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Would you help if you could ?

#2
This has been posted elsewhere but it was suggested that it be moved to CA where a greater cross-section could pass comment.

A gentleman assists a Police Officer in trouble.

Thoughts ?

Tricky. If I lived in the States, I'd like to think I'd have the stones to, yes. Living here where there is no expectation that a law abiding member of the public will be armed... I don't know. seems a very real danger of being taken for the opposition by plod.

It was the sort of thing I'd actually have pondered back when I was young and (more) foolish.
 

ugly

LE
Moderator
#3
Tricky. If I lived in the States, I'd like to think I'd have the stones to, yes. Living here where there is no expectation that a law abiding member of the public will be armed... I don't know. seems a very real danger of being taken for the opposition by plod.

It was the sort of thing I'd actually have pondered back when I was young and (more) foolish.
Armed or not it is an offence to not render assistance to a police constable when requested to do so but the police aren't required in law to protect you!
Nice eh?

Sent from my BlackBerry 9780 using Tapatalk
 

Cutaway

LE
Kit Reviewer
#5
Well the CPS certainly think one is obliged:


Refusing to Assist a Constable

At common law it is an offence to refuse to assist a constable when called on to do so.

To establish the offence you need to prove that:

the constable saw a breach of the peace being committed; and
there was a reasonable necessity for calling upon the defendant for assistance; and
when called on to do so the defendant, without any physical impossibility or lawful excuse, refused to do so.

The offence is triable on indictment but is rarely used.
 
#7
"If called on to do so".

Yes, well... Should I ever be sitting around polishing a piece like, and a copper shouted "Hey citizen, you the chubby middle aged chap with the gat, do me a favour and plug that villain will you?" Then I'm sure I'd assist.
 

Cutaway

LE
Kit Reviewer
#8
"If called on to do so".

Yes, well... Should I ever be sitting around polishing a piece like, and a copper shouted "Hey citizen, you the chubby middle aged chap with the gat, do me a favour and plug that villain will you?" Then I'm sure I'd assist.
He'd better not try yelling that in ZA.
Except certain parts of CTN...
 

BuggerAll

LE
Kit Reviewer
Book Reviewer
#14
Armed or not it is an offence to not render assistance to a police constable when requested to do so but the police aren't required in law to protect you!
Nice eh?

Sent from my BlackBerry 9780 using Tapatalk
Refusing to assist a constable is an offence under the common law of England and Wales.[SUP][1][/SUP][SUP][2][/SUP] The offence is committed if a person refuses, without lawful excuse, to assist a constable who sees a breach of the peace committed or who is assaulted or obstructed when making an arrest, and who, where there is reasonable necessity to do so, calls upon that person to assist him.[SUP][1][/SUP][SUP][2][/SUP] As a common law offence, it is punishable with an unlimited fine and imprisonment,[SUP][1][/SUP] although it is very rarely prosecuted.
As I understand it being fearful of being hurt or injured would constitute a lawful excuse.
 
E

exmunkey

Guest
#16
Yes I would, if someone needs help you help them or your just another tosser on the street, Its just the way I was brought up
I know I'll regret getting involved again but here it goes.
If you aren't helped by a cop when in danger it's neglect of duty so it goes both ways

Armed or not it is an offence to not render assistance to a police constable when requested to do so but the police aren't required in law to protect you!
Nice eh?

Sent from my BlackBerry 9780 using Tapatalk
 

ugly

LE
Moderator
#17
High court case a couple of years ago, someone took their chief cuntstable to court for no response to a burglary to be told he has no right in law to police protection or similar. I'm sure one of our resident pointyheads will be along soon!

Sent from my BlackBerry 9780 using Tapatalk
 
#18
Armed or not it is an offence to not render assistance to a police constable when requested to do so but the police aren't required in law to protect you!
Nice eh?

Sent from my BlackBerry 9780 using Tapatalk
Quite rightly so... Have you ever met the public?
 
#20
If you aren't helped by a cop when in danger it's neglect of duty so it goes both ways
Indeed. The case referenced in Blackstones is an off-duty officer who was done for manslaughter when door supervisors hoofed a customer to death. The officer did not appreciate the scale of the assault or take part in it, but must have talked his way into admissions of failure and a conviction for the offence. Oddly, the textbook doesn't mention murder convictions for the actual killers.

Now the job likes to cast the net even wider with the concept of willful misconduct in a public office, should you fail to act appropriately.

(Which of course is likely to be decided by a desk bound career hungry backstabber looking to make their name by rubbishing yours, IMHO).
 

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