Arrest is sometimes unlawful

[Pond31]

Hi All

I am sure this has been discussed before and maybe even by me but sometimes you arrest can be unlawful. Under the PACE Act there has to be a "necessity" to arrest someone. If you want to read the act then you can get more detail. Basically if you are willing to attend the police station for an interview and co-operate with the police then there may not be a grounds for an arrest.

Here is a good article written by the solicitor to explain why https://www.lexology.com/library/det...1-710369dd6db5

I was arrested in 2017 without the "necessity" for it to happen. The associate from my solicitors office told the police so, my solicitor told the police so but they didn't seem to understand that they DON'T HAVE THE RIGHT TO ARREST someone just because they want too. Being the semi-educated individual I am I argued the point with the custody Inspector, I told him that I had always been fully co-operative with police and there was no need for my arrest. The first time police asked me to attend the police station I did so within 20 minutes. The Inspector said that they needed to arrest me to protect my FA but then I pointed out that I had not seen or spoken to her for 1 1/2 to 2 years and therefore why would they need to protect her. I can understand if I had continuing face to face contact with her or was harassing her over the phone or internet. The police abuse the power of arrest for their own goals. They need pulled up on it. I have made a complaint to the relevant body where I am and will keep you up to date with what happens.

This is very handy to know because after sending a cease and desist letter to my FA1 she reported this as harassment to the police. As we all know the police are not allowed to use common sense and therefore had to investigate the allegation. Two uniformed officers turned up and tried and tried to make me go with them to the police station to answer questions. i said no and told them to call my solicitor and arrange a time for an interview. There was no "necessity" for them to arrest me, so there was nothing they could do and they left.


Pond31

[bonbon]

Did anything come of your complaint?

[Pond31]

Did anything come of your complaint?

The Police Ombudsman took no action, I complained and the first investigator said the police did nothing wrong. I did not accept that so I complain again. The second investigator said that the police where a little wrong when they did not serve the warrant for searching my house properly, however they said my arrest was OK. I again did not accept that and then the final person looking at the matter agreed that the arrest was OK. I could not go any further apart from writing to our Justice Minister here in Northern Ireland, unfortunately at the time the Stormont Assembly was not sitting so there was no Justice Minister.


The matters are not all done. I have still things going on. I am vert determined and stubborn.

[Peter1975]

Good luck with this too Pond.

I fear that the invisible hurdle is that although you may not have been in contact with the FA prior to arrest, if there had been no conditions, you may have been at least tempted to make contact, which makes your arrest necessary in the eyes of police and puts the onus on you to prove this was not so.

I'm fairly sure that I am right if I say that you only broke bail conditions and responded to your FA, however, while I sympathise with your position, the fact that you did respond will not do you any favours here.

The law is aimed at protecting the most vulnerable and does not discriminate. The most vulnerable will try to placate or excuse their abusers.

If there is one thing I knew almost instantly, it is that an entirely innocent person could mimic someone that is factually guilty and in denial without realising it.

Keep cool dude.