told she could earn $500 a week as a waitress, then you need a bastard to defend you. You shouldn't know that sort of person, but your family solicitor should be able to find one for you.

The major problem that I've encountered with clients (my clients were the salt of the earth, you'll understand) is a curiously naive view that if you done it, then you ought to own up to it like a man, and take your medicine!

Be very clear! Very clear indeed!

Justice is a game, rather unlike cricket, rugger or the other variety of football (sorry Helen, don't hold it against me) with the round ball, because the rules rather curiously dont apply in the same way to both sides. Although I'm not an OE, I rather think that the Eton "Wall Game" is similar to justice UK style.

There is nothing wrong with gamesmanship. Bribing, or, indeed killing witnesses is not on, but a great deal that f***ing civvies would think to be "not on" is well within the rules. You, the punter, win if you are not convicted. This might be because the jury finds you not guilty. It might be because the Judge has a heart attack half way through trial, and you are not important enough for CPS to start again from square one! I remember prosecuting a drug dealer. He was a tape worm. At trial all my witnesses got suddenly forgetful. Then I saw why! The accused's blonde wife was out of this tiny world. I had no doubt whatever that she had promised each witness the night of his dreams in return for a foggy memory, and, there being honour among thieves, I'd guess she paid up. Was that "wrong"? To me, as a pro, I'd say it wasn't. So I lost! He won. Oh, shit! I'll win next time, and meanwhile I've my travel claim to fill out.

Never say, when your collar is felt, "It is a fair cop, Guv! I'll come quietely." Say (rather more politely) So you say I done it? So fucking prove it!"

Share this post


Link to post
Share on other sites
Providing Name & Address

A Police Officer can ask you to 'account for yourself'. If you are a working girl or punter in a brothel you are not doing anything illegal. Therefore Keep it simple, tell them you are not doing anything illegal.

They can ask (as can a PCSO in uniform) but you are not obliged to answer. Depending on the circumstances, it may be wise to answer. The answer must be honest.

Share this post


Link to post
Share on other sites
As a (retired, but still a) solicitor may I respectfully comment:

All of these references are very valuable!

To the "Chosing a good solicitor" card I'd add something, which I think the anarchists have missed!

Your family solicitor ought to do you well for wills, conveyances, insurance, minor motoring mitigations and so on and so forth. If he knows you well (but please God is emphatically NOT your golfing partner, friend or your son's GodFather) he can give you a good joined up service. When, however disaster strikes he probably is not the best person for the job. If your wife is divorcing you, he will probably have some sympathy for her! If you are bloody daft enough to go into a back street knocking shop and screw a sad Roumanian gypsey girl who was told she could earn $500 a week as a waitress, then you need a bastard to defend you. You shouldn't know that sort of person, but your family solicitor should be able to find one for you.

The major problem that I've encountered with clients (my clients were the salt of the earth, you'll understand) is a curiously naive view that if you done it, then you ought to own up to it like a man, and take your medicine!

Be very clear! Very clear indeed!

Justice is a game, rather unlike cricket, rugger or the other variety of football (sorry Helen, don't hold it against me) with the round ball, because the rules rather curiously dont apply in the same way to both sides. Although I'm not an OE, I rather think that the Eton "Wall Game" is similar to justice UK style.

There is nothing wrong with gamesmanship. Bribing, or, indeed killing witnesses is not on, but a great deal that f***ing civvies would think to be "not on" is well within the rules. You, the punter, win if you are not convicted. This might be because the jury finds you not guilty. It might be because the Judge has a heart attack half way through trial, and you are not important enough for CPS to start again from square one! I remember prosecuting a drug dealer. He was a tape worm. At trial all my witnesses got suddenly forgetful. Then I saw why! The accused's blonde wife was out of this tiny world. I had no doubt whatever that she had promised each witness the night of his dreams in return for a foggy memory, and, there being honour among thieves, I'd guess she paid up. Was that "wrong"? To me, as a pro, I'd say it wasn't. So I lost! He won. Oh, shit! I'll win next time, and meanwhile I've my travel claim to fill out.

Never say, when your collar is felt, "It is a fair cop, Guv! I'll come quietely." Say (rather more politely) So you say I done it? So fucking prove it!"

Spot on ! At the outset, most enter with a very idealistic perspective. However, winning on a technicality is still winning in my book. I have seen examples where, for example, the justification for a delay is stretched simply to allow some other event to take place (and that event will have a bearing on the matter at hand). We are all clear where the burden of proof lies, so make the other side do their job. If they can't ...

The only issue, however, is that even a charge can have implications from a marital perspective ! :cool:

All that said, there are some things I couldn't defend.

Share this post


Link to post
Share on other sites
Spot on ! At the outset, most enter with a very idealistic perspective. However, winning on a technicality is still winning in my book. I have seen examples where, for example, the justification for a delay is stretched simply to allow some other event to take place (and that event will have a bearing on the matter at hand). We are all clear where the burden of proof lies, so make the other side do their job. If they can't ...

The only issue, however, is that even a charge can have implications from a marital perspective ! :cool:

All that said, there are some things I couldn't defend.

I bask in your approval, but I have to baulk at your last line!

I (and you too) have the right to be judged by the court, NOT by my solicitor! I, myself, won't try to list crimes too bad to defend, but I'd draw your attention to the proper conduct of several US Navy JAG officers who were detailed to provide defence to (almost certainly bang to rights bad) guys in Guantanamo, and who did their duty to the embarassment of the Pentagon, and the destruction of their careers.

Share this post


Link to post
Share on other sites
I bask in your approval, but I have to baulk at your last line!

I (and you too) have the right to be judged by the court, NOT by my solicitor! I, myself, won't try to list crimes too bad to defend, but I'd draw your attention to the proper conduct of several US Navy JAG officers who were detailed to provide defence to (almost certainly bang to rights bad) guys in Guantanamo, and who did their duty to the embarassment of the Pentagon, and the destruction of their careers.

Noted and couldn't agree more (esp as to where the principal duty lies). Please resume basking :cool:. This is where I say "take my advice" but confirm that I couldn't be the street-fighter we both recommend and would almost certainly use ourselves. I also have several friends who found they weren't cut out for that kind of work. Funnily enough, the street-fighting is a lot, lot easier in Civil. Perhaps because the focus is £ as opposed to someone's liberty ?

Share this post


Link to post
Share on other sites
Funnily enough, the street-fighting is a lot, lot easier in Civil. Perhaps because the focus is £ as opposed to someone's liberty ?

Yes, now you come to mention it, absolutely right! :cool:

[Years ago I agreed a settlement, very favourable to my client, of a matrimonial matter, with the petitioner's counsel, before I left her bed in the morning. My client, idiot that he was, reneged on the deal. One does ones duty as one has to.]

Share this post


Link to post
Share on other sites
Yes, now you come to mention it, absolutely right! :cool:

[Years ago I agreed a settlement, very favourable to my client, of a matrimonial matter, with the petitioner's counsel, before I left her bed in the morning. My client, idiot that he was, reneged on the deal. One does ones duty as one has to.]

*feigns shock at Counsel's behaviour*

Share this post


Link to post
Share on other sites

I am finding all this legal stuff strangely erotic, carry on chaps. :cool:

Share this post


Link to post
Share on other sites

I was caught up during a raid a few weeks ago (after 1st April) and I was searched, asked for my name, address and DOB. I politely co-operated at all times and even asked if I was being arrested.

I was asked if I had ever been arrested to which I replied no, the cop checked my details on the phone against the PNC, nothing came up, and I was told to disappear from the "brothel".

I was not given any stop and search form or anything, does my experiece sound legitimate?

Share this post


Link to post
Share on other sites

I've just tested the link and it's ok, so perhaps you need to update your version of adobe reader.

Share this post


Link to post
Share on other sites
I cant open this, it keeps telling me I have a problem with adobe, am I being thick or is anyone else having this problem. From the title this is advice I could do with :cool:

Sasha: here is the same pages in the HTML format. However I am doubt you can find anything useful for yourself there, or something you did not knew before already.

Share this post


Link to post
Share on other sites
I am finding all this legal stuff strangely erotic, carry on chaps. :cool:

There must be something wrong with your keyboard ... did you mean strangely off-topic ? :D Or you're only saying that because I nominated you for post of the week on the Nick Griffin thread :mad:

Share this post


Link to post
Share on other sites

Haha that card reminds me of my misspent youth - I had a few run-ins with the police, and they were always trying to trick you into admitting things. Luckily I was brighter than them (the average beat bobby only has to be smarter than the average criminal, i.e. not very. ) and managed to actually avoid getting arrested.

I found a polite smile and "I have no idea what you're talking about, officer" did the trick. If you acted stupid, they generally thought they had the edge, and didn't push you as hard.

Share this post


Link to post
Share on other sites
Providing Name & Address

If a Police Officer asks you to provide your name, address, DOB and most other personal identifying details, You are entitled to refuse to provide them unless you are arrested or driving a motor vehicle. Under no circumstances provide false details, that is an arrestable offence; refusal in not grounds for arrest.

A Police Officer can ask you to 'account for yourself'. If you are a working girl or punter in a brothel you are not doing anything illegal. Therefore Keep it simple, tell them you are not doing anything illegal.

Association of Police Authorities - Know your rights leaflet.

CAB Police Powers guide.

I'm wondering if we should produce something like this Bust Card for photographers.

Thanks for the links Wyke, these would be handy to have on a sticky along with other factual information in my view.:cool:

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now