Have I missed something?
Have I missed something?
Author
Discussion

Chesta

Original Poster:

256 posts

288 months

Saturday 7th October 2006
quotequote all
Picture the scenario:
It's 4am, Easter Monday.
Ding dong goes the doorbell, and Mr Police Constable standing on my doorstep say "Is that your car there sir?" "Yes" says I. Well, you may like to know that there's been a fight in the street, and we've got a bloke in our cells that was seen bouncing his fighting partner's head off your windscreen. You may wish to inspect the damage, before you drive your car tomorrow"
So out I go, and blow me, there's a bowl-shaped indent in the windscreen, about 18 inches in diameter, and concaved towards the dash by about 4-6 inches. Great, bet that won't be cured by a bit of sellotape thinks I. Wonder how the other guy's head is?
"But don't worry says the PC- we've got one of your neighbours as a witness that saw the entire thing- we've taken his statement, and the guy that did the damage is in our cells" says the PC. "Do you want to press charges?" he asks. "Yes" says I. "OK, we'll be in touch" says the PC......
So, nowt to do now except cover up the mess with some plastic sheets, and go back to bed, get some sleep & sort the screen in the morning.......

Morning comes, call the insurance company, no problem, new windscreen fitted, £50 excess paid (cash) job done. Scrote will get his just deserves thinks I.

3 months go past, during which time I call the PC, get an incident number, then call again a couple of times for updates. PC comes to my house, takes my statement, again, not a problem.

Then, tonight I get a call from the PC:
"The CPS won't continue with the case because the witness saw everything, including the guy being loaded into our van. That's the problem- we can't use this witness' evidence because he saw him being taken away by us & it will prejudice the case & his witness testimony given in court (which he has apparently agreed to do)"

The neighbour is doing the good & right thing in my opinion, all off his own back, assisting with enquiries, standing up to be counted etc, and the guy that smashed my windscreen has jumped bail once, moved house twice since, and the BiB have still managed to trace him on other offences since this one.

I'm not really bothered what happens now, it's in the past & I've written off the money.

My question is: what if the guy had committed a more serious crime, caused serious hurt (or worse) to someone.......would the same scenario regarding the witness' statement & court appearence still apply?

go4it2

59 posts

267 months

Saturday 7th October 2006
quotequote all
Sorry, but that excuse sounds rubbish to me.

In fact I would say thats good evidence...witness see's offence, police attend and arrest the same person all in his/her sight, so not wrong person and then taken away. Result.

vonhosen

40,597 posts

247 months

Saturday 7th October 2006
quotequote all
I agree, don't believe it.
The man I saw commiting the offence, is the man I saw arrested & put in the van is excellent evidence.

7db

6,060 posts

260 months

Saturday 7th October 2006
quotequote all
Imagine it were a confession...the subject would have seen himself being put in the van -- that wouldn't make it inadmissable.

insanojackson

6,026 posts

274 months

Saturday 7th October 2006
quotequote all
The cop is talking crap. Its good identification evidence if the witness can say the cops dragged the same person into the van that he saw cause the damage.

chrisbb

140 posts

267 months

Saturday 7th October 2006
quotequote all
It's odd isn't it that some people seem to be able to commit crime after crime yet still walk free to commit yet another crime, but equally some people get the 'book thrown at them' for first offences with a blemish free record. Is there is a special club you can join?

Scraggles

7,619 posts

254 months

Saturday 7th October 2006
quotequote all
you forget that the CPS is the Criminal's Prosecution service and they will do as much as possible to avoid jailing criminals, especially as the jails are officially full

Mr_annie_vxr

9,270 posts

241 months

Saturday 7th October 2006
quotequote all
The above case does not supprise me. The Criminal Protection Service have a different rule book to everyone else in society. I would guess they have stated that the witness may have had their identity of the offender prejudiced as they saw him being placed in the vehicle. As such they then confirmed it was the same offender rather than picking the chap out and he was then arrested.

Thats the only logic I can apply. It just sounds like typical CPS lack of backbone as the guy was probably not admitting it.

To be fair though they have targets etc and if they didn't a lot more jobs would get through. Lets be honest though the fella would have only been given a small fine or community service he wouldn't turn up for.

Oh and if you think you were frustrated how do you think those officers would have felt with all those hours wasted and yet another 'stonebonker' job lost.

chrisbb

140 posts

267 months

Saturday 7th October 2006
quotequote all
Sorry bit off topic.
In my local paper a woman was arrested for not handing a football back that had gone over her fence into her back garden, bib arrive take her to police station, dna and fingerprints taken and held for questioning.

Who makes the decision that she would be arrested and a school that is under threat from a drug addict with a club in his hand makes 4 calls to the bib and all are ignored? Is it a PC or are these things decided at a higher level and the PC has to do as he is told and take the flack from the public? I can't understand how some people ring the police and get an instant response ie chap whose son had been pain in neck and kicked umpteen balls over neighbours fence, and others ring and get fobbed off.

Mr_annie_vxr

9,270 posts

241 months

Saturday 7th October 2006
quotequote all
Most cases depends if the crime is happening here and now and what the background is. That ariticle you refer to is on another thread. Also as stated there will be lots more than just that incident. I'd suggest an ongoing issue between her and the neighbours that this is the tip of the iceberg of.

It also depends on time of day you call and availability of resources when you make the call. All forces has set attendence criteria which all revolve round how the call is first taken and graded.

The police like all organisations have peak busy times.. 3pm -7pm( schools out people come home and discover crime) then 10pm-1am(alcohol feulled incidents/ domestics and fights) and normaly about 7am-10am(rtc's).

TVR 3X

1,233 posts

297 months

Saturday 7th October 2006
quotequote all
If you have legal insurance then try to get them to chase the guy for you in the Civil court.

Chesta

Original Poster:

256 posts

288 months

Saturday 7th October 2006
quotequote all
Mr_annie_vxr said:
I would guess they have stated that the witness may have had their identity of the offender prejudiced as they saw him being placed in the vehicle. As such they then confirmed it was the same offender rather than picking the chap out and he was then arrested.

Thats the only logic I can apply. It just sounds like typical CPS lack of backbone as the guy was probably not admitting it.

Oh and if you think you were frustrated how do you think those officers would have felt with all those hours wasted and yet another 'stonebonker' job lost.


Nail, Hammer, Head, Hit !
That's exactly the situation.

The thing I don't understand though is the fact that it was the very same neighbour who witnessed the entire fight, saw the damage done to my car, called the BiB, saw the guy being loaded into the van, and then followed it all up with his statement, minutes after the BiB had arrived.

I agree that the most frustrating part is the time taken (& subsequently wasted) by the PC dealing with the case. I really don't care about the windscreen, that part is done, over, finished. The part that smacks me as incompetent, is the attitude the CPS are taking about it.

Would this procedure still be the case if the guy had caused his fighting partner some real damage (caused blindness, disfigured face, scarred etc)???????

Peter Ward

2,097 posts

286 months

Sunday 8th October 2006
quotequote all
chrisbb said:
It's odd isn't it that some people seem to be able to commit crime after crime yet still walk free to commit yet another crime, but equally some people get the 'book thrown at them' for first offences with a blemish free record. Is there is a special club you can join?

To achieve the former, commit lots of "petty" crime that the public care about but which is not on Tony's priority list. To achieve the latter, join the club known as "motorists".

Mr_annie_vxr

9,270 posts

241 months

Sunday 8th October 2006
quotequote all
The 'logic' to the throw the book at normal people (and i say normal as I have a low opinion of persistant criminals that are destroying the country I live in) is that we should know better as the poor crack addict had a broken home a poor up bringing or some other excuse for there selfish criminality wheras you or I have had a 'good' life now and as such should be dealt with harshly so we dont do wrong again.

Still "tough on crime, tough on the causes of crime"furious

turbobloke

117,328 posts

290 months

Sunday 8th October 2006
quotequote all
Mr_annie_vxr said:
The 'logic' to the throw the book at normal people (and i say normal as I have a low opinion of persistant criminals that are destroying the country I live in) is that we should know better as the poor crack addict had a broken home a poor up bringing or some other excuse for there selfish criminality wheras you or I have had a 'good' life now and as such should be dealt with harshly so we dont do wrong again.

Still "tough on crime, tough on the causes of crime"furious


Yes, I get the feeling you're not in full agreement with the 'logic' !

I believe this is what BLiar and his coterie of incompetent pseuds and bull5hitters risibly refer to as 'social justice' smash

Some justice of the 'natural justice' kind will do nicely.