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Driving
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 18/05/2008, 15:41
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Puzzled
Joined on 05/10/2006
Posts 443
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Re: Please help.......insurance quandry
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A duty solicitor is a duty solicitor is a duty solicitor , yes well I can assure you unless things have changed in recent years, that what I have posted is correct. It was certainly common practice for trainees or even runners often ex policemen working for the other side of the legal system to do the outside normal hours visits. I don't see anything wrong in forwarding any relevant legislation to the police station IF they have got it wrong and as we know mistakes can happen. I wonder how far the Duty Solicitor has got ?![Whistles [Www]](/cs/images/emotions/whistling.gif)
If it were my OH locked up facing a court appearance tomorrow and IF the police had got it wrong, I would be moving hell and high water to sort it out before then - because as I said , it is unlikely to be the end of it tomorrow.
At least I am trying to help the OP not making pointless and rude remarks!
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18/05/2008, 15:44
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Boiling a frog
 
Joined on 06/09/2004
Charente 16
Posts 598
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Re: Please help.......insurance quandry
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 Ron Avery wrote: | | Puzzled wrote: | |
A Sunday solicitor will probably be just a solicitor's runner with little legal experience and even less knowledge of EU law. Best chance of finding answers today is probably going to come from this forum.
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What a load of ill informed tosh, a duty solicitor is a duty solicitor is a duty solicitor, and as for this Forum being the answer to outcast's problems, well as they say "you are having a laugh mate". "Let me go because some bloke in France on French Forum said you can't keep me locked up![Woot! [:-))]](/cs/images/emotions/w00t.gif)
It might escaped some people's attention and I appreciate that some, though not all, are trying to help, that you don't get arrested and kept in cells for driving whilst uninsured nor is it an EU law offence. He has been arrested for an offence under UK law which a UK policeman and/or custody sergeant are probably quite well informed over and the duty solicitor would be a darn sight better inforned about UK law than any of the barrack lawyers on this Forum. You sure old outcast was not his charming old self to the boys in blue???
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I am giving advice based on 30 years service in the police,part of that time as a custody sergeant ,so I am not a barrack room lawyer.As for duty solicitors,most of them are the junior with very little experience in criminal law.To say they only know the basics is being kind to them.
The police do have a power of arrest when any crime or offense is committed .
The Serious and Organised Crime & Police Act 2005 changed the power to arrest in England & Wales. The main change was that the term 'Arrestable Offence' has now gone and any Constable can arrest for any offence.
(1) A constable may arrest without a warrant-
(a) anyone who is about to commit an offence;
(b) anyone who is in the act of committing an offence;
(c) anyone whom he has reasonable grounds for suspecting to be about to commit an offence;
(d) anyone whom he has reasonable grounds for suspecting to be committing an offence.
(2) If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.
(3) If an offence has been committed, a constable may arrest without a warrant-
(a) anyone who is guilty of the offence;
(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.
(4) But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.
(5) The reasons are-
(a) to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);
(b) correspondingly as regards the person's address;
(c) to prevent the person in question-
(i) causing physical injury to himself or any other person;
(ii) suffering physical injury;
(iii) causing loss of or damage to property;
(iv) committing an offence against public decency (subject to subsection (6)); or
(v) causing an unlawful obstruction of the highway;
(d) to protect a child or other vulnerable person from the person in question;
(e) to allow the prompt and effective investigation of the offence or of the conduct of the person in question;
(f) to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.
(6) Subsection (5)(c)(iv) applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question.
Boiling a frog
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18/05/2008, 15:48
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opas
Joined on 23/08/2004
catalonia, top of the hill en route to the Chateau
Posts 2,186
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Re: Please help.......insurance quandry
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| Ron Avery wrote: | | Puzzled wrote: | |
A Sunday solicitor will probably be just a solicitor's runner with little legal experience and even less knowledge of EU law. Best chance of finding answers today is probably going to come from this forum.
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What a load of ill informed tosh, a duty solicitor is a duty solicitor is a duty solicitor, and as for this Forum being the answer to outcast's problems, well as they say "you are having a laugh mate". "Let me go because some bloke in France on French Forum said you can't keep me locked up
It might escaped some people's attention and I appreciate that some, though not all, are trying to help, that you don't get arrested and kept in cells for driving whilst uninsured nor is it an EU law offence. He has been arrested for an offence under UK law which a UK policeman and/or custody sergeant are probably quite well informed over and the duty solicitor would be a darn sight better inforned about UK law than any of the barrack lawyers on this Forum. You sure old outcast was not his charming old self to the boys in blue???
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You malicious ***. the word edited out was mild compared to the one I wanted to use
I do beleive he would have put up resistance to arrest, and has told me he was kicked in the head by one of the coppers who jumped out of the 6 yes six cars that turned up!!!! The only reason he is there now is because he does not have a UK address, he will not give my fathers as he is 83 and in ill health. I assume that they think he would skip the country if they had just issued a summons.
EDIT BY OPAS Tues19 th .
HE HAS TOLD ME HE DID NOT RESIST ARREST
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18/05/2008, 15:55
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powerdesal
Joined on 07/01/2006
Sharjah U.A.E
Posts 2,173
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Re: Please help.......insurance quandry
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So basically BaF, if I give my name and address to a Constable and he chooses not to believe me, unless I have "proof" on me he can (and will) arrest me without any other grounds. Sounds a bit like mainland Europe in the early 40s to me.
Steve
Sharjah (but not for long ) + 50 (in France)
...........................................................................
7 days Ins'Allah (1 with the packers, 2 for the week end, 4 for work)( or maybe 8, or 9, or 10 or 11 or....)
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18/05/2008, 16:18
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Boiling a frog
Joined on 06/09/2004
Charente 16
Posts 598
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Re: Please help.......insurance quandry
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| powerdesal wrote: | So basically BaF, if I give my name and address to a Constable and he chooses not to believe me, unless I have "proof" on me he can (and will) arrest me without any other grounds. Sounds a bit like mainland Europe in the early 40s to me.
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I suspect you deliberatly missed out the first bit to make it sound like a police state.
1) A constable may arrest without a warrant-
(a) anyone who is about to commit an offence;
(b) anyone who is in the act of committing an offence;
(c) anyone whom he has reasonable grounds for suspecting to be about to commit an offence;
(d) anyone whom he has reasonable grounds for suspecting to be committing an offence.
(2) If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.
(3) If an offence has been committed, a constable may arrest without a warrant-
(a) anyone who is guilty of the offence;
(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.
Can I ask what is so bad about that ?
You need to be suspected of committing an offence not just asked for your name and address
Boiling a frog
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18/05/2008, 16:19
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BJSLIV
Joined on 23/08/2004
Posts 2,426
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Re: Please help.......insurance quandry
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It all sounds a rather disproportionate response, both in terms of the number of cars attending and the subsequent incarceration, if we are only talking about a minor documentation problem. On the other hand resisting arrest can only lead to further aggravation.
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18/05/2008, 16:20
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Cat
Joined on 21/01/2005
------- Forum Moderator ------- Lot
Posts 2,963
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Re: Please help.......insurance quandry
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Whatever your personal feeling are towards or about Outie, we are trying to help Opas, who has done nothing whatsoever wrong here. She must be out of her mind with worry, do you really want her to feel worse than she does already? Show some compassion, for goodness sake.
EDIT: sorry BJSLIV, I wasn't referring to your mail, you nipped in with your reply before I posted mine.
Cathy
Sun, sun, sun, here it comes...
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18/05/2008, 16:21
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Bob T
Joined on 05/10/2006
Dordogne
Posts 958
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Re: Please help.......insurance quandry
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I have been watching this thread with interest as I never believed that the UK police would, or could, arrest anyone without good reason and would never get them to court either.
I can now see cracks appearing. Why would six police cars turn up to arrest someone? They must have had good reason to send six as they would not have all been there at the same time for a routine check. I cannot imagine the cash strapped UK police calling for backup because someone has suspect insurance documentation.
Refusing to give an address where one is staying, having told the police that one is working temporary, is an arrestable offence in itself.
I am sure that if the person arrested is guilty of nothing then there will be no problem and everything will be fine in the end.
Bob T 24
http://bikesindordogne.blogspot.com/
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France Forum » Living » Driving » Please help.......insurance quandry
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