Police officers, your help required!!!!

[superstacker]

Requiring the help of the police officers online here, to give the BCF forum some invaluable information:

Picture the scene, you approach your motorcycle parked somewhere, and you see a burburry clad toe rag of a thief pushing your bike down the road.
What are your legal rights in

a)a citizens arrest for theft or attempted theft of said bike
b)recovering said stolen goods.

I believe the law allows you to use reasonable force to recover your stolen goods, which can include a single "incapacitiating blow". Im also vaguely aware that citizens arrests are legal, but ive only been involved in them as a serviceman protecting MOD property, not as a civilian!

Lets try some preventative policing shall we officers, so that the majority of guys on this site know exactly where they stand!

[BrokenNinja]

Hmm, I'm not sure you get many Cop's on this forum replying to this post, purely because they will probably want to remain annonymous, but if this helps here's the answers according to my wife who's a law student. (extracts from butterworths law apparently)

a) A citizens arrest can be made by any person who witnesses a crime being committed. They are also empowered to use what ever force is reasonable to protect, themselves and their property. But don't forget this is 'subjective'

b)You can then retain the 'stolen goods' until the rightful owner is contacted or hand them over to the police. If they can not find an owner then you as the finder can make a claim on the property after 28 days.

Hope this helps.

[Mr.Everready]

There's 2 but there were 3 until last week !
____________________
the undemocratically unelected mod of the Scottish section

[superstacker]

A few cops didnt want to be annonymous when they were defending the actions of our firearms trained 160mph speeding friend!

Its not so much for me, but for everyone.

So would you have to call the police after getting your own bike back?

[Mr.Everready]

I would call them.
If you saw someone wheeling you bike down the road you wouldn't wank the cnut arrested ?
____________________
the undemocratically unelected mod of the Scottish section

[EuropeanNC30R...]

Judging from some other peoples experience on here, they wouldn't bother turning up

[killa]

There are not enough police walking the streets.
Especially the areas most needed, driving around in Mercs and Accords for an is lazy.
____________________
Cleverly disguised as a responsible adult.
Bike:- Yamaha TRX850 | Killas Biking History | Killas Gaming History | Killas autmotive history

[numark1]

I would give him a swift blow to the top of his neck/windpipe, knock him clean out then cable tie him to a lamp post starkers.

[Itchy]

not a cop

BUt Isn't there a defence of force majeur? in that you comit a crime to prevent a crime , ie you hit him over the head and then say you commited the crime of assault to prevent him using the bike in say a drive by?

[G]

Have a google for 'citizens arrest'. When this was mentioned before I did and there's loads of good stuff out there about it.

[binge]

Not sure. But If I saw someone wheeling my bike down the road, Id give them a bloody good go at a fight no matter how big.

I cant say "Id floor the cunt" Because I may not be able to, They might be bigger / harder than me. But Id surely give it my best shot.

Failing that, If I was sure it was my bike, and was also sure it was a theif, Id probably run at them and crack them over the skull with a brick or somthing.

<|Ben|>

[Jewell]

if i was a civvy i would of called the police and followed him.

if you whack him and bruise/cut his face....he could sue easily

people have too many rights,police need more power as people under the age of 18 are little bastids and get away with most things.

about 5 days ago there was a 14 year old las near my area that was trying to beat up a copper.....he arrested her......then let her go....she then bricked his car door and bite/punched him......and theres nout you can do really.....just take it

more to the story but gotta go now....on break

[mchaggis]

Surely being assaulted by someone under the age of 18 is just the same as being assaulted by someone over that age? You should be entitled to defend yourself with reasonable/ an appropriate level of force? After all, I'm sure there are plenty of muggers about who aren't even 18 yet.
____________________
I must not be a troll...
Mmmm, Guinness
Discovering the delights of Hammerite and a 3/4" brush.

[headlamp]

Interesting dilemma. Any assertive action against the thief will result in him dropping the bike causing damage. Shouting at him will also lead him to dropping the bike and legging it.

Therefore the best course of action is to go up behind him and kick him quite hard where the knee bends. This will cause him to buckle and the momentum and weight of the bike will cause it to fall on him - thus saving the bike from damage and pinning the thief at the same time.
____________________
Using a mobile phone while driving a car should be made a capital offence!

[biggerjohn]

[instigator]

Not sure on the legal side of things, sorry.

However, if someone was attempting to steal my bike, I'd stop them in whatever way I could. The police would be the last thing on my mind. Personally, I'd rather try and beat the crap out of them than them get a slap on the wrist or community service. Under 18,17 hell under 12 years of age, I don't care. Try and take something thats mine and I'll do my best to stop you, with or against the law. They've got weapons, I'll do my best to get one myself or improvise.

My priority would be to get the thief, not the bike. Thats jsut me. They could drop the bike and run, I'd still go straight for the thief. Mind you, I'm a skinny malinky and never bought anyone but its a state of mind. Let him/her sue if they want, if I gave them a pasting, I'd be content with that. They'd only get another after court.

People are too scared of the police these days and what's against the law.

[Black Knight]

AFAIK dead people don't have rights and are unable to sue.
____________________
Where does a turn end? 'Where you can do anything with the gas you want to, where you are brave again, where your attention is free from the turn, where you are sure you can do it better next time; that's the end' - Keith Code.

[BlackSheep]

[gimpy limp]

I had chavs pick a fight with me because I said they were all thieving pikeys (that's all I said, nothing else), one in my face another behind throwing a punch, one punch from me gave the one of them 6 stitches and he was crying after about 10 minutes, they called the cops and about 5 of them turned up in vans. They took me away because the chavs rang them first (pick a fight, lose then call the cops they did) and their was alot more of them bruised and battered and one of me with not a scratch. After a looooong blooming day in the cell the cops told me that if they wanted to sue me they could (the chavs that is, not the police) because the evidence was in their favour and I should forget about it and hope they don't prosecute me for defending myself.

If you see someone stealing your bike sneak up behind them, a kick in the nuts, take your bike back leave him their and try not to bring too much attention to the pair of you. I'll NEVER involve the police with anything ever.
____________________
-=[Sam/b]=- cx500's the only way to travel, we do it in style just like jimmy saville
msn addy - sam.barwick@ntlworld.com
https://pre-auto.com/cx500/rat_and_survival_gallery_2006

[R6jonny]

i would post a nice in depth reply to this but as mine and JohnnyXX replies to the last police post got disregarded and considering how everyone else knows my job better than me i dont think ill bother....

...but maybe im just too cynical
____________________
Honda NSR125 - Yamaha R6 - Ducati 748 - Suzuki GSXR750K6/GSXR1000K7/GSXR750K8 - Ducati 848 - Honda SP1 - Triumph Daytona 675
"simply because she is a female and is thus her actions largely make no sense whatsoever by default"

[superstacker]

[R6jonny]

yes that must be it
____________________
Honda NSR125 - Yamaha R6 - Ducati 748 - Suzuki GSXR750K6/GSXR1000K7/GSXR750K8 - Ducati 848 - Honda SP1 - Triumph Daytona 675
"simply because she is a female and is thus her actions largely make no sense whatsoever by default"

[superstacker]

Well this was an oppertunity for a few members to do something positive, and inform everyone what their rights are, as stolen bikes are a hot topic at the moment.

People arnt going to have a go at the few police officers on here for imparting their knowledge on how best to protect or recover their property.

Its comments along the lines of "no one listens to what i say", that annoy me. I apologise if you found my post abusive but as police officers it would have taken you a few minutes of your time to recite the basic law as you probably know it anyway.

Im sure it wasnt too much to ask for some advice.

[R6jonny]

ok.....was bein a lil bitchy i guess


right so some scrote is walkin off pushing ur bike along

basically in the act of commiting theft...of some subsection or other dependent on other factors blah not too important

anyway the theft will be an arrestable offence ie carries a possible sentence of 5 yrs or more , defined by law as arrestable or the penalty fixed by law such as murder..which means that you can make a "citizens arrest"

so you can make a citizens arrest ...
..
for which you are allowed to use reasonable force...


reasonable in the eyes of a "normal" person....so assuming they are similar in stature to yourself ...

they are unarmed...it would be unreasonable to batter them senseless with a bat (unfortunately)

if they are armed and you are in fear of injury / your life etc then the level of force will most likely change too


it all depends on what the circumstances are

whatever action you take has to proportionate to teh threat and necessary to facilitate what you want to do

IMO if you make teh choice to strike somebody then make it one good hit.....nothing looks worse than hitting someone twenty times even if they are tarty punches

basically you are then allowed to detain the person again using reasonable force until the police arrive ..

at the end of the day unless you really batter soeone senseless and sit on him while u wait for police theres not many cops who will do you ....

do what needs to be done but no more basically....
____________________
Honda NSR125 - Yamaha R6 - Ducati 748 - Suzuki GSXR750K6/GSXR1000K7/GSXR750K8 - Ducati 848 - Honda SP1 - Triumph Daytona 675
"simply because she is a female and is thus her actions largely make no sense whatsoever by default"

[VTR SP1]

The most important thing for me would be making sure my bike don't get damaged.

I would grab hold of the bike and put it on it's stand then worry about getting the scrote who tried to nick it.

Once you have hold of him this applies.

Section 3 Criminal Law Act 1967 and Section 3 Criminal Law
Act (Northern Ireland) 1967
3.2 ‘A person may use such force as is reasonable in the circumstances in the prevention of crime,
or in the effecting or assisting in the lawful arrest of offenders or suspected
offenders or of persons unlawfully at large’

Just don't do anything over the top.

SP1