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The mkiv Supra Owners Club

A question to our police members


dude

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Ye you can mate, it would be the same as citizen arresting any employee of the crown which is allowed...

 

So if you tell him he is being arrested and he resisits can you us ethe old 'mahogony asprin' to subdue him:eyebrows:

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So if you tell him he is being arrested and he resisits can you us ethe old 'mahogony asprin' to subdue him:eyebrows:

 

Ooo tricky ground, off duty with the officer not saying he is old bill and to prevent immediate harm to others or seroius irreperable damage to property, then yes. Otherwise smack him/her hard enough to black them out and run, having made sure you weren't wearing your AFR dude shirt...

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Well anyway thats answered the question and ive looked it up and it is ok to use reasonable force according to the situation, somehow no matter what a copper was doing I think you would come off worse in court !!!!!.

 

So heres another one, watching a cops programme on TV about drugs washed up on a remote beach, what if you found a bail of drugs on a remote beach, you have no phone so you put it in your boot and get pulled on your way to town (where you may well live) you are asked if there is anything in the car and you reply 'yes! a kin great parcel of drugs I just found, I was on my way to hand em in' where would you stand??? I know I know in my case prob the dock but you get the drift.

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Well anyway thats answered the question and ive looked it up and it is ok to use reasonable force according to the situation, somehow no matter what a copper was doing I think you would come off worse in court !!!!!.

 

So heres another one, watching a cops programme on TV about drugs washed up on a remote beach, what if you found a bail of drugs on a remote beach, you have no phone so you put it in your boot and get pulled on your way to town (where you may well live) you are asked if there is anything in the car and you reply 'yes! a kin great parcel of drugs I just found, I was on my way to hand em in' where would you stand??? I know I know in my case prob the dock but you get the drift.

 

John,

 

With any law there are stated cases and defences. With regards to possession they fall under section 5(4) misuse of drugs act 1971.

 

It is a defence to a charge of possession to prove that, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of;

 

A. Preventing another from committing or continuing to commit a drug offence or

B. Delivering it into the custody of a person lawfully entitled to take it.

 

and that as soon as possible after taking possession he took all reasonable steps to have the drug lawfully disposed of.

 

Basically no delay you have to take it to the police. It is for YOU to prove this in court, not the prosecution.

 

With regards to your citizen arrest question, anybody can be arrested under citizen arrest as long as the offence is indictable.

 

Section 24a PACE 1984 and amended by section 110 of the Serious Organised Crime and Police Act 2005 (SOCPA)

 

1. A person other than a constable may arrest without warrant:

A). Anyone who is in the act of committing an indictable offence;

B). Anyone whom he has REASONABLE GROUNDS for suspecting to be committing an indictable offence.

 

2. Where an indictable offence has been committed, a person other than a constable may arrest without warrant:

A). Anyone who is guilty of the offence;

B). Anyone whom he has reasonable grounds for suspecting to be guilty if it.

 

Grounds for exercising the powers

 

The power of arrest are only exercisable if:

A). The person making the arrest has reasonable grounds for believing that it is necessary to arrest the person in question for any of the following reasons:

i). Causing physical injury to himself or any other person;

ii). Suffering physical injury

iii). Causing loss of or damage to property; or

iv). Making off before a constable can assume responsibility for him; and

 

B). It appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.

 

The key with all this is the INDICTABLE offence, not summary. If you get it wrong you arrest is unlawful and all force used wouldbe too, which means you would be subject to arrest and prosecution too.

 

Basically no traffic offences, low level public order offences or minor assaults. Theft, burglary, criminal damage and assaults of ABH and above would be applicable.

 

You can arrest a police officer if he falls within the above.

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Further to the drugs in boot question, if it were a marked car behind you and you noticed it prior to them pulling you for whatever reason, I would suggest you wave to the coppers and pull over to give them the drugs, rather than risk them searching you on a stop.

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I'm curious about the reason for these questions, but ignoring that... :)

 

Regarding the drugs bale question, I would imagine if the evidence supported your story about having just pulled it off the beach, then you'd be OK. For instance, has it very recently been in the sea?

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What is the procedure for performing a citizens arrest? Do you have to say things in a particular way? What happens if the person just laughs at you and runs off?

 

If they run off, you don't perform a citzens arrest...!!

 

Citizens arrest is certainly one way to get yourself either prosecuted by the Police or kicked to death by someone who doesn't want the be arrested. I did it once with two lads who were breaking into a car, luckily I was 6" taller, 2 stone heavier than both of them and wearing big fook off steel toe capped boots. I was in a really bad mood at the time so I let fly at a couple of scumbags.

 

Dragged them all the way to the Police station over a mile away and got no thanks from the copper on the desk, I was never called to be a witness so I must assume that the Police let them off in the end...!!

 

Never again.

 

H.

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Regarding the drugs bale question, I would imagine if the evidence supported your story about having just pulled it off the beach, then you'd be OK. For instance, has it very recently been in the sea?

 

I think you're asking for trouble picking it up anyway.

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I think you're asking for trouble picking it up anyway.

 

Possibly. The most sensible thing to do would be to phone Plod and let them pick it up from the beach. With any luck they'll get there before any local wannabe dealers. If you drive around with several kilos of class A in your boot, you'd best have a reasonable explanation. :)

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