My son forced off road and assaulted!

[PaulB]

There were no witnesses and he wasn't hurt badly enough to have to go to hospital but when the police came and photgraphed the injury the kick had caused, it was very black and blue but is apparently worse today than it was then. Surely the fact that someone actually stopped a vehicle and got out to assault someone makes it bad for the driver?

 

[Edd Mulgrew]

Only around a month ago i was purposley nearly run off the road by some 30 to 40 year old who was driving insanley irrisponsibly even with 2 children in the car. like as what happened to your son he basically squared up to me and threatened to knock my head off.
black toyota pickup for everybody infomation, in Tarporley Cheshire.
I later found his barn luckily and actually blocked his driveway to the barn with a large clay pipe, just so he knew i had not forgotten!
hope your son is ok though. there are some real idiots on the roads.

 

[Crankarm]

Bollo,

The lack of firm evidence is the main cause as rarely are these incidents witnessed by an independant party. I've been out for some eight years now and understand that (in this county) every allegation is followed up. Once that Crime Sheet is written up, getting a 'detected' is bloody important. The victim needs to be firm when attending the Police Station. He must be sure of his facts AND be willing to support a prosecution. Few things irritate a copper more than for the aggrieved to back down and say "I don't want the hassle of appearing in court. Can't someone just go round and warn him?". No, you make the allegation, we investigate and report/charge the offender and you both have your day in court so as to let them decide.

Where was your patch? Aidensfield home of Heartbeat ? We're talking about the real world now.

 

[Paul Narramore]

Maidstone, Crankarm, the night club centre of the southeast (allegedly)

PaulB,
We almost always asked the victim to return the following day as the bruises developed and the photos taken by SOCO were more 'impressive'. I hope you keep us all informed as to the progress of your son's case.

I fear though at the end of the day, it will be regarded as one person's word against another.

 

[PaulB]

The latest news really takes the biscuit. Lancashire police must be the most incompetent gang of Keystone Cops in Britain. Apparently, they won't answer to phone on the number Liam was given and the last he heard from them was to basically warn him not to pursue it. They tried to scare him (the victim, let's not forget, ladies and gentlemen) off by saying that when the perpetrator counter-claims against him, they'll have no option but to lock both of them up until they've got to the bottom of it! Have you ever heard such a load of shite in your life?

 

[Paul Narramore]

This is the standard response when an unwitnessed assault takes place and both sides claim 'it was the other one wot dunnit'. Arrest both parties, investigate it at the Nick and if the real offender still cannot be I/Dd, either knock it on the head or allow the courts to decide.

That is why that sort of advice was given. Me? If I felt strongly enough about it, I would go through with it.

 

[fossyant]

Take 'em on I'd say, then sue (or tell them you would) the pants off them....... he was assaulted, has a reg....... more evidence than a regular scuffle on the street......

Sounds like the 'officer' can't be arsed........

 

[ComedyPilot]

The latest news really takes the biscuit. Lancashire police must be the most incompetent gang of Keystone Cops in Britain. Apparently, they won't answer to phone on the number Liam was given and the last he heard from them was to basically warn him not to pursue it. They tried to scare him (the victim, let's not forget, ladies and gentlemen) off by saying that when the perpetrator counter-claims against him, they'll have no option but to lock both of them up until they've got to the bottom of it! Have you ever heard such a load of shite in your life?

God, I wish I was in your lad's shoes right now. I used to be a copper, so if they told me that I would be locked up till they got to the bottom of it, they would be looking at an IPCC complaint for false imprisonment, plus legal action for damages. (last I heard it was £14,000 per hour (spent in detention) for wrongful arrest)

When a copper arrests someone it has to be a lawful arrest, they have to suspect that the person arrested did the crime, and the arrest is NECESSARY. Therein lies the problem for Lancashire if they did arrest your lad. They would have to justify the arrest to a custody Sgt, who would authorise (or not) his detention (for questioning).

AFAIC work out your lad has offered them all the information, been there as a victim and asked for help. If they are trying to scare him off with an arrest threat, then they are dancing on thin legal ice, my pedigree chum.

I (personally) would call their bluff but, (and it's a BIG one) from this point on say nothing to the police, and anything that gets said tape it, write it down etc, especially the arrest threats, get an inependant witness too if possible. Gather evidence to support you, and seek legal advice. Then make sure your lad tells them police) where he works, his mobile, home number, address etc. This is to remove any necessity for arrest, if they can find him, his disappearing cannot be used as a necessity, and the fact he has tried to progress the enquiry from the start, whilst they have been obstructive negates the 'prompt and effective' necessity test.

Read up on Section 24 of PACE and if you/he feels strongly about it, then you have nothing to lose.

What I would say is that the police have NO say in getting it to court, that is a CPS decision. CPS only send jobs to court with a realistic chance of prosecution. 50/50 or one word against another would not go to court, with no injuries or damage caused.

If this is the case (I don't know it is) then the police should tell your lad this, and not try to fob/scare him off with a threat of arrest.

Hope it makes sense.

 

[ComedyPilot]

This is the standard response when an unwitnessed assault takes place and both sides claim 'it was the other one wot dunnit'. Arrest both parties, investigate it at the Nick and if the real offender still cannot be I/Dd, either knock it on the head or allow the courts to decide.

That is why that sort of advice was given. Me? If I felt strongly enough about it, I would go through with it.

Me too, but I would get my facts right, then remove any necessity for arrest, thereby making any arrest an unlawful one.

S24 PACE. Is there to help a bobby get (bad) people off the street, and to protect people from bobbies that don't know what the fugg they're doing.

 

[Twenty Inch]

I've been assaulted by drivers twice, both times with witnesses who gave statements. Neither time did the coppers follow things through. It's difficult to maintain one's respect for the Police when they can't be arsed to do their jobs.

 

[Paul Narramore]

I've been assaulted by drivers twice, both times with witnesses who gave statements. Neither time did the coppers follow things through. It's difficult to maintain one's respect for the Police when they can't be arsed to do their jobs.

As usual with copper bashing posts, this is lacking in details.

"Neither time did the coppers follow it through" - How do you know that? Were you told the full extent of their enquiries? Did you ask? So what then did you do about it? Did you go to the most senior officer at the Police Station and ask for an explanation? Did you ask why you didn't get an explanation about why nobody was prosecuted?

"They can't be arsed to do their jobs" - How do you know that? How was the investigation followed through? Was anyone arrested? Were there counter allegations? Were the offenders traceable?

Or did you through your arms up in the air and say "It's everybodies fault but my own"?