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Police harrasment - legal advice?

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FreshAL
Sir Crashalot



Joined: 04 Jul 2005
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PostPosted: 12:28 - 16 Mar 2006    Post subject: Police harrasment - legal advice? Reply with quote

Hi,

A couple of my friends were treated unacceptably by the police on Tuesday night, just hoping some of you can offer some advice.

Sorry it's a bit long, but it's a long story...

(This really is my mates not me!)

They we out clubbing, bit pissed and generally having a great time. They were grabbed by the bouncers and taken to a back room, and accused of stealing two bottles of spirits from behind the bar. They are both genuine, nice people and really wouldn't do this. One is an ambulance driver, and one a teacher - not your average crims!

They were shown CCTV footage of a hand reaching out from behind a pilliar and grabbing a bottle of vodka and a bottle of bacardi. The person on the tape was wearing a light coloured shirt, similar to my friend. The tape didn't positively identify either of them - the theif was hidden behind the pillar. The bottles were never found.

The police were called, and arrested and handcuffed both of them. These are two of the nicest, least violent people I've ever met - dedicated pacifists! They were told they couldn't see any more evidence unless they were charged and spent a night in the cells. Both would have faced losing their jobs for that.

The police marched them to a cashpoint (in handcuffs) and 'fined' them £30 each. The money was given to the club as 'compensation', and they were forced to apologise - for something they HAD NOT DONE.

Both of them talk about feeling intimidated, threatened and bullied. They were both drunk, and in no fit state to give any defence, nor were they offered a chance to contact anyone.

Looks like the police state is here Evil or Very Mad

They are putting in a complaint to the IPCC, is it worth getting a solicitor as well?

thanks
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 12:55 - 16 Mar 2006    Post subject: Re: Police harrasment - legal advice? Reply with quote

I would at the very least get a solictor that offers a half hour free consultation.
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 13:01 - 16 Mar 2006    Post subject: Reply with quote

Hi

Definatly worth getting some proper advice. However it does sound very strange (eg, suspect being charged is pretty irrelevant to being shown the evidence until it gets to court, don't think the police are allowed to continue questioning someone about an offence they have already charged someone with).

Only a court can hand out a fine. Any other is null and void.

All the best

Keith
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FreshAL
Sir Crashalot



Joined: 04 Jul 2005
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PostPosted: 13:15 - 16 Mar 2006    Post subject: Reply with quote

That's what makes me so angry about this - they are very passive people, and would easily be bullied by a couple of thugs in uniform. Especially whne they are pissed.

Why don't the cops ever pick on anyone who'll defend their rights? (What little we have left)

Evil or Very Mad
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XS1954
Spanner Monkey



Joined: 22 Nov 2003
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PostPosted: 19:41 - 16 Mar 2006    Post subject: Reply with quote

First of all I would call the police force in question and ask to be put through to the Professional Standards Unit. The complaint has to be made by one of your friends though as it was them who were arrested. If an official complaint is made then they will be interviewed as will the officers in question.

If the CCTV was not good enough evidence wise then I can only presume they were arrested on suspicion of theft on the advice of the doormen.
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XS1954
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Joined: 22 Nov 2003
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PostPosted: 19:46 - 16 Mar 2006    Post subject: Reply with quote

Kickstart wrote:
Only a court can hand out a fine. Any other is null and void. Keith


Police can issue fines for minor things such as public order offences and being drunk etc. This replaces the need to arrest people but the fine is £80 so I don't understand the £30 fine issued.
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Paivi
World Chat Champion



Joined: 30 Sep 2005
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PostPosted: 19:59 - 16 Mar 2006    Post subject: Reply with quote

Call me cynical but the first thing that came to my mind was that the 'coppers' were not coppers but some thugs posing as such to scam drunk customers out of money.

Last edited by Paivi on 20:14 - 16 Mar 2006; edited 1 time in total
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XS1954
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Joined: 22 Nov 2003
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PostPosted: 20:06 - 16 Mar 2006    Post subject: Reply with quote

You are most probably correct paivi. It sounds strange to walk someone to a cash point for money. The police are not allowed to do this. Money is paid in the same fashion as a speeding ticket i.e you pay the ticket office.
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syl
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PostPosted: 15:42 - 17 Mar 2006    Post subject: Reply with quote

I take it that the most important thing here is get back at the coppers that did it rather than to get the £30 back.

What the coppers did sounds completely illegal to me. I think that the best way of sorting all of this out would be to give the story to the newspapers, preferably a big national one but at least to the local one. That will cause the most embarrasment and generally things that threaten to cause ongoing public embarrasment get sorted out quickly.

Failing that, complain. As your complaint is of a criminal nature (fraud and theft) then it will have to be dealt with by the crown prossecution service for their opinion too.
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 15:46 - 17 Mar 2006    Post subject: Reply with quote

Paivi wrote:
Call me cynical but the first thing that came to my mind was that the 'coppers' were not coppers but some thugs posing as such to scam drunk customers out of money.

Would have thought that's pretty dangerous on a Friday night, loads of cops around and they'd probably chat to other random cops walking about.
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 15:48 - 17 Mar 2006    Post subject: Reply with quote

Simon wrote:
Police can issue fines for minor things such as public order offences and being drunk etc. This replaces the need to arrest people but the fine is £80 so I don't understand the £30 fine issued.


Legally I do not think that is a fine, some odd wording is used (penalty charge) which is dubiously legitimate under the bill of rights.

All the best

Keith
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Rookie
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Joined: 09 Feb 2005
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PostPosted: 16:05 - 17 Mar 2006    Post subject: Reply with quote

Paivi wrote:
Call me cynical but the first thing that came to my mind was that the 'coppers' were not coppers but some thugs posing as such to scam drunk customers out of money.


Or possibly a couple of bent coppers making a quick £30 each on the side?

They knew the evidence wasn't good enough, so they took advantage of a couple of drunk people. I bet it happens fairly often.
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Dazbo666
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Joined: 06 Jun 2004
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PostPosted: 16:09 - 17 Mar 2006    Post subject: Re: Police harrasment - legal advice? Reply with quote

FreshAL wrote:
.... The tape didn't positively identify either of them - the thief was hidden behind the pillar....

....The police marched them to a cashpoint (in handcuffs) and 'fined' them £30 each.... for something they HAD NOT DONE....

....in no fit state to give any defence, nor were they offered a chance to contact anyone.....



Damn right I'd make an official complaint.

From what you've said, there was no positive proof of ID, what sounds like no charges officially made, an unofficial fine, and no offer of legal assistance??? Evil or Very Mad
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Dazbo666
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PostPosted: 16:10 - 17 Mar 2006    Post subject: Re: Police harrasment - legal advice? Reply with quote

FreshAL wrote:
.... The tape didn't positively identify either of them - the thief was hidden behind the pillar....

....The police marched them to a cashpoint (in handcuffs) and 'fined' them £30 each.... for something they HAD NOT DONE....

....in no fit state to give any defence, nor were they offered a chance to contact anyone.....



Damn right I'd make an official complaint.

From what you've said, there was no positive proof of ID, what sounds like no charges officially made, an unofficial fine, and no offer of legal assistance??? Evil or Very Mad
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