Agressive driving from an unmarked car
Discussion
I was driving on the M6 yesterday at a fairly sedate pace in the middle lane then a 5 series bmw flys up from nowhere behind me and starts tailgating me with a dangerously close proximity to my bumper. Around 1 minute later he overtakes me accelerates towards to the next car in front and does the same. We encountered traffic and he was undertaking everything, pulling into small gaps without indicating and clearly aggravating other road users. Traffic cleared and another BMW 5 series was his next obstacle - who attempted to accelerate away from him and was subsequently shown the blue lights and pulled over.
Is it fair that the police are driving in an aggressive manner seemingly to instigate bad driving from other vehicles?
Is it fair that the police are driving in an aggressive manner seemingly to instigate bad driving from other vehicles?
Durzel said:
Entrapment as a concept doesn't exist in UK Law as far as I'm aware.
True-ish, I think, but this is worth a read: http://www.lawgazette.co.uk/55972.articlearticle said:
there is no defence of entrapment in English law (R v Sang [1980] AC 402). However, it is also considered to be an abuse of court process for agents of the state to lure citizens into committing illegal acts and then seek to prosecute them for doing so. State-created entrapment of this sort will result in a stay of proceedings.
The leading case on entrapment is R v Loosely [2001] UKHL 53. The case was concerned with the actions of undercover police officers carrying out test purchase operations. Lord Nicholls identified that a useful guide when considering whether the conduct of the police amounted to inciting or instigating crime was to ascertain whether the police did more than present the defendant with an unexceptional opportunity to commit a crime. If the police conduct preceding the commission of the offence was no more than might have been expected by others in the circumstances this would not constitute entrapment. If, however, it went beyond this an abuse of process by the state may well be established.
The leading case on entrapment is R v Loosely [2001] UKHL 53. The case was concerned with the actions of undercover police officers carrying out test purchase operations. Lord Nicholls identified that a useful guide when considering whether the conduct of the police amounted to inciting or instigating crime was to ascertain whether the police did more than present the defendant with an unexceptional opportunity to commit a crime. If the police conduct preceding the commission of the offence was no more than might have been expected by others in the circumstances this would not constitute entrapment. If, however, it went beyond this an abuse of process by the state may well be established.
€568 - on the spot fine WCZ said:
No, would you have done?
Not sure. I think in all likelihood it would be one of those things that would have occurred to me, circumstances on the motorway make it difficult to stop, I would have not bothered and then regretted it afterwards.I do always try and stop though as I have experienced the results of no one stopping to offer to be a witness for me in a crash and so understand quite how frustrating it can be that so many people witnessed something that they could stop me being wronged but didn't bother for whatever reason.
blindswelledrat said:
...stop me being wronged but didn't bother for whatever reason.
If a magic sign appeared over the guilty party's head for all to see that said "I am going to lie about this later", I think most people would stop.Assumption both parties will be honest and sort it out + not wanting to be an interfering do-gooder + nowhere to stop + having stuff to do = Most won't stop.
Annoying though in the wrong circumstances, I know.
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