Wrongful Arrest?

[pompeyfaith]

Totally disgusted. I believe you need to at least get them to withdraw the caution. the thing about a caution is that you are you asked (usually) to accept it it, therefore an admission of guilt.

 

This is true it is on tape that i accepted the caution under mitigating curcumstances.

 

But a caution i believe can be overturned.

[pompeyfaith]

Oh by the way he had three tapes and i believe one of those should haave been mine.

 

I did not get this.

 

PF

[middenmess]

Only been interviewed under caution once [not Police] and two tapes were recorded.

 

'Can I have a copy please?'

'No,you are not entitled to one but you may ask your legal representative to obtain one for you'

'I am not legally represented'

'You won't be getting a copy of the tape then'

'Thanks for being a tw*t'

'You're welcome'

[pompeyfaith]

they said one copy was mine but as im not being charged i dont need it

[pompeyfaith]

anyone know what happens to those tapes?

[gezwee]

anyone know what happens to those tapes?

 

Depending on the force, allegedly stored electronically for 3 years - hard copy transcripts can also be produced (still 3 years less than your DNA or prints!!) couldnt point you to the legal requirements but pretty sure a sound sols would. Request a copy is retained in the same letter to CC, basically its a matter of requesting that they retain all data until such time that proceedings commence. If they 'lose' or overwrite data after your written request they would have a very hard time explaining either in house or to magistrate. If you have accepted a caution without duress it would be in their interest to retain all data in support of their position, if lost they don't really aid their stance.

[middenmess]

On a lighter note

 

anyone know what happens to those tapes?

 

 

Probably be available on ebay next week:D

 

I won't be bidding though--I'm waiting for the video to appear on u-tube!

[pompeyfaith]

there is no DNA or FINGER PRINTS they did not take any

[gezwee]

there is no DNA or FINGER PRINTS they did not take any

 

Yeah, I read that in earlier post........ seems all a bit too convenient for the boys in blue, surely you'd need to be interviewed under caution to receive a formal caution and I've yet to see a force advocating no DNA or prints on cautionable arrest. Were you even advised of your rights prior to or during interview?

 

I'd get that letter off asap and seek legal guidance/aid if available to see whats been going on.

[pompeyfaith]

will do and thank you all

[natalie]

I thought fingerprinting was part of the "checking in" process when someone is arrested?

 

As I mentioned before, Liberty will be able to give you the name of a civil liberties solicitor if you cnat find one in your area.

 

Make sure you get photos of your injuries.

[bedlington83]

neither a Brazillian electrican on the London Underground or a newspaper vendor trying to make his way home close to the area where a rally had just taken place.

Nor a deaf Scotsman with a table leg in a plastic bag

[middenmess]

Nor a deaf Scotsman with a table leg in a plastic bag

 

All so tragic and so devastating for their families.

 

Let's hope that the investigation of PF's bad experience will bring improvements to the way in which other people are dealt with by the Police in similar circumstances.

 

Are you back from the Doctors Pompey?

[pompeyfaith]

Hiya Middenmess,

 

Yes just got back the GP was disgusted by the way I was treated and he is going to forward me a letter detailing my medical history etc addressed to the police.

 

He has put me on anti-depressants and stronger heart pressure pills as my BP was high.

 

There was not a lot he could with my swollen wrist except tell me to take pain killers it is not actually damaged just swollen from the tightness of the cuffs.

 

Right back to my complaint letter.

 

Regards

 

PF

[middenmess]

Don't forget to take a photo of your wrist!

 

 

Take it with a copy of today's paper alongside!

[kurvaface]

Don't forget to take a photo of your wrist!

 

 

Take it with a copy of today's paper alongside!

 

 

Or today's CAG if you don't want to fork out for a paper

[pompeyfaith]

at least i have it on my medical record now aswell PF

[middenmess]

...........and how's the dog?

[pompeyfaith]

recovering well hehe she charges around and forgets she has a cast on she is very brave and im so lucky in that respect

[Jamesx81x]

The arrest and detention of one person by another is a trespass unless it is justified, the onus being on the detainer to establish that justification.

 

If you can prove the arrest was unjustified then you sue them for damages as it comes under tort law (civil wrong doing).

 

A decent solicitor would take this on for you.

[pompeyfaith]

Ok All what you think of this will it cut the mustard

 

Eastleigh Police Station

Leigh Road

Eastleigh

Hampshire My Ref

SO50 9DG Your Ref:

Complaint

Dear CI ,

Please accept this letter as the start of my complaint for wrongful arrest.

At 07:30 hrs I set of from my home to Macqueen’s Veterinary Centre in Devizes Wilts to get some urgent treatment for my beautiful Dog she was involved in an RTA at the beginning of October and needed anaesthetic treatment for a dislocated leg this is relevant as she was in my care and was the reason my son was with me as I was driving.

On the way home my son informed me on the M3 that he needed the toilet so I came of at the next junction which was junction 5 and headed for Southampton airport as I thought this would be the nearest not knowing the area that well on our return back to junction 5 there was a queue of traffic between the Wide Lane roundabout and the motorway enter/exit roundabout so I remained in this queue until it was my turn to go with that a driver in a Silver bmw cut me up.

Rightly so I remained cool and ignored it although I will add it did put drivers in the opposite direction in danger with that my son made a hand gesture in disgust, this I immediately dealt with and gave him a good telling off that should have been the end of the matter it did not require police intervention and if it did they could off just gave him a warning at the side of the road.

I am also of the believe the actions of the bmw driver was more serious because he put the traffic in the opposite direction in danger but this was overseen by the police officer behind me at the roundabout.

I got back onto the M27 motorway at junction 5 and continued my journey at a speed of between 55/60 mph in lane 1 this is where I stayed throughout this was because of my dog in the back of car she does not travel well.

On approaching the next junction I spotted a police car in my mirrors this car was quite a distance behind me so at the time thought no more about it after all I was breaking no laws, the next time I checked my mirrors there was 2 police cars behind me still at a distance from me at this point I began to think if it was me they wanted to stop.

But as they where quite a distance behind me and the fact that they made no clear indication that they wanted me to stop I carried on if they made a hand signal or used the left indicator then I would of course stopped.

Anyway this carried on until just before junction 10 for Fareham/Gosport when the police driver decided to drive closer to me so naturally I stopped the car o the hard shoulder.

With that there was 5 police cars there I was pulled out of the car and at this point I told the officer to go easy as I’m a stroke and heart attack survivor. He bent me over the bonnet of the police car and cuffed me this was very painful due to the limited movement my bones will go into as I have a weakness and spasticity down my right side he chose to ignore this and continued to bundle me in the back of a police car causing further pain as I could not sit with my hands behind me and my right hip was hurting.

At this point I must make it very clear there was no intent not to stop for the police as I had nothing to hide furthermore I did not even speed up and drive recklessly as is the case in most none stops no I continued at 55/60 mph in lane 1 trying to fathom out if I was the driver they wanted to stop.

I AM A LAW ABIDING CITIZEN AND UNTIL THIS SHAMEFULL EVENT HAD NO POLICE RECORD WHICH I WAS PROUD OF THIS YOU HAVE TOTALLY RECKED I WAS ALSO ONCE PROUD OF THE POLICE SERVICE AND THE GOOD WORK YOU DO SADLY THIS HAS BEEN DENTED.

I was then caged in the back of a van when it was very obvious that I am no threat to the police force or society. My dog was also taken to another police station she was recovering from anaesthetic why did you not take her home where my lovely wife could of cared for her this caused me immense stress and from that point all I wanted to do was get her home.

At Eastleigh Station we went though the usual checking procedure I refused a nurse despite my wrist being swollen and my right hip being painful and I refused a solicitor this was for the reason above I decided to fully comply with all police instruction as I just wanted to get home with my dog and the fact that it had by then been a long tiring day for me.

I agreed to a caution as that would get me out of the station and on my way home.

Now some points to note if I was arrested and cautioned why was there no fingerprints or DNA taken from me surely this should have been the case.

Why was my son who was also arrested not interviewed again surely this should have been the case.

It appears to me because the hand gesture my son made would have been hard to prove in a court of law they decided to fabricate another crime namely failure to stop.

This whole event was over the top failure to stop what a joke I am a law abiding citizen and was thankful to be given a second chance after the major brain operation I had and decided at that point on the 16/04/1990 to do my bit for society.

I was going to do voluntary charity work in 2010 being as no employer wants me in this recession with a claw right hand but this you have destroyed as I now have a police record.

Yes I am sitting here typing this letter to you total heart broken at the treatment I received. It was very poor judgement on your part.

I also had my car impounded by borehunt garage I guess for no insurance I was not told this but found out when I got home that the car was not on the MID Database this I have taken up with my insurers Quinn Direct because the car should never have been taken off the database.

My insurance ran out at 23:59 hrs on the 8th December 2009 and a new policy started at 00:01 hrs on the 9th December 2009 and runs until 00:01 hrs on the 9th December 2010.

Because of this I did not have the new insurance certificate and furthermore I still have not got the certificate despite many calls to you and the insurance company trying to sort this out.

I am told that I will get another one on the 14th December 2009 sent via next day recorded delivery.

But on this point I do understand the polices stance on this and that there is nothing you can do as only the certificate will prove my cover.

I will of cause be taking this matter up with the insurance ombudsman because my car should never have been taken off the MID Database as one insurance policy automatically replaced another and as a result I have a big bill to pay to get the car back.

This I understand I will have to claim from the insurers as it was there mistake.

I do hope though you will see that my car does not get destroyed as I want it back which will happen soon as I get the new certificate in my hand.

The only reason I can give as to the delay in receiving the insurance certificate is that Quinn Direct are in Northern Ireland so post must take a bit longer.

Finally I hope you can give this complaint your full attention and give me a meaningful reply to restore my faith in the Hampshire Police Force if nothing else as I am sure you will agree there is some quite serious issues here that need looking at.

Yours Sincerely

 

 

Regards

 

 

PF

[natalie]

See what others think, but I think you have given way too much information.

 

Dont give them excuses of what you think it might be.

 

Just that you were driving on the motorway at 55- 60 mph after rejoining following a stop at the services, and noticed a police car following some distance behind you. Yoiu werent breaking the law and received no indication they wished you to stop and so continued until just before jct 10 when the driver decided to pull closer.

 

Then briefly describe how you, your son and the dog were mistreated.

[natalie]

Again on the point of the insurance, dont give them an excuse, your car has been impounded without any explanation

[pompeyfaith]

This is interesting

 

Review of cautions and on-the-spot fines - Ministry of Justice

 

PF

[Tigs33]

You have put the time that the incident occured but not the date??