Catch a thief, get banged up

BrunoNoMedals

LE
Kit Reviewer
#1
Remember that group of lads who caught someone thieving and marched him to the station with a "thief" sign around his neck?

The thief got off with a caution, and they've all been charged with false imprisonment.

http://news.bbc.co.uk/1/hi/england/essex/7753087.stm

You really do have to wonder...
 
#2
Not really surprising anymore. Plod gets five detections instead of one without having to do much work. I suppose that there is still time for the CPS to discontinue the case on the grounds of 'not in the public interest'.
 
#3
Jump somebody and bundle them into the backof a van and I should fcuking think you should get prosecuted. Either bring a private prosecution against the guy or let the police do their job, instead of trying to do the police's job for them.

Shame about the thief getting away with it though.
 
#4
Absurd, he was lucky they marched him in...far more tempting to batter the g*t to death with something large and solid, place a knife in his hand and claim self defence.
 
#6
There's allot to be said about this case. But in earnest, at least one thing in our society still stands.

And thats, 'Innocent till proven Guilty'

I understand the guys anger, but once that line is crossed, we're no better then some of the other rogue states out there.
 
#7
What this does do is beg the question; How do you perform a citizen's arrest without falsely imprisoning someone? Any action taken to restrain someone could be construed as false imprisonment, couldn't it?
 

BrunoNoMedals

LE
Kit Reviewer
#8
rockpile said:
Not really surprising anymore. Plod gets five detections instead of one without having to do much work. I suppose that there is still time for the CPS to discontinue the case on the grounds of 'not in the public interest'.
Why, are they all Chief Inspectors?

How this isn't just a citizen's arrest is beyond me. Apart from the sign around the neck, which hardly constitutes assault, and certainly not slander/libel, I don't see an issue. Admittedly I can't remember the details from original articles, but I don't remember them getting excessive.
 
#9
Squiddly said:
let the police do their job, instead of trying to do the police's job for them.
What and let him off with a caution you mean? :x
 
#10
Squiddly said:
What this does do is beg the question; How do you perform a citizen's arrest without falsely imprisoning someone? Any action taken to restrain someone could be construed as false imprisonment, couldn't it?
The answer is to simply not bother, turn a blind eye and save the courts the job of doing virtually nothing about it anyway.
 
#11
Funny how "discretion", "not in the public interest" and "reasonable chance of a conviction" are all used as reasons why scum aren't arrested or prosecuted, but never used as a pretext to fail to take action in cases like these. No cop dares to say, "I've got some measure of discretion, this arguably is an arrest, the sign is a civil matter - if he doesn't like it he can sue...", no CPS lawyer will say, "Plainly not in the public interest and plainly no realistic chance of a conviction.."

The criminal justice system - sh*t it.
 
#12
BrunoNoMedals said:
Apart from the sign around the neck, which hardly constitutes assault, and certainly not slander/libel, I don't see an issue. Admittedly I can't remember the details from original articles, but I don't remember them getting excessive.
I would have thought that unless the guy was charged with theft and found guilty, then slander/libel is exactly what it constituted.

Sky did say that they jumped the culprit as he entered work, and bundled him into the back of a work's van before driving off somewhere, but they seem to have pulled the story since.

Anyway if the police aren't going to prosecute the alleged thief, least they can do is agree not to prosecute the slightly daft boss in return, though I suppose they probably have more evidence of his crimes than on his ex employee's.
 
#13
If they elect trial at Crown Court then the CPS will start to think about cost and end result.
My theory is that if you are arrested for a relatively minor offence, then do not accept a caution and indicate a plea of Not Guilty. That will concentrate official minds on cost and result and I think that you stand at least an even chance of the case being discontinued.
 
#14
BrunoNoMedals said:
How this isn't just a citizen's arrest is beyond me. Apart from the sign around the neck, which hardly constitutes assault, and certainly not slander/libel, I don't see an issue. Admittedly I can't remember the details from original articles, but I don't remember them getting excessive.
Because a citizens arrest consists of detaining someone you have observed commiting a crime until the Police arrive. Not, planning in advance to jump him as he arrives for work, driving him into the town centre and marching him round the town centre with a pre-prepared sign around his neck before taking him to the Police Station.
 

Biped

LE
Book Reviewer
#15
Goodbye justice, goodbye common sense, goodbye The United Kingdom, and goodbye finally, England.
 
#16
LEGZ30 said:
BrunoNoMedals said:
How this isn't just a citizen's arrest is beyond me. Apart from the sign around the neck, which hardly constitutes assault, and certainly not slander/libel, I don't see an issue. Admittedly I can't remember the details from original articles, but I don't remember them getting excessive.
Because a citizens arrest consists of detaining someone you have observed commiting a crime until the Police arrive. Not, planning in advance to jump him as he arrives for work, driving him into the town centre and marching him round the town centre with a pre-prepared sign around his neck before taking him to the Police Station.
Fair point.
 
#17
The problem that these guys had was that under PACE they were only allowed to carry out a citizens arrest if it was not reasonably practicable for a constable to do so. If they had called the police straight away, then the theiving scum would have got nicked. In addition if they arrested him they should have taken him straight to the police instead of parading him first. It is this part of the incident which is classed as false imprisonment.

A word to the wise: If you are ever going to carry out a citizen's arrest 1. make sure that the offence being committed is an indictable offence - i.e. one where they could be tried by a jury of their peers, and 2. preferably whilst they are in the process of carrying out the offence. This because unless you have hard evidence rather than just knowing that and offence has been committed, trying to prove afterwards is extremely problematic for you and more than likely you will get done for false imprisonment.

By the way, the use of force when committing a citizen's arrest is permissable as long as the force is enough to subdue and detain the person being arrested.

Ish.
 
#18
Squiddly said:
What this does do is beg the question; How do you perform a citizen's arrest without falsely imprisoning someone? Any action taken to restrain someone could be construed as false imprisonment, couldn't it?
Grab him and call 999

if there's a police unit that isn't tied up with crap,

chav vs chav domestics,

pretend race crimes,

mental patients that shouldn't be out of hospital but are because the govt doesnt fund mental hospitals,

drunks,

drug addled scum,

football matches needing hundreds of cops because footie is the outlet for thugs' violence,

doing social sevices' job for them,

dealing with runaways who run away every day but we still have to incase we're sued

then they will come and arrest him for you.

unless you say 'he's kicking off, we're having to use violence to restrain him'

they may come quicker.
 
#19
rockpile said:
Not really surprising anymore. Plod gets five detections instead of one without having to do much work. I suppose that there is still time for the CPS to discontinue the case on the grounds of 'not in the public interest'.
I think you'll find thaty it's the CPS who made the charging decision and, therefore, are unlikely to drop this absurd case.

I think the bloke overeacted by tying the thieving tw4t up, driving him to the town centre, then parading him through the streets. But they shouldn't be charged for it.
 

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