anon_dad

A new topic to compare this thread

http://www.scoobynet.co.uk/bbs/thread.asp?ThreadID=280933
(summary of the previous thread, my son was arrested for GBH for a playground accident)



to the following

My sisters son (about 22) and a group of others were jumped from behind as they left a night club, they had had no previous contact with the other group

My sisters son was punched to the floor and as he lay he was kicked in the head several times, the whole thing was witnessed by a number of other people including
Passersby, bouncers and an off duty policeman who chased the offender and brought him down

They kept the offender for three days and then let him go because “insufficient evidence”
(after all those witnesses!)


madness complete madness


how can I get out of this joke of a country

pugoetru

Bet if it was tonys son they would have found evidence

ALi-B

iTrader: (1)

It always has stunk

I am amazed at the "insufficient evidance" excuse. What of the photos of the bruises and cuts? And forensics - i.e Matching the shoes with the injuries from kicking, DNA etc. And a witness being a Police Officer? That one has had me baffled

I can understand witnesses not comming forward, as unfortunatly it means that witnesses have to a make statemants and use up their time(for which they need to be at work, looking after kids etc) to go down stations. And if it ever got to court, once again more hassle and time. Plus fear of any backlash (you never know). And the fact that in most situations like this, he would probably just get away with a warning or suspended sentance or some other lame punishment - So many people probably think whats the point?

[Edited by ALi-B - 12/15/2003 10:58:07 AM]

Luke

Blame the entire population of this country.

No one wants to stand up and demand changes.

Leslie

Thats true!

tiggers

I'm with Luke on this!

The UK - everyone moans - no one does anything!!!!

tiggers.

iDLe*

They kept him for 3 days!? You sure I thought it was 24 hrs without a charge and your off, was last time I popped in and paid a visit to the local plod!

Nathan L

It is 24 hours.

Nathan..

Felix.

Yep. 24 hrs total custody time, then they need to either charge or release (this won't include the time spent on police bail, where the custody clock stops).

'insufficient evidence'. The current policy of police charging someone to court is 'beyond reasonable doubt'. The case then goes to the CPS who have to be satisfied that there will be about a 75% chance of conviction at court. If the answer to these points is no then it will fall into 'insufficient evidence'. The problem with most assaults is that you can have a million witnesses, but if you don't have anyone (independent) who can say '..... I clearly saw male 1 punch male 2 to the face causing him injuries....', you won't have enough evidence against the suspect.

Forensics (DNA etc..) will not be able to prove who has hit who - it will merely place someone at the scene. Foot marks on injuries also don't tend to work due to the swelling. Photos of injuries again will not prove who has hit who and the police officer will only be treat as another witness.

I know its unfortunate and frustrating but sometimes there is just not the evidence there.

sorry

iDLe*

So just to clear this up, there was no way he would have spent 3 days in the nick no matter what?

Just thought it seemed a little odd.

Nathan L

A Police officer of the rank of superintendent or above, who is responsible for the police station at which a person is detained may authorise detention without charge for up to 36 hours after the relevant time if arrested for a serious arrestable offence.

After this time a warrant would have to be obtained from a Magistrates court. Again this would have to be for a serious arrestable offence.

The relevant time = time of arrival at the first police station taken to after arrest. An Assualt, even GBH with intent is not a serious arrestable offence.

So the max would be 24 hours for this offence.