• Re: Sarah Everard & resisting unlawful arrest

    From Jethro_uk@21:1/5 to All on Wed Jan 8 11:22:20 2025
    I asked this question at the time.

    The problem is after the event the belief of the person resisting arrest
    (who may well be dead) will need to be assessed as "reasonable" or not.

    And even when there have been clear and unambiguous cases of police
    officers unlawfully arresting people, that is an insurmountable bar to
    reach.

    --- SoupGate-Win32 v1.05
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  • From Spike@21:1/5 to jethro_uk@hotmailbin.com on Wed Jan 8 12:11:55 2025
    Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    I asked this question at the time.

    The problem is after the event the belief of the person resisting arrest
    (who may well be dead) will need to be assessed as "reasonable" or not.

    And even when there have been clear and unambiguous cases of police
    officers unlawfully arresting people, that is an insurmountable bar to
    reach.

    That means that in effect, a police officer’s power of arrest operates in much the same way as did the US Army’s ‘free fire zone’ policy in Vietnam,
    and probably does as much to inspire a proper outcome to the proceedings.

    --
    Spike

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  • From Jethro_uk@21:1/5 to Spike on Wed Jan 8 15:45:07 2025
    On Wed, 08 Jan 2025 12:11:55 +0000, Spike wrote:

    Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    I asked this question at the time.

    The problem is after the event the belief of the person resisting
    arrest (who may well be dead) will need to be assessed as "reasonable"
    or not.

    And even when there have been clear and unambiguous cases of police
    officers unlawfully arresting people, that is an insurmountable bar to
    reach.

    That means that in effect, a police officer’s power of arrest operates
    in much the same way as did the US Army’s ‘free fire zone’ policy in Vietnam,
    and probably does as much to inspire a proper outcome to the
    proceedings.

    Ultimately it is in no one's interests if a member of the public can be
    excused for not trusting the police and whether they are lawfully
    exercising their powers.

    Following the Everard tragedy, I don't recall there being any really
    serious attempt by the police to demonstrate that they do not abuse their powers of arrest. In fact my memory is that they proceeded to unlawfully/ illegally arrest the members of the public who attended a vigil for Sarah Everard.

    --- SoupGate-Win32 v1.05
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  • From Jon Ribbens@21:1/5 to jethro_uk@hotmailbin.com on Wed Jan 8 16:15:12 2025
    On 2025-01-08, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    On Wed, 08 Jan 2025 12:11:55 +0000, Spike wrote:

    Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    I asked this question at the time.

    The problem is after the event the belief of the person resisting
    arrest (who may well be dead) will need to be assessed as "reasonable"
    or not.

    And even when there have been clear and unambiguous cases of police
    officers unlawfully arresting people, that is an insurmountable bar to
    reach.

    That means that in effect, a police officer’s power of arrest operates
    in much the same way as did the US Army’s ‘free fire zone’ policy in >> Vietnam,
    and probably does as much to inspire a proper outcome to the
    proceedings.

    Ultimately it is in no one's interests if a member of the public can be excused for not trusting the police and whether they are lawfully
    exercising their powers.

    Following the Everard tragedy, I don't recall there being any really
    serious attempt by the police to demonstrate that they do not abuse their powers of arrest. In fact my memory is that they proceeded to unlawfully/ illegally arrest the members of the public who attended a vigil for Sarah Everard.

    The police arrest people illegally *constantly*. They do it whenever
    they feel like it, not least because it's a useful tool of coercion,
    but also because it means they have powers of search, can take DNA
    samples, etc. But it is always illegal unless the arrest is *necessary*.
    The system mostly just completely ignores this fact.

    --- SoupGate-Win32 v1.05
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  • From Brian@21:1/5 to J Newman on Wed Jan 8 17:17:56 2025
    J Newman <jenniferkatenewman@gmail.com> wrote:
    Let's say someone about to be arrested knew for sure the arrest was
    unlawful, and might even lead to their rape and murder.

    For example, hypothetically speaking, if the arresting officer declared
    what they were going to unlawfully do.

    Can the person use reasonable force to defend themselves against the police?

    Or will the police just keep bringing a bigger and bigger hammer until
    they get full compliance (in Sarah's case, her compliance to be raped
    and die)?

    How will this change if other government agencies are the arresting
    body? National Crime Agency, Military Police, HMRC, Border Force, etc?



    I don’t recall if Miss Everard was subjugated by the threat of arrest or perhaps became a victim - which she clearly was- by virtue of trusting
    someone who presented himself as a Police Officer offering assistance.

    Either way, the Officer’s conduct ( and that of others ) has done immeasurable harm - the public should be able to trust the Police without question.


    Sadly, since the Everard case others had come to light - some linked to it
    ( eg events at Wimbledon) which show the Police - especially the Met
    include not only officers who cannot be trusted but others who will protect them.

    More recently, we have seen the Police openly lie to the public and Starmer
    use them for his own political motives.

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  • From The Todal@21:1/5 to Brian on Wed Jan 8 19:54:33 2025
    On 08/01/2025 17:17, Brian wrote:
    J Newman <jenniferkatenewman@gmail.com> wrote:
    Let's say someone about to be arrested knew for sure the arrest was
    unlawful, and might even lead to their rape and murder.

    For example, hypothetically speaking, if the arresting officer declared
    what they were going to unlawfully do.

    Can the person use reasonable force to defend themselves against the police? >>
    Or will the police just keep bringing a bigger and bigger hammer until
    they get full compliance (in Sarah's case, her compliance to be raped
    and die)?

    How will this change if other government agencies are the arresting
    body? National Crime Agency, Military Police, HMRC, Border Force, etc?



    I don’t recall if Miss Everard was subjugated by the threat of arrest or perhaps became a victim - which she clearly was- by virtue of trusting someone who presented himself as a Police Officer offering assistance.

    The police officer, Wayne Couzens, wasn't offering assistance. He was
    claiming that she had broken the law by walking down a street without a
    valid excuse thereby placing herself in breach of the government's incompetently designed Covid regulations.

    She assumed that as a police officer he was entitled to arrest her, and
    that he might be the best judge of what the law was, and I'm sure she
    would have wanted to argue her case back at the police station that she
    assumed she would be taken to.

    I think Boris Johnson's idiot Covid regulations and the confusion among
    the public (and the police, and lawyers) about whether you needed a
    valid excuse to walk in a park or down the road, were directly
    responsible for Sarah Everard's murder.

    I think it was in no less a case than R. v Hulbert that the trial judge
    said that if you are unlawfully arrested by a police officer you should
    not resist arrest but should submit to it and then pursue a claim for
    unlawful arrest.

    Some senior police officers who ought to have known better said after
    the Everard murder that if you believe you are being unlawfully arrested
    you should resist arrest. For example:

    The police commissioner for North Yorkshire was highly criticised and
    urged to resign for saying murder victim Sarah Everard should not have ‘submitted’ to a false arrest and adding that women “need to be streetwise” about the powers that police officers have. The comments
    made by Mr Allott caused outrage as many claimed he was victim-blaming.
    Labour leader Sir Keir Starmer called for him to resign, saying: “He
    should go – I can’t think of a more inappropriate thing for a police
    crime commissioner to say at this or any time, but in this in
    particular. I think he should reconsider his position.”



    Either way, the Officer’s conduct ( and that of others ) has done immeasurable harm - the public should be able to trust the Police without question.


    Sadly, since the Everard case others had come to light - some linked to it
    ( eg events at Wimbledon) which show the Police - especially the Met
    include not only officers who cannot be trusted but others who will protect them.

    More recently, we have seen the Police openly lie to the public and Starmer use them for his own political motives.



    --- SoupGate-Win32 v1.05
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  • From Brian@21:1/5 to The Todal on Wed Jan 8 20:12:22 2025
    The Todal <the_todal@icloud.com> wrote:
    On 08/01/2025 17:17, Brian wrote:
    J Newman <jenniferkatenewman@gmail.com> wrote:
    Let's say someone about to be arrested knew for sure the arrest was
    unlawful, and might even lead to their rape and murder.

    For example, hypothetically speaking, if the arresting officer declared
    what they were going to unlawfully do.

    Can the person use reasonable force to defend themselves against the police?

    Or will the police just keep bringing a bigger and bigger hammer until
    they get full compliance (in Sarah's case, her compliance to be raped
    and die)?

    How will this change if other government agencies are the arresting
    body? National Crime Agency, Military Police, HMRC, Border Force, etc?



    I don’t recall if Miss Everard was subjugated by the threat of arrest or >> perhaps became a victim - which she clearly was- by virtue of trusting
    someone who presented himself as a Police Officer offering assistance.

    The police officer, Wayne Couzens, wasn't offering assistance. He was claiming that she had broken the law by walking down a street without a
    valid excuse thereby placing herself in breach of the government's incompetently designed Covid regulations.

    She assumed that as a police officer he was entitled to arrest her, and
    that he might be the best judge of what the law was, and I'm sure she
    would have wanted to argue her case back at the police station that she assumed she would be taken to.


    Thank you for clarifying.

    I didn’t recall the details.


    I think Boris Johnson's idiot Covid regulations and the confusion among
    the public (and the police, and lawyers) about whether you needed a
    valid excuse to walk in a park or down the road, were directly
    responsible for Sarah Everard's murder.

    That is certainly true. There were numerous cases - thankfully with far
    less serious consequences- where the regulations led to arrests / court
    cases / fines etc.



    I think it was in no less a case than R. v Hulbert that the trial judge
    said that if you are unlawfully arrested by a police officer you should
    not resist arrest but should submit to it and then pursue a claim for unlawful arrest.

    Some senior police officers who ought to have known better said after
    the Everard murder that if you believe you are being unlawfully arrested
    you should resist arrest. For example:

    The police commissioner for North Yorkshire was highly criticised and
    urged to resign for saying murder victim Sarah Everard should not have ‘submitted’ to a false arrest and adding that women “need to be streetwise” about the powers that police officers have. The comments
    made by Mr Allott caused outrage as many claimed he was victim-blaming. Labour leader Sir Keir Starmer called for him to resign, saying: “He
    should go – I can’t think of a more inappropriate thing for a police crime commissioner to say at this or any time, but in this in
    particular. I think he should reconsider his position.”



    There are examples of officers breaking the law while others stand by and
    do nothing. They are equally guilty. EVERY Officer has an individual duty
    to enforce the law. That includes if he sees a fellow officer breaking it.

    --- SoupGate-Win32 v1.05
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  • From Jeff@21:1/5 to All on Thu Jan 9 09:59:28 2025
    The police arrest people illegally *constantly*. They do it whenever
    they feel like it, not least because it's a useful tool of coercion,
    but also because it means they have powers of search, can take DNA
    samples, etc. But it is always illegal unless the arrest is *necessary*.
    The system mostly just completely ignores this fact.


    Indeed, there are quite a few cases where people have been arrested for
    murder before the Police even know the cause of death, which later turns
    out not to be murder. In the case of Gaia Pope an arrest for murder when
    she may well have still been alive!

    Jeff

    --- SoupGate-Win32 v1.05
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  • From GB@21:1/5 to Jeff on Thu Jan 9 10:23:06 2025
    On 09/01/2025 09:59, Jeff wrote:

    The police arrest people illegally *constantly*. They do it whenever
    they feel like it, not least because it's a useful tool of coercion,
    but also because it means they have powers of search, can take DNA
    samples, etc. But it is always illegal unless the arrest is *necessary*.
    The system mostly just completely ignores this fact.


    Indeed, there are quite a few cases where people have been arrested for murder before the Police even know the cause of death, which later turns
    out not to be murder. In the case of Gaia Pope an arrest for murder when
    she may well have still been alive!


    I thought that a (reasonable) suspicion that an arrestable offence has
    been committed by the arrestee is sufficient for a *legal* arrest?

    I would have thought it's rather rare for the police to have assembled a complete case (including mens rea, where applicable) before arrest?




    Jeff


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  • From GB@21:1/5 to Martin Harran on Thu Jan 9 10:56:19 2025
    On 09/01/2025 08:54, Martin Harran wrote:
    On Wed, 8 Jan 2025 19:54:33 +0000, The Todal <the_todal@icloud.com>
    wrote:

    [...]


    I think Boris Johnson's idiot Covid regulations and the confusion among
    the public (and the police, and lawyers) about whether you needed a
    valid excuse to walk in a park or down the road, were directly
    responsible for Sarah Everard's murder.

    Whatever the flaws in the Covid regulations, one thing and one thing
    only was *directly* responsible for Sarah Everard's murder - the evil
    that was called Wayne Couzens.


    I totally agree.

    Is there any evidence that it would have made any difference if Sarah
    Everard had resisted arrest? Couzens was not particularly big, but he
    was a fit policeman (at least in the physical sense). I'd have thought
    he would have had little difficulty subduing his victim.

    --- SoupGate-Win32 v1.05
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  • From Jon Ribbens@21:1/5 to NOTsomeone@microsoft.invalid on Thu Jan 9 11:12:46 2025
    On 2025-01-09, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/01/2025 09:59, Jeff wrote:
    The police arrest people illegally *constantly*. They do it whenever
    they feel like it, not least because it's a useful tool of coercion,
    but also because it means they have powers of search, can take DNA
    samples, etc. But it is always illegal unless the arrest is *necessary*. >>> The system mostly just completely ignores this fact.

    Indeed, there are quite a few cases where people have been arrested for
    murder before the Police even know the cause of death, which later turns
    out not to be murder. In the case of Gaia Pope an arrest for murder when
    she may well have still been alive!

    I thought that a (reasonable) suspicion that an arrestable offence has
    been committed by the arrestee is sufficient for a *legal* arrest?

    Yes. That's not the core issue in my view. The problem is when there
    is a reasonable suspicion of a crime, and a reasonable suspect, and
    the police decide they're going to arrest the suspect despite the
    fact that the suspect is being entirely co-operative.

    "Yes there's no doubt as to your identity, and you've indicated you're perfectly willing to come down to the police station for an interview,
    but we want to put you in handcuffs to intimidate you and we want to
    take your DNA and we want to put onerous bail conditions on you, and
    anyway it's our standard procedure, so we're going to arrest you even
    though it is not in any sense necessary and therefore it is illegal
    for us to do so."

    --- SoupGate-Win32 v1.05
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  • From JNugent@21:1/5 to Martin Harran on Thu Jan 9 11:32:18 2025
    On 09/01/2025 08:54 am, Martin Harran wrote:

    The Todal <the_todal@icloud.com> wrote:

    [...]

    I think Boris Johnson's idiot Covid regulations and the confusion among
    the public (and the police, and lawyers) about whether you needed a
    valid excuse to walk in a park or down the road, were directly
    responsible for Sarah Everard's murder.

    Whatever the flaws in the Covid regulations, one thing and one thing
    only was *directly* responsible for Sarah Everard's murder - the evil
    that was called Wayne Couzens.

    Indeed.

    The PP seems to have been using "directly" in an unfamiliar sense.

    --- SoupGate-Win32 v1.05
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  • From GB@21:1/5 to Jon Ribbens on Thu Jan 9 11:46:29 2025
    On 09/01/2025 11:12, Jon Ribbens wrote:
    On 2025-01-09, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/01/2025 09:59, Jeff wrote:
    The police arrest people illegally *constantly*. They do it whenever
    they feel like it, not least because it's a useful tool of coercion,
    but also because it means they have powers of search, can take DNA
    samples, etc. But it is always illegal unless the arrest is *necessary*. >>>> The system mostly just completely ignores this fact.

    Indeed, there are quite a few cases where people have been arrested for
    murder before the Police even know the cause of death, which later turns >>> out not to be murder. In the case of Gaia Pope an arrest for murder when >>> she may well have still been alive!

    I thought that a (reasonable) suspicion that an arrestable offence has
    been committed by the arrestee is sufficient for a *legal* arrest?

    Yes. That's not the core issue in my view. The problem is when there
    is a reasonable suspicion of a crime, and a reasonable suspect, and
    the police decide they're going to arrest the suspect despite the
    fact that the suspect is being entirely co-operative.

    "Yes there's no doubt as to your identity, and you've indicated you're perfectly willing to come down to the police station for an interview,
    but we want to put you in handcuffs to intimidate you and we want to
    take your DNA and we want to put onerous bail conditions on you, and
    anyway it's our standard procedure, so we're going to arrest you even
    though it is not in any sense necessary and therefore it is illegal
    for us to do so."


    The College of Policing is clear that "Like any type of force, officers
    must only use handcuffs when it is lawful, necessary and proportionate
    for them to do so. "

    If a suspect arrives at a police station for a pre-arranged interview,
    the first step the police normally take is to arrest them. That's
    clearly unnecessary, and I don't know whether it's lawful. From what you
    have said, it probably isn't.

    However, I find it a bit far-fetched that the police can't lawfully
    arrest a miscreant who appears to be compliant (until the moment he runs
    off!).

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Jeff on Thu Jan 9 11:33:33 2025
    On 09/01/2025 09:59 am, Jeff wrote:

    The police arrest people illegally *constantly*. They do it whenever
    they feel like it, not least because it's a useful tool of coercion,
    but also because it means they have powers of search, can take DNA
    samples, etc. But it is always illegal unless the arrest is *necessary*.
    The system mostly just completely ignores this fact.


    Indeed, there are quite a few cases where people have been arrested for murder before the Police even know the cause of death, which later turns
    out not to be murder. In the case of Gaia Pope an arrest for murder when
    she may well have still been alive!

    Should there never be an arrest on suspicion of murder unless and until
    the body of the supposed victim has been found (if at all)?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Andy Burns@21:1/5 to JNugent on Thu Jan 9 12:00:09 2025
    JNugent wrote:

    Should there never be an arrest on suspicion of murder unless and until
    the body of the supposed victim has been found (if at all)?

    Why not arrest on suspicion of causing harm, then upgrade to suspicion
    of murder if/when they find a body?

    --- SoupGate-Win32 v1.05
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  • From Roland Perry@21:1/5 to All on Thu Jan 9 12:08:37 2025
    In message <lu9qgdForv9U3@mid.individual.net>, at 11:33:33 on Thu, 9 Jan
    2025, JNugent <JNugent73@mail.com> remarked:
    On 09/01/2025 09:59 am, Jeff wrote:

    The police arrest people illegally *constantly*. They do it whenever
    they feel like it, not least because it's a useful tool of coercion,
    but also because it means they have powers of search, can take DNA
    samples, etc. But it is always illegal unless the arrest is *necessary*. >>> The system mostly just completely ignores this fact.

    Indeed, there are quite a few cases where people have been arrested
    for murder before the Police even know the cause of death, which
    later turns out not to be murder. In the case of Gaia Pope an arrest
    for murder when she may well have still been alive!

    Should there never be an arrest on suspicion of murder unless and until
    the body of the supposed victim has been found (if at all)?

    That would just encourage murders to go to more lengths to destroy the
    body.
    --
    Roland Perry

    --- SoupGate-Win32 v1.05
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  • From Jon Ribbens@21:1/5 to NOTsomeone@microsoft.invalid on Thu Jan 9 12:53:07 2025
    On 2025-01-09, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/01/2025 11:12, Jon Ribbens wrote:
    On 2025-01-09, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/01/2025 09:59, Jeff wrote:
    The police arrest people illegally *constantly*. They do it whenever >>>>> they feel like it, not least because it's a useful tool of coercion, >>>>> but also because it means they have powers of search, can take DNA
    samples, etc. But it is always illegal unless the arrest is *necessary*. >>>>> The system mostly just completely ignores this fact.

    Indeed, there are quite a few cases where people have been arrested for >>>> murder before the Police even know the cause of death, which later turns >>>> out not to be murder. In the case of Gaia Pope an arrest for murder when >>>> she may well have still been alive!

    I thought that a (reasonable) suspicion that an arrestable offence has
    been committed by the arrestee is sufficient for a *legal* arrest?

    Yes. That's not the core issue in my view. The problem is when there
    is a reasonable suspicion of a crime, and a reasonable suspect, and
    the police decide they're going to arrest the suspect despite the
    fact that the suspect is being entirely co-operative.

    "Yes there's no doubt as to your identity, and you've indicated you're
    perfectly willing to come down to the police station for an interview,
    but we want to put you in handcuffs to intimidate you and we want to
    take your DNA and we want to put onerous bail conditions on you, and
    anyway it's our standard procedure, so we're going to arrest you even
    though it is not in any sense necessary and therefore it is illegal
    for us to do so."

    The College of Policing is clear that "Like any type of force, officers
    must only use handcuffs when it is lawful, necessary and proportionate
    for them to do so. "

    If a suspect arrives at a police station for a pre-arranged interview,
    the first step the police normally take is to arrest them. That's
    clearly unnecessary, and I don't know whether it's lawful. From what you
    have said, it probably isn't.

    However, I find it a bit far-fetched that the police can't lawfully
    arrest a miscreant who appears to be compliant (until the moment he runs off!).

    Why should or would they be able to? Assuming they have been positively identified, and any necessary searches have already been carried out,
    and they don't have a known history of absconding, for what lawful
    purpose is it necessary to arrest them?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to Jon Ribbens on Thu Jan 9 14:11:34 2025
    On Thu, 09 Jan 2025 12:53:07 +0000, Jon Ribbens wrote:

    On 2025-01-09, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/01/2025 11:12, Jon Ribbens wrote:
    On 2025-01-09, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/01/2025 09:59, Jeff wrote:
    The police arrest people illegally *constantly*. They do it
    whenever they feel like it, not least because it's a useful tool of >>>>>> coercion, but also because it means they have powers of search, can >>>>>> take DNA samples, etc. But it is always illegal unless the arrest
    is *necessary*.
    The system mostly just completely ignores this fact.

    Indeed, there are quite a few cases where people have been arrested
    for murder before the Police even know the cause of death, which
    later turns out not to be murder. In the case of Gaia Pope an arrest >>>>> for murder when she may well have still been alive!

    I thought that a (reasonable) suspicion that an arrestable offence
    has been committed by the arrestee is sufficient for a *legal*
    arrest?

    Yes. That's not the core issue in my view. The problem is when there
    is a reasonable suspicion of a crime, and a reasonable suspect, and
    the police decide they're going to arrest the suspect despite the fact
    that the suspect is being entirely co-operative.

    "Yes there's no doubt as to your identity, and you've indicated you're
    perfectly willing to come down to the police station for an interview,
    but we want to put you in handcuffs to intimidate you and we want to
    take your DNA and we want to put onerous bail conditions on you, and
    anyway it's our standard procedure, so we're going to arrest you even
    though it is not in any sense necessary and therefore it is illegal
    for us to do so."

    The College of Policing is clear that "Like any type of force, officers
    must only use handcuffs when it is lawful, necessary and proportionate
    for them to do so. "

    If a suspect arrives at a police station for a pre-arranged interview,
    the first step the police normally take is to arrest them. That's
    clearly unnecessary, and I don't know whether it's lawful. From what
    you have said, it probably isn't.

    However, I find it a bit far-fetched that the police can't lawfully
    arrest a miscreant who appears to be compliant (until the moment he
    runs off!).

    Why should or would they be able to? Assuming they have been positively identified, and any necessary searches have already been carried out,
    and they don't have a known history of absconding, for what lawful
    purpose is it necessary to arrest them?

    To obtain DNA and fingerprints.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jon Ribbens@21:1/5 to jethro_uk@hotmailbin.com on Thu Jan 9 15:07:34 2025
    On 2025-01-09, Jethro_uk <jethro_uk@hotmailbin.com> wrote:
    On Thu, 09 Jan 2025 12:53:07 +0000, Jon Ribbens wrote:

    On 2025-01-09, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/01/2025 11:12, Jon Ribbens wrote:
    On 2025-01-09, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/01/2025 09:59, Jeff wrote:
    The police arrest people illegally *constantly*. They do it
    whenever they feel like it, not least because it's a useful tool of >>>>>>> coercion, but also because it means they have powers of search, can >>>>>>> take DNA samples, etc. But it is always illegal unless the arrest >>>>>>> is *necessary*.
    The system mostly just completely ignores this fact.

    Indeed, there are quite a few cases where people have been arrested >>>>>> for murder before the Police even know the cause of death, which
    later turns out not to be murder. In the case of Gaia Pope an arrest >>>>>> for murder when she may well have still been alive!

    I thought that a (reasonable) suspicion that an arrestable offence
    has been committed by the arrestee is sufficient for a *legal*
    arrest?

    Yes. That's not the core issue in my view. The problem is when there
    is a reasonable suspicion of a crime, and a reasonable suspect, and
    the police decide they're going to arrest the suspect despite the fact >>>> that the suspect is being entirely co-operative.

    "Yes there's no doubt as to your identity, and you've indicated you're >>>> perfectly willing to come down to the police station for an interview, >>>> but we want to put you in handcuffs to intimidate you and we want to
    take your DNA and we want to put onerous bail conditions on you, and
    anyway it's our standard procedure, so we're going to arrest you even
    though it is not in any sense necessary and therefore it is illegal
    for us to do so."

    The College of Policing is clear that "Like any type of force, officers
    must only use handcuffs when it is lawful, necessary and proportionate
    for them to do so. "

    If a suspect arrives at a police station for a pre-arranged interview,
    the first step the police normally take is to arrest them. That's
    clearly unnecessary, and I don't know whether it's lawful. From what
    you have said, it probably isn't.

    However, I find it a bit far-fetched that the police can't lawfully
    arrest a miscreant who appears to be compliant (until the moment he
    runs off!).

    Why should or would they be able to? Assuming they have been positively
    identified, and any necessary searches have already been carried out,
    and they don't have a known history of absconding, for what lawful
    purpose is it necessary to arrest them?

    To obtain DNA and fingerprints.

    No, that's what the police *want*. It isn't a reason that the arrest
    is *necessary*. You might as well say an arrest is "necessary" because
    the police want to lock the person in a cell for a bit. If Parliament
    wanted to give the police the power to demand DNA and fingerprints from
    anyone at any time then they would have passed a law saying so.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to jethro_uk@hotmailbin.com on Thu Jan 9 15:07:51 2025
    On 9 Jan 2025 at 14:11:34 GMT, "Jethro_uk" <jethro_uk@hotmailbin.com> wrote:

    On Thu, 09 Jan 2025 12:53:07 +0000, Jon Ribbens wrote:

    On 2025-01-09, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/01/2025 11:12, Jon Ribbens wrote:
    On 2025-01-09, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/01/2025 09:59, Jeff wrote:
    The police arrest people illegally *constantly*. They do it
    whenever they feel like it, not least because it's a useful tool of >>>>>>> coercion, but also because it means they have powers of search, can >>>>>>> take DNA samples, etc. But it is always illegal unless the arrest >>>>>>> is *necessary*.
    The system mostly just completely ignores this fact.

    Indeed, there are quite a few cases where people have been arrested >>>>>> for murder before the Police even know the cause of death, which
    later turns out not to be murder. In the case of Gaia Pope an arrest >>>>>> for murder when she may well have still been alive!

    I thought that a (reasonable) suspicion that an arrestable offence
    has been committed by the arrestee is sufficient for a *legal*
    arrest?

    Yes. That's not the core issue in my view. The problem is when there
    is a reasonable suspicion of a crime, and a reasonable suspect, and
    the police decide they're going to arrest the suspect despite the fact >>>> that the suspect is being entirely co-operative.

    "Yes there's no doubt as to your identity, and you've indicated you're >>>> perfectly willing to come down to the police station for an interview, >>>> but we want to put you in handcuffs to intimidate you and we want to
    take your DNA and we want to put onerous bail conditions on you, and
    anyway it's our standard procedure, so we're going to arrest you even
    though it is not in any sense necessary and therefore it is illegal
    for us to do so."

    The College of Policing is clear that "Like any type of force, officers
    must only use handcuffs when it is lawful, necessary and proportionate
    for them to do so. "

    If a suspect arrives at a police station for a pre-arranged interview,
    the first step the police normally take is to arrest them. That's
    clearly unnecessary, and I don't know whether it's lawful. From what
    you have said, it probably isn't.

    However, I find it a bit far-fetched that the police can't lawfully
    arrest a miscreant who appears to be compliant (until the moment he
    runs off!).

    Why should or would they be able to? Assuming they have been positively
    identified, and any necessary searches have already been carried out,
    and they don't have a known history of absconding, for what lawful
    purpose is it necessary to arrest them?

    To obtain DNA and fingerprints.

    Apologies if sarcasm is intended, But, FTAOD, that is not a lawful reason for arrest.

    --

    Roger Hayter

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  • From Handsome Jack@21:1/5 to All on Thu Jan 9 13:57:37 2025
    On Thu, 9 Jan 2025 11:46:29 +0000, GB wrote:
    The College of Policing is clear that "Like any type of force, officers
    must only use handcuffs when it is lawful, necessary and proportionate
    for them to do so. "


    The widely-published footage of Lucy Letby's arrest showed her being led
    off in handcuffs after the police officers lied their way into her home. Perhaps they thought this rather slight lady might stab them in the
    stomach with an air-filled syringe.

    --- SoupGate-Win32 v1.05
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  • From JNugent@21:1/5 to Andy Burns on Thu Jan 9 15:19:43 2025
    On 09/01/2025 12:00 pm, Andy Burns wrote:

    JNugent wrote:

    Should there never be an arrest on suspicion of murder unless and
    until the body of the supposed victim has been found (if at all)?

    Why not arrest on suspicion of causing harm, then upgrade to suspicion
    of murder if/when they find a body?

    Good question.

    But the central point is the arrest itself.

    --- SoupGate-Win32 v1.05
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  • From GB@21:1/5 to Jon Ribbens on Thu Jan 9 17:34:12 2025
    On 09/01/2025 15:07, Jon Ribbens wrote:

    No, that's what the police *want*. It isn't a reason that the arrest
    is *necessary*. You might as well say an arrest is "necessary" because
    the police want to lock the person in a cell for a bit. If Parliament
    wanted to give the police the power to demand DNA and fingerprints from anyone at any time then they would have passed a law saying so.


    Thank you, Jon, for pointing out that 'necessity' is one of the
    requirements for making a lawful arrest.

    This is explained in Code G of PACE: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/903814/pace-code-g-2012.pdf

    Para 2.9 sets out the various grounds for 'necessity'.

    Assuming the suspect is reasonably compliant, most of them don't apply,
    but there's a catch all "to allow the prompt and effective investigation
    of the offence or of the conduct of the person in question."

    Arrest means that the police can search the suspect's premises without a warrant, for example, and this obviously may enable a prompter and more effective investigation. It's a bit thin, though?

    --- SoupGate-Win32 v1.05
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  • From Jethro_uk@21:1/5 to All on Thu Jan 9 18:00:17 2025
    On Thu, 09 Jan 2025 17:34:12 +0000, GB wrote:

    Arrest means that the police can search the suspect's premises without a warrant, for example, and this obviously may enable a prompter and more effective investigation. It's a bit thin, though?

    And obviously even if the arrest is later deemed unlawful, any evidence
    from a search will not be excluded from a court.

    --- SoupGate-Win32 v1.05
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  • From Jon Ribbens@21:1/5 to NOTsomeone@microsoft.invalid on Thu Jan 9 19:46:01 2025
    On 2025-01-09, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/01/2025 15:07, Jon Ribbens wrote:
    No, that's what the police *want*. It isn't a reason that the arrest
    is *necessary*. You might as well say an arrest is "necessary" because
    the police want to lock the person in a cell for a bit. If Parliament
    wanted to give the police the power to demand DNA and fingerprints from
    anyone at any time then they would have passed a law saying so.

    Thank you, Jon, for pointing out that 'necessity' is one of the
    requirements for making a lawful arrest.

    This is explained in Code G of PACE: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/903814/pace-code-g-2012.pdf

    Para 2.9 sets out the various grounds for 'necessity'.

    Assuming the suspect is reasonably compliant, most of them don't apply,
    but there's a catch all "to allow the prompt and effective investigation
    of the offence or of the conduct of the person in question."

    Arrest means that the police can search the suspect's premises without a warrant, for example, and this obviously may enable a prompter and more effective investigation. It's a bit thin, though?

    It's extremely thin. It's very reminiscent of the argument that someone refusing a voluntary search is suspicious, and is therefore grounds for
    a mandatory search, which is an argument I seem to recall the police
    tried to use until they were told they couldn't.

    The PACE code goes on to explain the concept further though, and makes
    it clear that it isn't just a blanket excuse that can apply to any
    situation.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Roland Perry on Thu Jan 9 15:38:40 2025
    On 09/01/2025 12:08 pm, Roland Perry wrote:

    JNugent <JNugent73@mail.com> remarked:
    Jeff wrote:

    The police arrest people illegally *constantly*. They do it whenever
    they feel like it, not least because it's a useful tool of coercion,
    but also because it means they have powers of search, can take DNA
    samples, etc. But it is always illegal unless the arrest is
    *necessary*.
    The system mostly just completely ignores this fact.

     Indeed, there are quite a few cases where people have been arrested
    for  murder before the Police even know the cause of death, which
    later turns  out not to be murder. In the case of Gaia Pope an arrest
    for murder when  she may well have still been alive!

    Should there never be an arrest on suspicion of murder unless and
    until the body of the supposed victim has been found (if at all)?

    That would just encourage murders to go to more lengths to destroy the
    body.

    Indeed, though there could be a rationale for that either way,
    destroying forensic evidence, etc.

    The exchange reminds me of John Haigh, who perpetrated the "acid bath
    murders". He was reported as being confident that he could not be
    convicted if the victims' bodies had been destroyed (as it happens, with sulphuric acid). He was hanged in 1949.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to All on Thu Jan 9 15:42:28 2025
    On 09/01/2025 02:11 pm, Jethro_uk wrote:
    On Thu, 09 Jan 2025 12:53:07 +0000, Jon Ribbens wrote:

    On 2025-01-09, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/01/2025 11:12, Jon Ribbens wrote:
    On 2025-01-09, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/01/2025 09:59, Jeff wrote:
    The police arrest people illegally *constantly*. They do it
    whenever they feel like it, not least because it's a useful tool of >>>>>>> coercion, but also because it means they have powers of search, can >>>>>>> take DNA samples, etc. But it is always illegal unless the arrest >>>>>>> is *necessary*.
    The system mostly just completely ignores this fact.

    Indeed, there are quite a few cases where people have been arrested >>>>>> for murder before the Police even know the cause of death, which
    later turns out not to be murder. In the case of Gaia Pope an arrest >>>>>> for murder when she may well have still been alive!

    I thought that a (reasonable) suspicion that an arrestable offence
    has been committed by the arrestee is sufficient for a *legal*
    arrest?

    Yes. That's not the core issue in my view. The problem is when there
    is a reasonable suspicion of a crime, and a reasonable suspect, and
    the police decide they're going to arrest the suspect despite the fact >>>> that the suspect is being entirely co-operative.

    "Yes there's no doubt as to your identity, and you've indicated you're >>>> perfectly willing to come down to the police station for an interview, >>>> but we want to put you in handcuffs to intimidate you and we want to
    take your DNA and we want to put onerous bail conditions on you, and
    anyway it's our standard procedure, so we're going to arrest you even
    though it is not in any sense necessary and therefore it is illegal
    for us to do so."

    The College of Policing is clear that "Like any type of force, officers
    must only use handcuffs when it is lawful, necessary and proportionate
    for them to do so. "

    If a suspect arrives at a police station for a pre-arranged interview,
    the first step the police normally take is to arrest them. That's
    clearly unnecessary, and I don't know whether it's lawful. From what
    you have said, it probably isn't.

    However, I find it a bit far-fetched that the police can't lawfully
    arrest a miscreant who appears to be compliant (until the moment he
    runs off!).

    Why should or would they be able to? Assuming they have been positively
    identified, and any necessary searches have already been carried out,
    and they don't have a known history of absconding, for what lawful
    purpose is it necessary to arrest them?

    To obtain DNA and fingerprints.

    And in the case of a prisoner arrested for a crime of violence (and
    therefore believed to be at least potentially violent), to ensure the
    safety of officers and the public?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jeff@21:1/5 to All on Fri Jan 10 09:54:06 2025
    On 09/01/2025 10:23, GB wrote:
    On 09/01/2025 09:59, Jeff wrote:

    The police arrest people illegally *constantly*. They do it whenever
    they feel like it, not least because it's a useful tool of coercion,
    but also because it means they have powers of search, can take DNA
    samples, etc. But it is always illegal unless the arrest is *necessary*. >>> The system mostly just completely ignores this fact.


    Indeed, there are quite a few cases where people have been arrested
    for murder before the Police even know the cause of death, which later
    turns out not to be murder. In the case of Gaia Pope an arrest for
    murder when she may well have still been alive!


    I thought that a (reasonable) suspicion that an arrestable offence has
    been committed by the arrestee is sufficient for a *legal* arrest?

    I would have thought it's rather rare for the police to have assembled a complete case (including mens rea, where applicable) before arrest?

    But how can you have 'reasonable suspicion' that an offence has taken
    place when the person may still be alive or you can't even say how the
    person died??

    Take another case involving Dorset Police; several people die at a care
    home, possibly due to CO poisoning but no post mortems yet carried out.
    They immediately arrest the care home manager on suspicion of manslaughter.
    A few days later released without charge.

    Jeff

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From The Todal@21:1/5 to JNugent on Fri Jan 10 09:58:39 2025
    On 09/01/2025 11:32, JNugent wrote:
    On 09/01/2025 08:54 am, Martin Harran wrote:

    The Todal <the_todal@icloud.com> wrote:

    [...]

    I think Boris Johnson's idiot Covid regulations and the confusion among
    the public (and the police, and lawyers) about whether you needed a
    valid excuse to walk in a park or down the road, were directly
    responsible for Sarah Everard's murder.

    Whatever the flaws in the Covid regulations, one thing and one thing
    only was *directly* responsible for Sarah Everard's murder - the evil
    that was called Wayne Couzens.

    Indeed.

    The PP seems to have been using "directly" in an unfamiliar sense.


    I think the regulations were directly responsible for Sarah Everard's
    murder.

    In the absence of those regulations, or if the regulations had been more competently designed and publicised, I am sure the murderer would not
    have bluffed her into submitting to arrest.

    It is wholly unrealistic to say that if she had been better informed
    about the law she could or should have fought back. Nobody in their
    right mind fights a police officer.

    But if there had been no regulations, and if he had said to her "I'm
    arresting you for wearing inappropriate shoes" or some such, then she
    might have screamed and sought help from a neighbouring householder or passer-by.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jeff@21:1/5 to Andy Burns on Fri Jan 10 10:05:16 2025
    On 09/01/2025 12:00, Andy Burns wrote:
    JNugent wrote:

    Should there never be an arrest on suspicion of murder unless and
    until the body of the supposed victim has been found (if at all)?

    Why not arrest on suspicion of causing harm, then upgrade to suspicion
    of murder if/when they find a body?


    What harm?? Let's see the evidence that harm or anything else has taken
    place.

    If the is evidence, even circumstantial, them yes arrest, but not on
    mere gut instinct or as a means to get DNA and search warrants, which is
    what seems to happen.

    Jeff

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jon Ribbens@21:1/5 to Jeff on Fri Jan 10 10:31:13 2025
    On 2025-01-10, Jeff <jeff@ukra.com> wrote:
    On 09/01/2025 10:23, GB wrote:
    On 09/01/2025 09:59, Jeff wrote:
    The police arrest people illegally *constantly*. They do it whenever
    they feel like it, not least because it's a useful tool of coercion,
    but also because it means they have powers of search, can take DNA
    samples, etc. But it is always illegal unless the arrest is *necessary*. >>>> The system mostly just completely ignores this fact.

    Indeed, there are quite a few cases where people have been arrested
    for murder before the Police even know the cause of death, which later
    turns out not to be murder. In the case of Gaia Pope an arrest for
    murder when she may well have still been alive!

    I thought that a (reasonable) suspicion that an arrestable offence has
    been committed by the arrestee is sufficient for a *legal* arrest?

    I would have thought it's rather rare for the police to have assembled a
    complete case (including mens rea, where applicable) before arrest?

    But how can you have 'reasonable suspicion' that an offence has taken
    place when the person may still be alive or you can't even say how the
    person died??

    A *suspicion* can surely be formed from other evidence or circumstances.
    I took a policeman to a flat full of blood once, and he said something
    like "fuck me, I'm calling CID" and the gaggle of police that turned up
    were clearly of the opinion that it was sufficient blood that someone
    was definitely dead, until they discovered that the occupant had been
    taken alive to hospital in an ambulance a few days earlier.

    Take another case involving Dorset Police; several people die at a care
    home, possibly due to CO poisoning but no post mortems yet carried out.
    They immediately arrest the care home manager on suspicion of manslaughter.
    A few days later released without charge.

    Yeah this is the sort of thing I'm on about. Once they've confirmed the person's identity and that they are the care home manager and they're
    willing to attend an interview, what possible excuse is there as to why arresting them is "necessary"?

    --- SoupGate-Win32 v1.05
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  • From Martin Brown@21:1/5 to The Todal on Fri Jan 10 10:33:33 2025
    On 10/01/2025 09:58, The Todal wrote:
    On 09/01/2025 11:32, JNugent wrote:
    On 09/01/2025 08:54 am, Martin Harran wrote:

    The Todal <the_todal@icloud.com> wrote:

    [...]

    I think Boris Johnson's idiot Covid regulations and the confusion among >>>> the public (and the police, and lawyers) about whether you needed a
    valid excuse to walk in a park or down the road, were directly
    responsible for Sarah Everard's murder.

    The Covid regulations seemed a bit excessive to me at the time
    particularly regarding those who were under 45 and healthy.

    Whatever the flaws in the Covid regulations, one thing and one thing
    only was *directly* responsible for Sarah Everard's murder - the evil
    that was called Wayne Couzens.

    Indeed.

    The PP seems to have been using "directly" in an unfamiliar sense.


    I think the regulations were directly responsible for Sarah Everard's
    murder.

    That is a matter of opinion. They were indirectly responsible because
    they meant that the streets were largely empty and she was out on her own.

    In the absence of those regulations, or if the regulations had been more competently designed and publicised, I am sure the murderer would not
    have bluffed her into submitting to arrest.

    That much is probably true. Also he would not have been able to do it if
    there had been plenty of witnesses on the street.

    It is wholly unrealistic to say that if she had been better informed
    about the law she could or should have fought back. Nobody in their
    right mind fights a police officer.

    That was what the NY police commissioner suggested she should do -
    sanity eventually prevailed and it cost him his job but only after an overwhelming vote of no confidence.

    https://www.bbc.co.uk/news/uk-england-york-north-yorkshire-58915325

    It is exactly what you *would* have to do though if you really believed
    it was a disguised kidnap attempt and a fake policeman (or as in this
    case a bent copper).

    But if there had been no regulations, and if he had said to her "I'm arresting you for wearing inappropriate shoes" or some such, then she
    might have screamed and sought help from a neighbouring householder or passer-by.

    However, the circumstances were that it was dark, there were no passers
    by or witnesses to the arrest. What I find more worrying is that he
    seemed to have multiple red flags against him and was still a licensed
    firearms officer. The Met still has serious questions to answer.

    --
    Martin Brown

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  • From Roger Hayter@21:1/5 to JNugent on Fri Jan 10 12:31:13 2025
    On 9 Jan 2025 at 15:42:28 GMT, "JNugent" <JNugent73@mail.com> wrote:

    On 09/01/2025 02:11 pm, Jethro_uk wrote:
    On Thu, 09 Jan 2025 12:53:07 +0000, Jon Ribbens wrote:

    On 2025-01-09, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/01/2025 11:12, Jon Ribbens wrote:
    On 2025-01-09, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/01/2025 09:59, Jeff wrote:
    The police arrest people illegally *constantly*. They do it
    whenever they feel like it, not least because it's a useful tool of >>>>>>>> coercion, but also because it means they have powers of search, can >>>>>>>> take DNA samples, etc. But it is always illegal unless the arrest >>>>>>>> is *necessary*.
    The system mostly just completely ignores this fact.

    Indeed, there are quite a few cases where people have been arrested >>>>>>> for murder before the Police even know the cause of death, which >>>>>>> later turns out not to be murder. In the case of Gaia Pope an arrest >>>>>>> for murder when she may well have still been alive!

    I thought that a (reasonable) suspicion that an arrestable offence >>>>>> has been committed by the arrestee is sufficient for a *legal*
    arrest?

    Yes. That's not the core issue in my view. The problem is when there >>>>> is a reasonable suspicion of a crime, and a reasonable suspect, and
    the police decide they're going to arrest the suspect despite the fact >>>>> that the suspect is being entirely co-operative.

    "Yes there's no doubt as to your identity, and you've indicated you're >>>>> perfectly willing to come down to the police station for an interview, >>>>> but we want to put you in handcuffs to intimidate you and we want to >>>>> take your DNA and we want to put onerous bail conditions on you, and >>>>> anyway it's our standard procedure, so we're going to arrest you even >>>>> though it is not in any sense necessary and therefore it is illegal
    for us to do so."

    The College of Policing is clear that "Like any type of force, officers >>>> must only use handcuffs when it is lawful, necessary and proportionate >>>> for them to do so. "

    If a suspect arrives at a police station for a pre-arranged interview, >>>> the first step the police normally take is to arrest them. That's
    clearly unnecessary, and I don't know whether it's lawful. From what
    you have said, it probably isn't.

    However, I find it a bit far-fetched that the police can't lawfully
    arrest a miscreant who appears to be compliant (until the moment he
    runs off!).

    Why should or would they be able to? Assuming they have been positively
    identified, and any necessary searches have already been carried out,
    and they don't have a known history of absconding, for what lawful
    purpose is it necessary to arrest them?

    To obtain DNA and fingerprints.

    And in the case of a prisoner arrested for a crime of violence (and
    therefore believed to be at least potentially violent), to ensure the
    safety of officers and the public?

    That could make arrest necessary, but does not inevitably do so.

    --

    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to Jeff on Fri Jan 10 12:33:07 2025
    On 10 Jan 2025 at 09:54:06 GMT, "Jeff" <jeff@ukra.com> wrote:

    On 09/01/2025 10:23, GB wrote:
    On 09/01/2025 09:59, Jeff wrote:

    The police arrest people illegally *constantly*. They do it whenever
    they feel like it, not least because it's a useful tool of coercion,
    but also because it means they have powers of search, can take DNA
    samples, etc. But it is always illegal unless the arrest is *necessary*. >>>> The system mostly just completely ignores this fact.


    Indeed, there are quite a few cases where people have been arrested
    for murder before the Police even know the cause of death, which later
    turns out not to be murder. In the case of Gaia Pope an arrest for
    murder when she may well have still been alive!


    I thought that a (reasonable) suspicion that an arrestable offence has
    been committed by the arrestee is sufficient for a *legal* arrest?

    I would have thought it's rather rare for the police to have assembled a
    complete case (including mens rea, where applicable) before arrest?

    But how can you have 'reasonable suspicion' that an offence has taken
    place when the person may still be alive or you can't even say how the
    person died??

    Take another case involving Dorset Police; several people die at a care
    home, possibly due to CO poisoning but no post mortems yet carried out.
    They immediately arrest the care home manager on suspicion of manslaughter.
    A few days later released without charge.

    Jeff

    That would seem to be an obvious case where it was quite unnecessary. The "crime" scene was already available and could be secured without arrest. And flight would seem quite unlikely.


    --

    Roger Hayter

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  • From Jethro_uk@21:1/5 to JNugent on Fri Jan 10 12:34:18 2025
    On Thu, 09 Jan 2025 15:42:28 +0000, JNugent wrote:

    On 09/01/2025 02:11 pm, Jethro_uk wrote:
    [quoted text muted]

    And in the case of a prisoner arrested for a crime of violence (and
    therefore believed to be at least potentially violent), to ensure the
    safety of officers and the public?

    But then it becomes a lawful reason to arrest.

    This thread is about instances where the police have acted unlawfully.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From GB@21:1/5 to The Todal on Fri Jan 10 10:59:05 2025
    On 10/01/2025 09:58, The Todal wrote:

    I think the regulations were directly responsible for Sarah Everard's
    murder.

    In the absence of those regulations, or if the regulations had been more competently designed and publicised, I am sure the murderer would not
    have bluffed her into submitting to arrest.

    Couzens worked out this particular modus operandi based on the Covid
    regs, but without the regs he'd have worked out some other modus operandi.


    It is wholly unrealistic to say that if she had been better informed
    about the law she could or should have fought back. Nobody in their
    right mind fights a police officer.

    But if there had been no regulations, and if he had said to her "I'm arresting you for wearing inappropriate shoes" or some such, then she
    might have screamed and sought help from a neighbouring householder or passer-by.



    He could have chosen a woman who looked a bit drunk, and arrested her
    for being drunk and disorderly.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jeff@21:1/5 to JNugent on Fri Jan 10 10:00:32 2025
    On 09/01/2025 11:33, JNugent wrote:
    On 09/01/2025 09:59 am, Jeff wrote:

    The police arrest people illegally *constantly*. They do it whenever
    they feel like it, not least because it's a useful tool of coercion,
    but also because it means they have powers of search, can take DNA
    samples, etc. But it is always illegal unless the arrest is *necessary*. >>> The system mostly just completely ignores this fact.


    Indeed, there are quite a few cases where people have been arrested
    for murder before the Police even know the cause of death, which later
    turns out not to be murder. In the case of Gaia Pope an arrest for
    murder when she may well have still been alive!

    Should there never be an arrest on suspicion of murder unless and until
    the body of the supposed victim has been found (if at all)?


    That is not what I am saying, but in the Gia Pope case the police very
    fixated on a suspect that she had made a rape complaint about and they
    took their eye off of the ball on the missing persons search. Precious
    time was lost, and at the time of the arrest she may well still have
    been alive had they looked properly and would have been alive today.

    There are plenty of other cases where the police over step the mark.
    Arresting someone for causing death by dangerous driving at the scene
    seems a popular one, before accident investigators have assessed what
    actually happened, and who or what was responsible.

    Jeff

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From GB@21:1/5 to Jon Ribbens on Fri Jan 10 14:04:47 2025
    On 10/01/2025 10:31, Jon Ribbens wrote:

    Yeah this is the sort of thing I'm on about. Once they've confirmed the person's identity and that they are the care home manager and they're
    willing to attend an interview, what possible excuse is there as to why arresting them is "necessary"?


    Can anyone complain, or only the person arrested?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From The Todal@21:1/5 to All on Fri Jan 10 14:19:41 2025
    On 10/01/2025 10:59, GB wrote:
    On 10/01/2025 09:58, The Todal wrote:

    I think the regulations were directly responsible for Sarah Everard's
    murder.

    In the absence of those regulations, or if the regulations had been
    more competently designed and publicised, I am sure the murderer would
    not have bluffed her into submitting to arrest.

    Couzens worked out this particular modus operandi based on the Covid
    regs, but without the regs he'd have worked out some other modus operandi.


    It is wholly unrealistic to say that if she had been better informed
    about the law she could or should have fought back. Nobody in their
    right mind fights a police officer.

    But if there had been no regulations, and if he had said to her "I'm
    arresting you for wearing inappropriate shoes" or some such, then she
    might have screamed and sought help from a neighbouring householder or
    passer-by.



    He could have chosen a woman who looked a bit drunk, and arrested her
    for being drunk and disorderly.


    I don't think he would have picked on Sarah Everard but I agree that he probably would have picked on someone else. In fact, one is entitled to
    ask how often police officers arrest drunken young women and then behave improperly towards them - and whether this can ever be prevented. Anyone
    put in a position of power will be tempted to abuse that power.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Roger Hayter on Fri Jan 10 14:41:40 2025
    On 10/01/2025 12:31 pm, Roger Hayter wrote:
    On 9 Jan 2025 at 15:42:28 GMT, "JNugent" <JNugent73@mail.com> wrote:

    On 09/01/2025 02:11 pm, Jethro_uk wrote:
    On Thu, 09 Jan 2025 12:53:07 +0000, Jon Ribbens wrote:

    On 2025-01-09, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/01/2025 11:12, Jon Ribbens wrote:
    On 2025-01-09, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/01/2025 09:59, Jeff wrote:
    The police arrest people illegally *constantly*. They do it
    whenever they feel like it, not least because it's a useful tool of >>>>>>>>> coercion, but also because it means they have powers of search, can >>>>>>>>> take DNA samples, etc. But it is always illegal unless the arrest >>>>>>>>> is *necessary*.
    The system mostly just completely ignores this fact.

    Indeed, there are quite a few cases where people have been arrested >>>>>>>> for murder before the Police even know the cause of death, which >>>>>>>> later turns out not to be murder. In the case of Gaia Pope an arrest >>>>>>>> for murder when she may well have still been alive!

    I thought that a (reasonable) suspicion that an arrestable offence >>>>>>> has been committed by the arrestee is sufficient for a *legal*
    arrest?

    Yes. That's not the core issue in my view. The problem is when there >>>>>> is a reasonable suspicion of a crime, and a reasonable suspect, and >>>>>> the police decide they're going to arrest the suspect despite the fact >>>>>> that the suspect is being entirely co-operative.

    "Yes there's no doubt as to your identity, and you've indicated you're >>>>>> perfectly willing to come down to the police station for an interview, >>>>>> but we want to put you in handcuffs to intimidate you and we want to >>>>>> take your DNA and we want to put onerous bail conditions on you, and >>>>>> anyway it's our standard procedure, so we're going to arrest you even >>>>>> though it is not in any sense necessary and therefore it is illegal >>>>>> for us to do so."

    The College of Policing is clear that "Like any type of force, officers >>>>> must only use handcuffs when it is lawful, necessary and proportionate >>>>> for them to do so. "

    If a suspect arrives at a police station for a pre-arranged interview, >>>>> the first step the police normally take is to arrest them. That's
    clearly unnecessary, and I don't know whether it's lawful. From what >>>>> you have said, it probably isn't.

    However, I find it a bit far-fetched that the police can't lawfully
    arrest a miscreant who appears to be compliant (until the moment he
    runs off!).

    Why should or would they be able to? Assuming they have been positively >>>> identified, and any necessary searches have already been carried out,
    and they don't have a known history of absconding, for what lawful
    purpose is it necessary to arrest them?

    To obtain DNA and fingerprints.

    And in the case of a prisoner arrested for a crime of violence (and
    therefore believed to be at least potentially violent), to ensure the
    safety of officers and the public?

    That could make arrest necessary, but does not inevitably do so.

    My response was actually about handcuffing policy. To this bit in
    particular:

    "The College of Policing is clear that "Like any type of force, officers
    must only use handcuffs when it is lawful, necessary and proportionate
    for them to do so."

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to All on Fri Jan 10 14:42:18 2025
    On 10/01/2025 12:34 pm, Jethro_uk wrote:
    On Thu, 09 Jan 2025 15:42:28 +0000, JNugent wrote:

    On 09/01/2025 02:11 pm, Jethro_uk wrote:
    [quoted text muted]

    And in the case of a prisoner arrested for a crime of violence (and
    therefore believed to be at least potentially violent), to ensure the
    safety of officers and the public?

    But then it becomes a lawful reason to arrest.

    This thread is about instances where the police have acted unlawfully.

    My response was actually about handcuffing policy (where an arrest is
    already deemed necessary). To this bit in particular:

    "The College of Policing is clear that "Like any type of force, officers
    must only use handcuffs when it is lawful, necessary and proportionate
    for them to do so."

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to The Todal on Fri Jan 10 14:45:51 2025
    On 10/01/2025 09:58 am, The Todal wrote:
    On 09/01/2025 11:32, JNugent wrote:
    On 09/01/2025 08:54 am, Martin Harran wrote:

    The Todal <the_todal@icloud.com> wrote:

    [...]

    I think Boris Johnson's idiot Covid regulations and the confusion among >>>> the public (and the police, and lawyers) about whether you needed a
    valid excuse to walk in a park or down the road, were directly
    responsible for Sarah Everard's murder.

    Whatever the flaws in the Covid regulations, one thing and one thing
    only was *directly* responsible for Sarah Everard's murder - the evil
    that was called Wayne Couzens.

    Indeed.

    The PP seems to have been using "directly" in an unfamiliar sense.


    I think the regulations were directly responsible for Sarah Everard's
    murder.

    In the absence of those regulations, or if the regulations had been more competently designed and publicised, I am sure the murderer would not
    have bluffed her into submitting to arrest.

    I am sure that the word "directly" is not appropriate in that
    circumstance. At best (or actually, at worst), it would be indirect.

    It is wholly unrealistic to say that if she had been better informed
    about the law she could or should have fought back. Nobody in their
    right mind fights a police officer.

    But if there had been no regulations, and if he had said to her "I'm arresting you for wearing inappropriate shoes" or some such, then she
    might have screamed and sought help from a neighbouring householder or passer-by.

    He could have told her she matched the description of a drug dealer who
    had absconded from a nearby scene of crime... or anything, really.

    And that was Covid regs or no Covid regs.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Martin Brown on Fri Jan 10 14:47:44 2025
    On 10/01/2025 10:33 am, Martin Brown wrote:
    On 10/01/2025 09:58, The Todal wrote:
    On 09/01/2025 11:32, JNugent wrote:
    On 09/01/2025 08:54 am, Martin Harran wrote:

    The Todal <the_todal@icloud.com> wrote:

    [...]

    I think Boris Johnson's idiot Covid regulations and the confusion
    among
    the public (and the police, and lawyers) about whether you needed a
    valid excuse to walk in a park or down the road, were directly
    responsible for Sarah Everard's murder.

    The Covid regulations seemed a bit excessive to me at the time
    particularly regarding those who were under 45 and healthy.

    Whatever the flaws in the Covid regulations, one thing and one thing
    only was *directly* responsible for Sarah Everard's murder - the evil
    that was called Wayne Couzens.

    Indeed.

    The PP seems to have been using "directly" in an unfamiliar sense.


    I think the regulations were directly responsible for Sarah Everard's
    murder.

    That is a matter of opinion. They were indirectly responsible because
    they meant that the streets were largely empty and she was out on her own.

    In the absence of those regulations, or if the regulations had been
    more competently designed and publicised, I am sure the murderer would
    not have bluffed her into submitting to arrest.

    That much is probably true. Also he would not have been able to do it if there had been plenty of witnesses on the street.

    It is wholly unrealistic to say that if she had been better informed
    about the law she could or should have fought back. Nobody in their
    right mind fights a police officer.

    That was what the NY police commissioner suggested she should do -
    sanity eventually prevailed and it cost him his job but only after an overwhelming vote of no confidence.

    https://www.bbc.co.uk/news/uk-england-york-north-yorkshire-58915325

    It is exactly what you *would* have to do though if you really believed
    it was a disguised kidnap attempt and a fake policeman (or as in this
    case a bent copper).

    But if there had been no regulations, and if he had said to her "I'm
    arresting you for wearing inappropriate shoes" or some such, then she
    might have screamed and sought help from a neighbouring householder or
    passer-by.

    However, the circumstances were that it was dark, there were no passers
    by or witnesses to the arrest. What I find more worrying is that he
    seemed to have multiple red flags against him and was still a licensed firearms officer. The Met still has serious questions to answer.

    Was there any cause for concern about the way in which he carried out
    his firearm duties?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From GB@21:1/5 to Handsome Jack on Fri Jan 10 15:12:54 2025
    On 09/01/2025 13:57, Handsome Jack wrote:
    On Thu, 9 Jan 2025 11:46:29 +0000, GB wrote:
    The College of Policing is clear that "Like any type of force, officers
    must only use handcuffs when it is lawful, necessary and proportionate
    for them to do so. "


    The widely-published footage of Lucy Letby's arrest showed her being led
    off in handcuffs after the police officers lied their way into her home. Perhaps they thought this rather slight lady might stab them in the
    stomach with an air-filled syringe.


    Putting Letby in handcuffs did look decidedly odd, but maybe the case of
    Tamzin Hall might explain it? She escaped from a police car on the M5,
    and got run over.

    https://www.standard.co.uk/news/crime/girl-motorway-police-car-tamzin-hall-m5-b1194171.html

    It could be argued that someone in Letby's position might be pretty
    desperate?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to The Todal on Fri Jan 10 14:50:13 2025
    On 10/01/2025 02:19 pm, The Todal wrote:
    On 10/01/2025 10:59, GB wrote:
    On 10/01/2025 09:58, The Todal wrote:

    I think the regulations were directly responsible for Sarah Everard's
    murder.

    In the absence of those regulations, or if the regulations had been
    more competently designed and publicised, I am sure the murderer
    would not have bluffed her into submitting to arrest.

    Couzens worked out this particular modus operandi based on the Covid
    regs, but without the regs he'd have worked out some other modus
    operandi.


    It is wholly unrealistic to say that if she had been better informed
    about the law she could or should have fought back. Nobody in their
    right mind fights a police officer.

    But if there had been no regulations, and if he had said to her "I'm
    arresting you for wearing inappropriate shoes" or some such, then she
    might have screamed and sought help from a neighbouring householder
    or passer-by.



    He could have chosen a woman who looked a bit drunk, and arrested her
    for being drunk and disorderly.


    I don't think he would have picked on Sarah Everard but I agree that he probably would have picked on someone else. In fact, one is entitled to
    ask how often police officers arrest drunken young women and then behave improperly towards them - and whether this can ever be prevented. Anyone
    put in a position of power will be tempted to abuse that power.

    And that is why there is a specific offence of misconduct in a public
    office (max. penalty: life imprisonment).

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Jeff on Fri Jan 10 14:52:39 2025
    On 10/01/2025 10:00 am, Jeff wrote:
    On 09/01/2025 11:33, JNugent wrote:
    On 09/01/2025 09:59 am, Jeff wrote:

    The police arrest people illegally *constantly*. They do it whenever
    they feel like it, not least because it's a useful tool of coercion,
    but also because it means they have powers of search, can take DNA
    samples, etc. But it is always illegal unless the arrest is
    *necessary*.
    The system mostly just completely ignores this fact.


    Indeed, there are quite a few cases where people have been arrested
    for murder before the Police even know the cause of death, which
    later turns out not to be murder. In the case of Gaia Pope an arrest
    for murder when she may well have still been alive!

    Should there never be an arrest on suspicion of murder unless and
    until the body of the supposed victim has been found (if at all)?


    That is not what I am saying, but in the Gia Pope case the police very fixated on a suspect that she had made a rape complaint about and they
    took their eye off of the ball on the missing persons search. Precious
    time was lost, and at the time of the arrest she may well still have
    been alive had they looked properly and would have been alive today.

    I don't recall the Gia Pope cae (no bells rung). I'll look it up.

    There are plenty of other cases where the police over step the mark. Arresting someone for causing death by dangerous driving at the scene
    seems a popular one, before accident investigators have assessed what actually happened, and who or what was responsible.

    If alcohol is a factor, arrest is mandatory.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From GB@21:1/5 to The Todal on Fri Jan 10 14:59:37 2025
    On 10/01/2025 14:19, The Todal wrote:

    I don't think he would have picked on Sarah Everard but I agree that he probably would have picked on someone else. In fact, one is entitled to
    ask how often police officers arrest drunken young women and then behave improperly towards them - and whether this can ever be prevented. Anyone
    put in a position of power will be tempted to abuse that power.



    I was driving home one evening, and there was a naked woman standing in
    the road. So, I asked her if she wanted help, and I ended up driving her
    to the local police station.

    When we got there, I went in and asked for a blanket, explaining I had
    picked up a naked woman standing in the road. They didn't bat an eyelid
    and just handed me a blanket. All routine stuff, apparently.

    (No, I don't think it's a false memory!)

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jon Ribbens@21:1/5 to NOTsomeone@microsoft.invalid on Fri Jan 10 16:50:53 2025
    On 2025-01-10, GB <NOTsomeone@microsoft.invalid> wrote:
    On 10/01/2025 10:31, Jon Ribbens wrote:
    Yeah this is the sort of thing I'm on about. Once they've confirmed the
    person's identity and that they are the care home manager and they're
    willing to attend an interview, what possible excuse is there as to why
    arresting them is "necessary"?

    Can anyone complain, or only the person arrested?

    Only the person arrested I would think. And my guess would be that even
    if they won in court they would only get like £50 damages, and that no
    change would occur to police practices.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to NOTsomeone@microsoft.invalid on Fri Jan 10 16:31:59 2025
    On 10 Jan 2025 at 15:12:54 GMT, "GB" <NOTsomeone@microsoft.invalid> wrote:

    On 09/01/2025 13:57, Handsome Jack wrote:
    On Thu, 9 Jan 2025 11:46:29 +0000, GB wrote:
    The College of Policing is clear that "Like any type of force, officers
    must only use handcuffs when it is lawful, necessary and proportionate
    for them to do so. "


    The widely-published footage of Lucy Letby's arrest showed her being led
    off in handcuffs after the police officers lied their way into her home.
    Perhaps they thought this rather slight lady might stab them in the
    stomach with an air-filled syringe.


    Putting Letby in handcuffs did look decidedly odd, but maybe the case of Tamzin Hall might explain it? She escaped from a police car on the M5,
    and got run over.

    https://www.standard.co.uk/news/crime/girl-motorway-police-car-tamzin-hall-m5-b1194171.html

    It could be argued that someone in Letby's position might be pretty desperate?

    Not sure that handcuffs would stop someone jumping out of a car. The problem was presumably negligently leaving her unattended so she could climb into the front seat. Generally I don't suppose the back doors can be opened from the inside, unless they negligently didn't engage the child locks.

    --

    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to Roger Hayter on Fri Jan 10 17:01:19 2025
    On Fri, 10 Jan 2025 16:31:59 +0000, Roger Hayter wrote:

    On 10 Jan 2025 at 15:12:54 GMT, "GB" <NOTsomeone@microsoft.invalid>
    wrote:

    [quoted text muted]

    Not sure that handcuffs would stop someone jumping out of a car. The
    problem was presumably negligently leaving her unattended so she could
    climb into the front seat. Generally I don't suppose the back doors can
    be opened from the inside, unless they negligently didn't engage the
    child locks.

    Where did it say she climbed in the front ?

    I really can't see how someone in handcuffs with a seatbelt on could surreptitiously perform the manoeuvres needed to exit the rear of a car.

    Also, why were they stopped ?

    The whole "report" is very fact-lite. Which may be because there are
    still actions pending.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Mark Goodge@21:1/5 to jethro_uk@hotmailbin.com on Fri Jan 10 17:50:02 2025
    On Fri, 10 Jan 2025 17:01:19 -0000 (UTC), Jethro_uk
    <jethro_uk@hotmailbin.com> wrote:

    On Fri, 10 Jan 2025 16:31:59 +0000, Roger Hayter wrote:

    On 10 Jan 2025 at 15:12:54 GMT, "GB" <NOTsomeone@microsoft.invalid>
    wrote:

    [quoted text muted]

    Not sure that handcuffs would stop someone jumping out of a car. The
    problem was presumably negligently leaving her unattended so she could
    climb into the front seat. Generally I don't suppose the back doors can
    be opened from the inside, unless they negligently didn't engage the
    child locks.

    Where did it say she climbed in the front ?

    I really can't see how someone in handcuffs with a seatbelt on could >surreptitiously perform the manoeuvres needed to exit the rear of a car.

    Also, why were they stopped ?

    The whole "report" is very fact-lite. Which may be because there are
    still actions pending.

    There was an episode of The Bill once where a suspect in custody in the back
    of a police car suffered from travel sickness. The driver stopped to allow
    them to vomit out of the door rather than all over the seat. Having
    evacuated their stomach contents, the suspect then took the opportunity of
    the stationary car and the open door to make a run for it.

    OK, that's fiction. But it wouldn't surprise me at all if something along
    those lines was the reason why a police car stopped on the hard shoulder of
    a motorway and a suspect escapted from it.

    Mark

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to Mark Goodge on Fri Jan 10 18:07:24 2025
    On Fri, 10 Jan 2025 17:50:02 +0000, Mark Goodge wrote:

    On Fri, 10 Jan 2025 17:01:19 -0000 (UTC), Jethro_uk <jethro_uk@hotmailbin.com> wrote:

    On Fri, 10 Jan 2025 16:31:59 +0000, Roger Hayter wrote:

    On 10 Jan 2025 at 15:12:54 GMT, "GB" <NOTsomeone@microsoft.invalid>
    wrote:

    [quoted text muted]

    Not sure that handcuffs would stop someone jumping out of a car. The
    problem was presumably negligently leaving her unattended so she could
    climb into the front seat. Generally I don't suppose the back doors
    can be opened from the inside, unless they negligently didn't engage
    the child locks.

    Where did it say she climbed in the front ?

    I really can't see how someone in handcuffs with a seatbelt on could >>surreptitiously perform the manoeuvres needed to exit the rear of a car.

    Also, why were they stopped ?

    The whole "report" is very fact-lite. Which may be because there are
    still actions pending.

    There was an episode of The Bill once where a suspect in custody in the
    back of a police car suffered from travel sickness. The driver stopped
    to allow them to vomit out of the door rather than all over the seat.
    Having evacuated their stomach contents, the suspect then took the opportunity of the stationary car and the open door to make a run for
    it.

    OK, that's fiction. But it wouldn't surprise me at all if something
    along those lines was the reason why a police car stopped on the hard shoulder of a motorway and a suspect escaped from it.

    It's hard not to suggest this was a Darwinian episode.

    Presumably any driving member of the public who stopped on the hard
    shoulder to allow a passenger to vomit would not see any charges ?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to JNugent on Fri Jan 10 16:33:00 2025
    On 10 Jan 2025 at 14:52:39 GMT, "JNugent" <JNugent73@mail.com> wrote:

    On 10/01/2025 10:00 am, Jeff wrote:
    On 09/01/2025 11:33, JNugent wrote:
    On 09/01/2025 09:59 am, Jeff wrote:

    The police arrest people illegally *constantly*. They do it whenever >>>>> they feel like it, not least because it's a useful tool of coercion, >>>>> but also because it means they have powers of search, can take DNA
    samples, etc. But it is always illegal unless the arrest is
    *necessary*.
    The system mostly just completely ignores this fact.


    Indeed, there are quite a few cases where people have been arrested
    for murder before the Police even know the cause of death, which
    later turns out not to be murder. In the case of Gaia Pope an arrest
    for murder when she may well have still been alive!

    Should there never be an arrest on suspicion of murder unless and
    until the body of the supposed victim has been found (if at all)?


    That is not what I am saying, but in the Gia Pope case the police very
    fixated on a suspect that she had made a rape complaint about and they
    took their eye off of the ball on the missing persons search. Precious
    time was lost, and at the time of the arrest she may well still have
    been alive had they looked properly and would have been alive today.

    I don't recall the Gia Pope cae (no bells rung). I'll look it up.

    There are plenty of other cases where the police over step the mark.
    Arresting someone for causing death by dangerous driving at the scene
    seems a popular one, before accident investigators have assessed what
    actually happened, and who or what was responsible.

    If alcohol is a factor, arrest is mandatory.

    Only after a drug/alcohol test, or a refusal to do one.

    --

    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to All on Fri Jan 10 17:03:14 2025
    On Fri, 10 Jan 2025 14:59:37 +0000, GB wrote:

    On 10/01/2025 14:19, The Todal wrote:

    [quoted text muted]


    I was driving home one evening, and there was a naked woman standing in
    the road. So, I asked her if she wanted help, and I ended up driving her
    to the local police station.

    There are very few men who would do that these days - myself included.

    Admittedly it would be trivial to call the police.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Mark Goodge@21:1/5 to JNugent on Fri Jan 10 18:02:08 2025
    On Fri, 10 Jan 2025 14:52:39 +0000, JNugent <JNugent73@mail.com> wrote:

    On 10/01/2025 10:00 am, Jeff wrote:
    On 09/01/2025 11:33, JNugent wrote:
    On 09/01/2025 09:59 am, Jeff wrote:

    The police arrest people illegally *constantly*. They do it whenever >>>>> they feel like it, not least because it's a useful tool of coercion, >>>>> but also because it means they have powers of search, can take DNA
    samples, etc. But it is always illegal unless the arrest is
    *necessary*.
    The system mostly just completely ignores this fact.


    Indeed, there are quite a few cases where people have been arrested
    for murder before the Police even know the cause of death, which
    later turns out not to be murder. In the case of Gaia Pope an arrest
    for murder when she may well have still been alive!

    Should there never be an arrest on suspicion of murder unless and
    until the body of the supposed victim has been found (if at all)?


    That is not what I am saying, but in the Gia Pope case the police very
    fixated on a suspect that she had made a rape complaint about and they
    took their eye off of the ball on the missing persons search. Precious
    time was lost, and at the time of the arrest she may well still have
    been alive had they looked properly and would have been alive today.

    I don't recall the Gia Pope cae (no bells rung). I'll look it up.

    Gaia Pope.

    https://en.wikipedia.org/wiki/Disappearance_of_Gaia_Pope

    Mark

    --- SoupGate-Win32 v1.05
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  • From JNugent@21:1/5 to All on Fri Jan 10 20:04:05 2025
    On 10/01/2025 06:07 pm, Jethro_uk wrote:
    On Fri, 10 Jan 2025 17:50:02 +0000, Mark Goodge wrote:

    On Fri, 10 Jan 2025 17:01:19 -0000 (UTC), Jethro_uk
    <jethro_uk@hotmailbin.com> wrote:

    On Fri, 10 Jan 2025 16:31:59 +0000, Roger Hayter wrote:

    On 10 Jan 2025 at 15:12:54 GMT, "GB" <NOTsomeone@microsoft.invalid>
    wrote:

    [quoted text muted]

    Not sure that handcuffs would stop someone jumping out of a car. The
    problem was presumably negligently leaving her unattended so she could >>>> climb into the front seat. Generally I don't suppose the back doors
    can be opened from the inside, unless they negligently didn't engage
    the child locks.

    Where did it say she climbed in the front ?

    I really can't see how someone in handcuffs with a seatbelt on could
    surreptitiously perform the manoeuvres needed to exit the rear of a car. >>>
    Also, why were they stopped ?

    The whole "report" is very fact-lite. Which may be because there are
    still actions pending.

    There was an episode of The Bill once where a suspect in custody in the
    back of a police car suffered from travel sickness. The driver stopped
    to allow them to vomit out of the door rather than all over the seat.
    Having evacuated their stomach contents, the suspect then took the
    opportunity of the stationary car and the open door to make a run for
    it.

    OK, that's fiction. But it wouldn't surprise me at all if something
    along those lines was the reason why a police car stopped on the hard
    shoulder of a motorway and a suspect escaped from it.

    It's hard not to suggest this was a Darwinian episode.

    Presumably any driving member of the public who stopped on the hard
    shoulder to allow a passenger to vomit would not see any charges ?

    It would be an emergency.

    That's what the hard shoulder is there for.


    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to JNugent on Fri Jan 10 20:18:42 2025
    On 10 Jan 2025 at 20:04:05 GMT, "JNugent" <JNugent73@mail.com> wrote:

    On 10/01/2025 06:07 pm, Jethro_uk wrote:
    On Fri, 10 Jan 2025 17:50:02 +0000, Mark Goodge wrote:

    On Fri, 10 Jan 2025 17:01:19 -0000 (UTC), Jethro_uk
    <jethro_uk@hotmailbin.com> wrote:

    On Fri, 10 Jan 2025 16:31:59 +0000, Roger Hayter wrote:

    On 10 Jan 2025 at 15:12:54 GMT, "GB" <NOTsomeone@microsoft.invalid>
    wrote:

    [quoted text muted]

    Not sure that handcuffs would stop someone jumping out of a car. The >>>>> problem was presumably negligently leaving her unattended so she could >>>>> climb into the front seat. Generally I don't suppose the back doors
    can be opened from the inside, unless they negligently didn't engage >>>>> the child locks.

    Where did it say she climbed in the front ?

    I really can't see how someone in handcuffs with a seatbelt on could
    surreptitiously perform the manoeuvres needed to exit the rear of a car. >>>>
    Also, why were they stopped ?

    The whole "report" is very fact-lite. Which may be because there are
    still actions pending.

    There was an episode of The Bill once where a suspect in custody in the
    back of a police car suffered from travel sickness. The driver stopped
    to allow them to vomit out of the door rather than all over the seat.
    Having evacuated their stomach contents, the suspect then took the
    opportunity of the stationary car and the open door to make a run for
    it.

    OK, that's fiction. But it wouldn't surprise me at all if something
    along those lines was the reason why a police car stopped on the hard
    shoulder of a motorway and a suspect escaped from it.

    It's hard not to suggest this was a Darwinian episode.

    Presumably any driving member of the public who stopped on the hard
    shoulder to allow a passenger to vomit would not see any charges ?

    It would be an emergency.

    That's what the hard shoulder is there for.


    I'm not convinced; they don't stop aeroplanes in similar circumstances. Not unless they are vomitting copious blood, anyway.

    --

    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Roger Hayter on Fri Jan 10 20:21:57 2025
    On 10/01/2025 08:18 pm, Roger Hayter wrote:
    On 10 Jan 2025 at 20:04:05 GMT, "JNugent" <JNugent73@mail.com> wrote:

    On 10/01/2025 06:07 pm, Jethro_uk wrote:
    On Fri, 10 Jan 2025 17:50:02 +0000, Mark Goodge wrote:

    On Fri, 10 Jan 2025 17:01:19 -0000 (UTC), Jethro_uk
    <jethro_uk@hotmailbin.com> wrote:

    On Fri, 10 Jan 2025 16:31:59 +0000, Roger Hayter wrote:

    On 10 Jan 2025 at 15:12:54 GMT, "GB" <NOTsomeone@microsoft.invalid> >>>>>> wrote:

    [quoted text muted]

    Not sure that handcuffs would stop someone jumping out of a car. The >>>>>> problem was presumably negligently leaving her unattended so she could >>>>>> climb into the front seat. Generally I don't suppose the back doors >>>>>> can be opened from the inside, unless they negligently didn't engage >>>>>> the child locks.

    Where did it say she climbed in the front ?

    I really can't see how someone in handcuffs with a seatbelt on could >>>>> surreptitiously perform the manoeuvres needed to exit the rear of a car. >>>>>
    Also, why were they stopped ?

    The whole "report" is very fact-lite. Which may be because there are >>>>> still actions pending.

    There was an episode of The Bill once where a suspect in custody in the >>>> back of a police car suffered from travel sickness. The driver stopped >>>> to allow them to vomit out of the door rather than all over the seat.
    Having evacuated their stomach contents, the suspect then took the
    opportunity of the stationary car and the open door to make a run for
    it.

    OK, that's fiction. But it wouldn't surprise me at all if something
    along those lines was the reason why a police car stopped on the hard
    shoulder of a motorway and a suspect escaped from it.

    It's hard not to suggest this was a Darwinian episode.

    Presumably any driving member of the public who stopped on the hard
    shoulder to allow a passenger to vomit would not see any charges ?

    It would be an emergency.

    That's what the hard shoulder is there for.


    I'm not convinced; they don't stop aeroplanes in similar circumstances.

    You're right. They don't.

    I wonder WHY they don't stop on the hard shoulder?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to JNugent on Fri Jan 10 20:25:13 2025
    On 10 Jan 2025 at 20:05:49 GMT, "JNugent" <JNugent73@mail.com> wrote:

    On 10/01/2025 04:33 pm, Roger Hayter wrote:
    On 10 Jan 2025 at 14:52:39 GMT, "JNugent" <JNugent73@mail.com> wrote:

    On 10/01/2025 10:00 am, Jeff wrote:
    On 09/01/2025 11:33, JNugent wrote:
    On 09/01/2025 09:59 am, Jeff wrote:

    The police arrest people illegally *constantly*. They do it whenever >>>>>>> they feel like it, not least because it's a useful tool of coercion, >>>>>>> but also because it means they have powers of search, can take DNA >>>>>>> samples, etc. But it is always illegal unless the arrest is
    *necessary*.
    The system mostly just completely ignores this fact.


    Indeed, there are quite a few cases where people have been arrested >>>>>> for murder before the Police even know the cause of death, which
    later turns out not to be murder. In the case of Gaia Pope an arrest >>>>>> for murder when she may well have still been alive!

    Should there never be an arrest on suspicion of murder unless and
    until the body of the supposed victim has been found (if at all)?


    That is not what I am saying, but in the Gia Pope case the police very >>>> fixated on a suspect that she had made a rape complaint about and they >>>> took their eye off of the ball on the missing persons search. Precious >>>> time was lost, and at the time of the arrest she may well still have
    been alive had they looked properly and would have been alive today.

    I don't recall the Gia Pope cae (no bells rung). I'll look it up.

    There are plenty of other cases where the police over step the mark.
    Arresting someone for causing death by dangerous driving at the scene
    seems a popular one, before accident investigators have assessed what
    actually happened, and who or what was responsible.

    If alcohol is a factor, arrest is mandatory.

    Only after a drug/alcohol test, or a refusal to do one.

    The point is that there are cases where there is no need to wait for "accident investigators" to carry out an investigation and where doing
    so may well undermine the adminsitration of justice. Alcohol is an example.

    Also if the driver refuses to identify himself, or is a flight risk, for instance when driving a stolen car. But it seems to have become routine to arrest drivers in all such accidents.

    --

    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Roger Hayter on Fri Jan 10 20:05:49 2025
    On 10/01/2025 04:33 pm, Roger Hayter wrote:
    On 10 Jan 2025 at 14:52:39 GMT, "JNugent" <JNugent73@mail.com> wrote:

    On 10/01/2025 10:00 am, Jeff wrote:
    On 09/01/2025 11:33, JNugent wrote:
    On 09/01/2025 09:59 am, Jeff wrote:

    The police arrest people illegally *constantly*. They do it whenever >>>>>> they feel like it, not least because it's a useful tool of coercion, >>>>>> but also because it means they have powers of search, can take DNA >>>>>> samples, etc. But it is always illegal unless the arrest is
    *necessary*.
    The system mostly just completely ignores this fact.


    Indeed, there are quite a few cases where people have been arrested
    for murder before the Police even know the cause of death, which
    later turns out not to be murder. In the case of Gaia Pope an arrest >>>>> for murder when she may well have still been alive!

    Should there never be an arrest on suspicion of murder unless and
    until the body of the supposed victim has been found (if at all)?


    That is not what I am saying, but in the Gia Pope case the police very
    fixated on a suspect that she had made a rape complaint about and they
    took their eye off of the ball on the missing persons search. Precious
    time was lost, and at the time of the arrest she may well still have
    been alive had they looked properly and would have been alive today.

    I don't recall the Gia Pope cae (no bells rung). I'll look it up.

    There are plenty of other cases where the police over step the mark.
    Arresting someone for causing death by dangerous driving at the scene
    seems a popular one, before accident investigators have assessed what
    actually happened, and who or what was responsible.

    If alcohol is a factor, arrest is mandatory.

    Only after a drug/alcohol test, or a refusal to do one.

    The point is that there are cases where there is no need to wait for
    "accident investigators" to carry out an investigation and where doing
    so may well undermine the adminsitration of justice. Alcohol is an example.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Adam Funk@21:1/5 to All on Mon Jan 13 12:23:29 2025
    On 2025-01-10, GB wrote:

    On 10/01/2025 14:19, The Todal wrote:

    I don't think he would have picked on Sarah Everard but I agree that he
    probably would have picked on someone else. In fact, one is entitled to
    ask how often police officers arrest drunken young women and then behave
    improperly towards them - and whether this can ever be prevented. Anyone
    put in a position of power will be tempted to abuse that power.



    I was driving home one evening, and there was a naked woman standing in
    the road. So, I asked her if she wanted help, and I ended up driving her
    to the local police station.

    When we got there, I went in and asked for a blanket, explaining I had
    picked up a naked woman standing in the road. They didn't bat an eyelid
    and just handed me a blanket. All routine stuff, apparently.

    (No, I don't think it's a false memory!)

    I was expecting a punchine.

    Do you live near a "dogging hotspot"?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Adam Funk on Mon Jan 13 20:05:17 2025
    On 13/01/2025 12:23 pm, Adam Funk wrote:

    On 2025-01-10, GB wrote:
    On 10/01/2025 14:19, The Todal wrote:

    I don't think he would have picked on Sarah Everard but I agree that he
    probably would have picked on someone else. In fact, one is entitled to
    ask how often police officers arrest drunken young women and then behave >>> improperly towards them - and whether this can ever be prevented. Anyone >>> put in a position of power will be tempted to abuse that power.

    I was driving home one evening, and there was a naked woman standing in
    the road. So, I asked her if she wanted help, and I ended up driving her
    to the local police station.

    When we got there, I went in and asked for a blanket, explaining I had
    picked up a naked woman standing in the road. They didn't bat an eyelid
    and just handed me a blanket. All routine stuff, apparently.

    (No, I don't think it's a false memory!)

    I was expecting a punchine.
    Do you live near a "dogging hotspot"?

    Years ago, (certainly more than forty, maybe not quite fifty), a family acquaintance was driving his licensed taxi in Liverpool. It was a
    weekday, quite late at night, not many people about.

    In a thoroughfare called Marmaduke Street, he too saw a naked woman out
    and about and obviously in fear and distress. He wrapped a coat around
    her and took her to the nearest police station (which wasn't very far away).

    It turned out that a former spurned paramor of hers had come to her flat
    and had heard her and his replacement doing things in bed. He crept in
    and stabbed the new bloke in the neck. The lady concerned, fearfyl for
    her life, fled out into the night.

    She knew who the killer was and he was arrested. A trial followed and he
    was (obviously) convicted of murder.

    At that time, "dogging" hadn't been heard of, but a built-up area like
    that would - as I understand it - not be a favoured spot for that pastime.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)