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Trouble with the police. Help needed!
Skive
Posts: 15,286 Skive's The Limit
Question for those that know the law.. sorry if its a bit long
I was assaulted on Sat night in a pub and knocked out and sustained a couple of cracked ribs. I was helped to my feet by a member of staff and taken outside to sit down. Within a couple of mins a bloke I believed to be from the same group that assualted me, came out and stated that he was an off duty policeman. He then pulled me to my feet and without reading my rights arrested me for Indecent Assaulut (?). Anyway, there was a bit pulling and pushing between the two of us because I had trouble standing, and several times asked the bloke if I could just sit down again - all the while he throwing insults at me - calling me a prick etc. During this time my mate came out and tried to sperate us as he belived I was again being assaulted.
3 Uniforms in seperate cars arrived and I was taken to cop shop where I was then told by the Custody Sarge I'd been arrested for Breach of the Peace - soemthing completey different.
My mate then came in and was charged with assualting a police officer simply because he'd thought I was being assaulted again and had tried to seperate us. Once the custody sarge saw the state of me I was taken straight down the hospital.
Now I think I have been treated unfairly - and so has my mate. None of raised a fisrt believe it or not, we were both assaulted and neither of us were read our right. The police took no other statements from the scene, bar that of the off duty copper. He has since denied in a statement being friends with the bunch that assaulted me - something which the bar staff can proove is a lie.I've already had phot's taken of my injuries and lodged a charge of assault againts one of the blokes in the bar, but I've also expressed my wish to complain about the conduct of this off duty copper.
Yesterday I had an inspector on the phone talking about this off duty policeman and being very defensive. I havn't backed down and made sure he realises I want to complain. He's coming round tonight with a form for me to sign - though I'm not completey sure what it's about. Now I know better than to sign any old thing and I'm intrested in what actual things this off duty copper has done wrong? Any ideas.
I was assaulted on Sat night in a pub and knocked out and sustained a couple of cracked ribs. I was helped to my feet by a member of staff and taken outside to sit down. Within a couple of mins a bloke I believed to be from the same group that assualted me, came out and stated that he was an off duty policeman. He then pulled me to my feet and without reading my rights arrested me for Indecent Assaulut (?). Anyway, there was a bit pulling and pushing between the two of us because I had trouble standing, and several times asked the bloke if I could just sit down again - all the while he throwing insults at me - calling me a prick etc. During this time my mate came out and tried to sperate us as he belived I was again being assaulted.
3 Uniforms in seperate cars arrived and I was taken to cop shop where I was then told by the Custody Sarge I'd been arrested for Breach of the Peace - soemthing completey different.
My mate then came in and was charged with assualting a police officer simply because he'd thought I was being assaulted again and had tried to seperate us. Once the custody sarge saw the state of me I was taken straight down the hospital.
Now I think I have been treated unfairly - and so has my mate. None of raised a fisrt believe it or not, we were both assaulted and neither of us were read our right. The police took no other statements from the scene, bar that of the off duty copper. He has since denied in a statement being friends with the bunch that assaulted me - something which the bar staff can proove is a lie.I've already had phot's taken of my injuries and lodged a charge of assault againts one of the blokes in the bar, but I've also expressed my wish to complain about the conduct of this off duty copper.
Yesterday I had an inspector on the phone talking about this off duty policeman and being very defensive. I havn't backed down and made sure he realises I want to complain. He's coming round tonight with a form for me to sign - though I'm not completey sure what it's about. Now I know better than to sign any old thing and I'm intrested in what actual things this off duty copper has done wrong? Any ideas.
Weekender Offender
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Comments
I'm going to have to phone a solicitor I think.
There are no charges at present being brought against me, but I and many others that night are severely unhappy with this off dut copper and the inspector seems to want to deal with it inside the police i.e without getting the complaints authority involved. I wasn't read my rights, was manhandled whilst I clearly couldn't stand properly, and was arrested for indecent assault on the scene, which then changed to breach of the peace by the time I'd got to the cop shop???
I'm already pressing charges against the geezer who assaulted me.
When in custody you have the right to let somebody know where you are (phonecall), the right to see your rights, the right to have a drink if you so wish and so on... You also have a right to see a soliciter if you are to be interviewed although in your state you shouldn't have.
I would complain to the sergeant (I think)... Was the copper intoxicated?
No interview. I was only in a cell for maybe 15 minutes before getting called before the custody sarge, at which point the arresting copper (off duty) went throigh the details of the arrest. He neglected to mention I'd been assaulted and when I asked about that he said he hadn't known anything about it - a blatant lie. The cust sarge was the first person to become concerned about the fact I couldn't breathe properly and had a serious bump on my head. One of the coppers than took me straight to the hospital.
All in all I spent no more than 30 minutes in the cop shop. i blatently hadn't done anything wrong.
I think that will be hard to proove, but there are several witnesses to say he was with the group that assaulted me - though he himself never struck me.
What you want to do is go to your local Community Law Centre, and go through it with a solicitor there, or one they refer you to.
If you were not read your rights then the policeman has breached PACE. I would take this as far as you can. A solicitor is your best course of action.
As much as anything, a solicitor will be able to help you organise a defence to any charges, although you won't get aid assistance for it.
If ever you need a criminal defence solicitor, look here.
At the moment I'm not looking to be charged with anything although there is a slight possibilty that may change if they try to counter my claim of assault. That I can deal with.
I'm more intrested here in finding out what I can do about this off duty coppers conduct. The inspector I've spoken to is very keen to keep this inside the police, which sorty of makes me want to go the other way. I was insulted, thrown around to the extent that a thick chain on my neck was broken, and then I wasn't read my rights - somehting which this inspector wants the policemen to applogise for. What is PACE?
My mate who's being charged with assaulting a police officer has also informed me that he has learnt through his solicitors that this off duty copper has been in trouble before, for his behavior whilst off duty.
PACE is the Police and Criminal Evidence Act. It determines what police can and cannot do, e.g. reading rights, taping interviews, etc etc.
Yeah, a solicitor in an area will know most of the crack.
Go and get legal advice. Your first port of call should be the Community Law Centre, if nothing else they'll be able to recommend a solicitor.
At the moment I'm not in trouble though I may see a bullshit allegation of Sexual Assault appear as a counter against my report of assault.
Three of us were in a our local having a drink when a party of people came in. Some young girls were going on about going to some cheesey nightclub so we ripped into them - only a bit of banter. Next thing we know one of us (not sure who) has been accused of grabbing a girls arse - somehting which I know is bullshit. This was originally to get the landlord to kick us out the pub. When the landlord refused to kick us out, we had several sahdes of shit kicked out of us by more than 10 blokes.
It's fucking crazy.
From what you've said I'm reading you want info on how to make a complaint, rather than dealing with any charges, so here goes, though I'd wait to hear what the copper has to say first. I can't believe they'll be happy with his behaviour, especially not if he was dragging you to your feet with injuries that got you sent down to the hospital straight away.
TheSite's info on complaints
Urban 75's info on complaints
The website of the Independant Police Complaints Commission
and finally here's an interesting pdf from the IPCC to police on how to deal with complaints
Nah, it really won't.
They'll just make Skive's life hell if he does something like that. He won't be able to sneeze without ten rozzers being next to him. It's like that.
Do seek legal advice and do make a complaint. It's actually illegal to arrest someone maliciously.