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Frag

Resident Lifetime Power User+
  • Content Count

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About Frag

  • Rank
    Regular Grunt
  • Birthday 18/10/1987

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  • Location
    UK
  1. Frag

    Duty of care

    Does he understand the risk of not having treatment from a head injury? Get backup and a paramedic, I've invoked the mental capacity act in similar situations.
  2. Frag

    Mother driving with baby on her lap

    What would your necessity for arrest be in the scenario given? Arrest is a means to facilitate an investigation, not a punishment.
  3. Frag

    Mother driving with baby on her lap

    1) Report for court summons for carrying passenger to danger, other than in accordance 2) Seize vehicle under section 165 3) Make arrangements to ensure childs welfare is met 4) report to social services 5) Intel log / marker on vehicle to catch future offences
  4. Frag

    F P N

    That is the notice of intended prosecution, which needs to accompany the now caution, and only for certain offences.
  5. I'm surprised that no-one else has asked.... Would any other member of the public be charged with obstruction? I would say not, sometimes they just get away...
  6. Frag

    Restorative Disposals

    If you can't detect it properly... RJ it.... </cynicism>
  7. Frag

    Remanded in Custody for stealing 60p

    It's a public interest thing. CPS will weigh the cost of a crown court trial against the likely outcome. For a low value *technical* robbery, CPS have charged with assault & theft to keep it cheap and at magistrates. Same thing for Affray and section 4 PoA. My point was that they obviously thought the several thousand pounds fora trial would attract a stiff sentence, when there is a low value, I would infer that this means there were aggravating factors.
  8. If they're taking mini roundabouts at that speed chances are they are not going round them, ie over them or the wrong way, in which case simply issue an endorsable for failing to adhere to road markings. Simples.
  9. Frag

    Remanded in Custody for stealing 60p

    To clarify, for a robbery there has to be an element of immediate violence or putting a the victim in fear of immediate violence. Examples are pulling a knife on someone and demanding goods / cash threatening to stab ot "GIVE ME A FIVER OR I'LL KNOCK YOU OUT." The latter being a lower level example. Robbery is a serious charge, and for it to be tried at a crown court there were obviously some aggravating factors!
  10. Frag

    class A drug

    Arrest sus theft then
  11. Frag

    DUI to escape an attack

    Actually I thought it was our job to act as investigators, presenting both evidence for the prosecution as well as the defence.... If it was reasonable to investigate the defence before evidence was lost, such as attending the address and grabbing an initial account from witnesses, then I would think a police officer would be expected to do so. Wait...what? What do special measures have to do with anything? Do we have different definitions of the word? :S
  12. Frag

    Serial Ticketing

    It may have been but there are options. If I issue a ticket for a tyre I warn the motorist that if they choose to continue their journey to anywhere but a pre booked appointment to have the tyre replaced then they could be issued with a further ticket or summonsed. If there are other factors, such as multiple bald tyres, loose battery, smell of petrol, cracked windscreen, illegal tints, jagged edges etcetera, then I would consider getting a traffic bobby down to slap on a prohibition notice. I have had a boy racer before defiantly waive a EFPN in my face for a bald tyre that he was issued three days prior. He didn't understand why he got another one!
  13. The power to arrest under PACE is not qualified. PACE gives you the power to arrest anyone once RGS, offence and necessity are satisfied. There is no other legislation in conflict with this. If someone with diplomatic immunity is charged their host embassy can be asked to revoke their privilege.
  14. Frag

    class A drug

    The arrest is justified for a number of reasons. We need to verify the persons identity, fingerprints and DNA do this much better. A tape recorded interview in custody can go into greater depth. in E&W we can drugs test for cocaine / heroin for trigger offences. As part of the investigation we may need to capture fingerprints or seek a section 18 of his home. I'm struggling to think of a summary offence that would need an 18?
  15. There's case law on twoccing a short distance, basically saying the offence is not complete.