Cheeky Git

Discussion in 'Finance, Property, Law' started by TheSpearChucker, Jul 10, 2010.

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  1. Yes I am...

    So, Mr Detective phoned me - originally inviting me to voluntarily attend one of the local police station's to be questioned regarding an assault that had happened months back. I was asked to attend at a specific time whilst the footy was on. To which I suprisingly declined. Mr Detective, as obviously anxious as he was for me to attend stated my full address over the phone before stating “I’ll just come and get you then” before he hung up. So I figured it COULD have been a genuine police officer, yet doubted it since no police officer could be stupid enough to potentially breach the DPA that easily. The only way to clarify would have been to attend the station and in all probability get myself arrested for something I had no involvement in, so I decided I wouldn't bother.

    Long story short - the match was sh1t and the police came to my house with a warrant for my arrest close to midnight that day.

    Ok so I was arrested on suspicion of ABH and Harrassment and shoved in a detention cell for the remainder of the night. Morning came. I refused to have a solicitor present and Mr Detective arrived to interview me on tape.

    "No comment"
    "No comment"
    "No comment"

    ...etc etc

    Shoved me back in my cell. I waited a few hours longer, perfecting an origami crane out of the Code of Practice booklet issued to me on detainment. Mr Detective arrives at the door again and I'm released without charge on 'Conditional Bail' stating I am to return to the police station at a specific date and time. My bail conditions state I am not to contact directly or indirectly Mr Victim whilst my bail conditions are in effect.

    No big deal, I'm fine with that.
    However, after spending 15 odd hours in a cell with nothing to read but the literature of graffiti on the toilet seat, to have Mr Detective drag me out to an interview room where he aggressively incinuated I was the lowest scum of the earth for things I had no involvement in, I decided I'd jump for the opportunity to be a 'cheeky git' and throw one back on release. I played the fool and asked Mr Detective at the station exit if he could, "Please do me a favor and if you speak to Mr Victim, tell him I said I’m sorry".

    Bottom line is, I plan on returning to the police station with a portable voice recording device at the date stated in my bail condition sheet and record the conversation between me and Mr Detective which I assume will go something along the lines of,

    Mr Detective: "There's not enough evidence to charge you so you're released without charge"
    Me: "OH SNAP"
    Me: "So did you tell Mr Victim I said sorry"
    Mr Detective: "Yes I did"
    Me: "Ok so you admit to willingly acting in direct breach of my bail conditions?"
    Mr Detective: "..."
    Me: "Also, when we first spoke on the phone, did you or did you not state my full address details without making any attempt to first confirm my identity, potentially breaching the DPA?"
    Mr Detective: "..."

    It wouldn’t bother me so much, but I can justify my intent to sh1t in his pocket as I believe this guy went way past the point of ‘just doing his job’ while I was interviewed. Atleast I’m not declaring war on the Northumbria Police.

    My question is, will the conversation likely go anything like this and if it does, would any voice recording as such be admissible in court? Is there any other way to expose this guy as a complete cnut?
  2. the_boy_syrup

    the_boy_syrup LE Book Reviewer

    There was an instance wher a motorist recorded his arrest on his phone and played it in court
    He hadn't done anything wrong but was lifted anyway
  3. Do yourself a favour and ask for the duty brief to be present or have your own there
  4. Remeber remember that most Polis stations are microphoned to the hilt. Cheerfull courtous and condsiderate = no Dick leeway to interpretate your wording to thier questions.
  5. If you are going back to the nick you will almost certainly be re-arrested for any interviews and you won't be allowed recording equipment or pen and paper. (******* wouldn't even let me have shoe laces or a belt in the room last time. They did provide me with a rather nice paper suit though.) You should be able to get a copy of the tape - take the opportunity of a duty lawyer.
  6. Cheers guys. Monkey, whats a duty breif?

    Potentially I don't want to spook the guy into talking like a formal robot. I assume I will be notified all charges are dropped on arrival, so I expect I wont be searched. The recording device will preferably be hidden from view.
    Duty Breif sounds like primark underwear.
  7. Even if I'm 99% sure they have no evidence to further support any allegations made against me, will they still re-arrest me? Cnuts.
  8. Asking an apology to be passed on to the victim sounds like an admission of guilt, even a confession, to me. Mind you don't cut off your balls with your rapier wit.
  9. the_boy_syrup

    the_boy_syrup LE Book Reviewer

    Duty Brief is the duty solicitor who will sit in with you and advise you whilst the police question you

    As stated above saying sorry could be seen as admission of guilt probably best to see what they say and then make your compliants after they let you off
  10. I'm no expert, but I believe that it is 'illegal' to record someone without their permission, hence why whenever you ring a call centre, they give you the bit about 'being recorded for training purposes'.
    Therefore your recording would probably be inadmissable should you decide to take it further.
  11. You will be entitled to a copy of the recording made under the Code C interview in the same way that you are entitled to a copy of any written statement you may have made. You have already made the 'significant' statement amounting to a confession which the prosecution will argue is both relevant and admissible. Further, in failing to respond to police questions you invite the court to draw 'such inferences as appear proper' by your 'no comment' to every question put. I would not advise you to be as reticent before a judge.

    While your narrative may be mildly amusing and your failure to comply with a 'request' to attend a police station 'voluntarily' may be quite proper (since that is how the Police 'beat the clock' in calculatng the time in arrest), you have severely damaged your defence by your failure to have a solicitor present to properly advise you.
  12. You're right about one thing, you're no expert. It is not illegal to make a covert recording of a conversation if one of the participants is aware that the recording is being made. The reason that some call centres use the bit about 'being recorded for training purposes' is to cover their arses.

    Spearchucker, I can't see any mileage in the "you breached the Data Protection Act" approach. Which specific part of the Data Protection Act makes it an offence for someone to ring you up and tell you your own address. If this were the case, the telephone directory would be in breach of this act.
  13. Interesting.
    Point 1. You were either bailed to attend at a later date whilst the police continued their investigation, or you were released without charge. If the latter they will need further evidence to rearrest you. Not Both.

    Point 2. I doubt that the detective needed to go through the rigmarole of getting a warrent issued for you. If I'm not too much mistaken he doesn't need one.

    Point 3.The conversation probably will happen more like this..............

    You - "Please do me a favor and if you speak to Mr Victim, tell him I said I’m sorry".
    Mr Detective - "yeah, OK"
    You - "Right, I'm off." (exits stage right)
    Mr. Detective - " What a COCK!"

    Point 4 - In deliberately being obstructive and extremely unhelpful with the enqiry ( which, you'll find most innocent people try and help as much as possible) you have given the detective ( who could have probably written the job off as going nowhere and cracked on with more important issues than a couple of twats having a bit of a scrap) you have shown him that you are indeed a COCK!

    Point 5. You are a COCK!

    POint 6. See point 5.
  14. Re Your question.
    Quote: My question is, will the conversation likely go anything like this and if it does, would any voice recording as such be admissible in court? Is there any other way to expose this guy as a complete cnut?

    Don't know about that...but you've certainly exposed yourself on here as a complete cnut, even a ****.
  15. Not to enter into a slagging match over your points, and I am not in the legal or policing professions, but I did see this post on here a while ago, and I do believe it is relevant. It's from the blog of Nightjack, Ruling on NightJack author Richard Horton kills blogger anonymity - Times Online who was of the opinion that innocent people talking to the police often talk their way into trouble, the best bet is to say nothing, deny everything, and let the CPS make their case if they can. He does it for a living, so I'd reckon he knows what he's talking about.