No grounds for arrest

[Pond31]

Hi All

I was arrested and interviewed by the police in Sept 2016. Knowing nothing about the law I though that the police needed to arrest me to interview me or charge me, however I have just stumbled across the PACE Act section on arrest and now consider that the police had no grounds for my arrest. According to PACE:-

"A lawful arrest requires two elements:

A person’s involvement or suspected involvement or attempted involvement in the commission of a criminal offence;
AND

Reasonable grounds for believing that the person’s arrest is necessary."

You can read the complete reason here https://www.gmpcc.org.uk/wp-content/...ode-G-2012.pdf

Therefore it appears that if you attend the police station voluntary and are willing to be interviewed under caution and don't fulfil any of the necessary criteria then the police do not have grounds to arrest you. They can simply interview you under caution and arrest you later if they need to charge you. I have read the code a few times and do not see which section they used to arrest me.

I know that the second time I was arrested in December 2017, my solicitor was reading the details of the second false accusation and she said out loud to herself "this should only be interview under caution". So I may actually be right for once or can someone correct my understanding.

Happy Easter

Pond31

[Pond31]

Yea I think I am right. If you read this article and the case details.

https://www.lexology.com/library/det...1-710369dd6db5

[imsam]

Pond I follow your posts with such interest , you seem to be able to unearth the most interesting information , I do so hope that some of your findings will help me when and if my case ever goes any further. I was arrested and then bailed, but because of the change in the law They then removed the bail restriction, and I have no restrictions and where I travel or anything. But it has been over 18 months now and I still have had no NFA or any other contact from the police. I am torn between what to do, try to chase it up or leave things alone . I have a new job and I know that if I get charged I will be released from my firm and I cannot afford that right at this time . So I am just in limbo , trying to 'forget about it all' and just hoping it all goes away

Thank you for all the interesting links you post up about other cases

Sam

[Pond31]

Pond I follow your posts with such interest , you seem to be able to unearth the most interesting information , I do so hope that some of your findings will help me when and if my case ever goes any further. I was arrested and then bailed, but because of the change in the law They then removed the bail restriction, and I have no restrictions and where I travel or anything. But it has been over 18 months now and I still have had no NFA or any other contact from the police. I am torn between what to do, try to chase it up or leave things alone . I have a new job and I know that if I get charged I will be released from my firm and I cannot afford that right at this time . So I am just in limbo , trying to 'forget about it all' and just hoping it all goes away

Thank you for all the interesting links you post up about other cases

Sam

Thanks for the complement. I can understand the terrible things you have suffered as I am just coming up to 18 months myself. I would actually go to solicitor and ask on what grounds did the police find it necessary to arrest you.

I don't know if should do as I have but I have contacted the OIC and PPS (CPS) directly a number of times. I have asked them questions directly, some of which they have refused to answer. I actually complained to the PPS about delays in my case, relating to two months delay in allocating a prosecutor, as well as them refusing to answer my questions directly. I told them that having a policy requiring the accused to ask questions via my solicitor was discriminatory, as not all would be able to afford the costs, if not covered by legal aid. I actually phoned them today as it has been 29 working days since my complaint and they are suppose to reply within 20. They couldn't even find my complaint at first.

I have a very active mind and strongly believe that to prove a point in a debate or argument you need evidence, I mean really scientific repeatable evidence not just opinion. There it is very hard for me to sit here and be accused of rape when there is only opinion a NO evidence. I therefore like to arm myself with knowledge rather than leave it my solicitor. Your solicitor may be skilled but they may not know everything. I hope my articles do help people. The thing is governmental organisation live by their rules, regulations and laws but they also can die by them, if you find the right one.

I hope you get a NFA soon.

Pond31

[Pond31]

More detailed case re unlawful arrest

https://www.criminallawandjustice.co...fulness-Arrest

The actually legal papers
http://www.bailii.org/ew/cases/EWHC/Admin/2017/129.html

[Pond31]

OK

As I stated I was arrest and my house searched by the police. I was in a very bad stated and did not take time to actually read the search warrant so I don't know what grounds they had. They mentioned something about the FA saying there were photo's but I don't know any detail. I suspect the police implied that there were nude photo's but the thing is, these photo's would only be relevant if they were actually of the alleged rape or in some way forcefully taken. Having nude photos of partners is very common these days but being a big fat bloke it is something that I don't feel comfortable sharing.

I cannot see the grounds the police had for obtaining the warrant. Under the PACE Section 8, section 10 here in NI.

(1) If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing—

(a)that [F1an indictable offence] has been committed; and
(b)that there is material on premises [F2mentioned in paragraph (1A)] which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and
(c)that the material is likely to be relevant evidence; and
(d)that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and
(e)that any of the conditions specified in paragraph (3) applies [F3in relation to each set of premises specified in the application],

OK I can see once the FA has made an allegation that 1(a) is fulfilled but unless the FA has stated that there are details directly related to the rape and/or sexual assault on the computer, phone etc than how can they seize them?


Anyway in general to all those on this site who had computers etc seized during a search, I would strongly suggest that you look at the grounds for the search. Also if the police arrived at your house and arrested you and then searched your home without a warrant, then that search may be illegal, as the police cannot arrest you in order to search your premises to find evidence to validate the arrest. They must have a good reason to arrest you first and as I said in my earlier messages in this thread, if you co-operate with them they may not have any grounds to arrest you or place you on bail.