Rearrest?

[NotSoHappy]

Something has been puzzling me a little. I was arrested on suspicion of one offence, then weeks later brought in for further queationing on a different (less serious) offence. The allegation on my bail sheet has changed, but at the time the dc said "there's no need to rearrest you we are carrying on with the same custody record". Why would/wouldn't someone need to be rearrested?

[Casehardened]

Hi,

Being on bail means that you are still in police custody, albeit without actually being locked up!

Therefore being required to attend for further questioning is similar to having been brought from the cells to the interview room (i.e. no need for a re-arrest because you're still under arrest)

[NotSoHappy]

As "new evidence" had come to light shouldn't I have technically been rearrested? Plus as ive said, they are now basically not investigating the first allegation but have lessened the accusation, is that not a new thing entirely?Sorry if I seem silly, little bits of this whole mess have a habit of bugging me, today I'm confused about rearrest.

[Faith]

The police only need arrest you once to investigate you. As they investigate you, the allegation or the severity may change, depending on what comes up during the course of the investigation. There is no real need to be arrested again as, like CH says, you are technically in police custody and remain so until the investigation is concluded.

[Casehardened]

If it was a completely unrelated offence you would be re-arrested whether under bail or not i.e. if you were to get in a drunken brawl you could well be arrested by a officer who would obviously have no knowledge of the previous offence that you were under bail for.

In your case as it was a DC who questioned you, I guess there were some links between the two offences and so, as Faith said, it is really a continuation of the same investigation.

[NotSoHappy]

Thanks for clearing that up. It just made me wonder because the dc kept repeating "we won't have to rearrest you" like she was doing me a favour. Reality being the first accusation didn't fit so they are trying again with this one. Ah well :-)

[Faith]

Police love their little mind games. Try not to take too much notice. Easier said than done, I know.

[NotSoHappy]

I realise now that a lot of what happened during my arrest and afterwards was play acting. Like the notebook placed just within my eye line detailing my previous addresses and name of my ex partner (who just happens to be a plod himself). I actually thought they had to tell the truth. Another sneaky one was giving my solicitor false information in disclosure hoping id panic and cough to something. I've been a bit more at peace with myself this week, just kind of struck me that above everything, I've actually not done it, I was so blind with anxiety that I somehow forgot that. It's like a bad episode of eastenders!

[Faith]

It's a tough realisation to discover how the police truly operate. Most of us are brought up on the understanding that the police are noble, crime busting heroes.

They do all sorts of nasty things in interview. Giving false or misleading disclosure to a solicitor or implying that they have more evidence and they have you 'bang to rights' is fairly typical. Acting like your friend or that they are doing you a favour is also common.

I'm pretty sure the number one phrase in the policeman's handbook is 'we're not looking to take sides, we just want to get to the truth.'

I am not part of the brigade that thinks all policemen are corrupt. But there is an undeniable pressure on the police force to raise convictions of sexual offences and the behaviour you have experienced is a common way for them to try and achieve this.

[jaycube]

On bail

On bail mean you are still in the custody as the mention that the offenses are changed on the charge sheet may be they are coming with lighter charge for you.

[RFLH]

no, it may mean that they are adding charges - which is what happens in a lot of cases.

[NotSoHappy]

Or in my case, keeping me on bail for five months for a "crime" they said afterwards they knew I didn't commit as the "victims" statement made no sense to them before NFAing me a day before my third bail date!

[Rights Fighter]

On bail mean you are still in the custody as the mention that the offenses are changed on the charge sheet may be they are coming with lighter charge for you.

The whole point of bail is that you are NOT in custody.

Jaycube, why are you here? Why are you giving 'advice' on various threads that is not actually correct? Or are you just giving your opinion on what might be happening? If so, you need to be clear that is all it is - your opinion, because otherwise somebody might believe you and that could land them in some real trouble.

I appreciate that you are trying to help and thank you for that, but you need to be sure that what you are writing is correct.