Arrested, de-arrested before processing and then questioned

Arrested, de-arrested before processing and then questioned

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Discussion

anonymous-user

53 months

Wednesday 28th June 2017
quotequote all
GC8 said:
First, stop posting about it on PH - for every well-intentioned or helpful reply you'll receive ten from bell ends.
GC8 said:
My slightly more controversial advice will be that you should not consider summary trial, because you will be found guilty. Go straight to crown court where you will receive a proper hearing, if it even goes ahead.
My understanding is that the Harassment alleged is not an either way offence, therefore there is no an option to elect Crown Court.

GC8

19,910 posts

189 months

Wednesday 28th June 2017
quotequote all
janesmith1950 said:
GC8 said:
First, stop posting about it on PH - for every well-intentioned or helpful reply you'll receive ten from bell ends.
GC8 said:
My slightly more controversial advice will be that you should not consider summary trial, because you will be found guilty. Go straight to crown court where you will receive a proper hearing, if it even goes ahead.
My understanding is that the Harassment alleged is not an either way offence, therefore there is no an option to elect Crown Court.
Im not sure that that is great for justice. I think that this makes a good solicitor even more important then as they may be able to persuade the CPS not to go ahead. If not, then be prepared to be found guilty even if the prosecution admit that you didn't do anything wrong, and appeal . I believe that there wont be a jury at the Crown Court case, but there wont be any nonsense either.

surveyor_101

5,069 posts

178 months

Wednesday 28th June 2017
quotequote all
All sounds a bit Jeremy Kyle to me....

The contents of your later messages weren't wise especially as hear say from a friend and if you sent a number of those type of msgs in a in period of time they could be taken as to cause alarm or distress but they are not damming either.

Either way you well shot of her never understood why people go back to ex's, they are ex for a reason.

I can't see it going anywhere but I wouldn't tex her again. I would let it go and move on.

I had a messy break up years ago when I was young and ex gf made a compliant and dropped it when her lies unravelled.

If she tex you again go straight to the police and the investigating officer thats what I did as she starting tex me 24 hours after my arrest saying she was sorry and wanted to try again!

I made a complaint to the police and ignored the msgs as I was told any contact would be viewed as intimidating a witness.

Edited by surveyor_101 on Wednesday 28th June 13:33

mickmcpaddy

1,445 posts

104 months

Wednesday 28th June 2017
quotequote all
I live by myself and occasionally think it would nice to have a woman around, then I read threads like this and have to give myself a good slap for even contemplating it.

There is only one fact anyone needs to know, women are fking mental, especially the ones with cats.

anonymous-user

53 months

Wednesday 28th June 2017
quotequote all
I think the OP means he was cautioned during the interview i.e. "You do not have to say anything", as opposed to receiving a simple adult caution as a disposal.

The apparent blue light response does sound odd, too.

I assume the OP means the Magistrates rather than Family court.

Red Devil

13,055 posts

207 months

Wednesday 28th June 2017
quotequote all
XCP said:
Op should have been told that he was not under arrest and that he was not obliged to remain at the police station too.
According to him, that's exactly what happened.

robox72 said:
...after 10 minutes the arresting officer came out and told me I was ' de-arrested ' and I was free to go.
Unfortunately, due to his naivety in respect of the process, he didn't take that opportunity and chose to stay and be interviewed..
Had it been deferred until a later date, he could have gone armed with legal advice/representation.

robox72 said:
Also just to add. I have to travel 35 miles to the family court. Whereas she gets to go to the local court to give her evidence by video link ??
At the first hearing, after sitting around all day it became apparent that there wasn't going to be enough time for the hearing and it was going to be adjourned. The prosecution approached my solicitor with the option of me signing a ' no contact order ? ' and that would be it. I agreed as my solicitor said that even if I was acquitted that this would be likely to happen anyway. I said that there would be no way that she would agree to it due to her spiteful nature, but he said ' you might be surprised as it will mean she won't have to reappear ' sure enough 10 mins later it came back that she wasn't prepared to accept that and she wanted it adjourned and to go to trial.
You can never tell when a mental will suddenly go off the rails.

Something else which is far from clear. You mention the family court in one sentence and prosecution in another.
The family division is part of the High Court (i.e. civil, not criminal). Prosecution implies a criminal charge which will be heard by magistrates.
Completely separate branches of the legal system.

it is possible that there have been further allegations made. Otoh, if a criminal charge has been brought it could be the CPS getting its knickers in a twist.
http://www.dailymail.co.uk/news/article-449320/Cou...

La Liga said:
You should always have a solicitor when being interviewed by the police.
^^This^^


robox72

Original Poster:

35 posts

180 months

Wednesday 28th June 2017
quotequote all
Yes. It is Magistrates court.

robox72

Original Poster:

35 posts

180 months

Wednesday 28th June 2017
quotequote all
Yes I was cautioned as in read my rights. Not as in given a warning. And no, she hasn't made any claims that I was physical, even she wouldn't stoop that low ! And I haven't messaged her ever again or even looked at her if I drove past since this incident back in November.

mjb1

2,552 posts

158 months

Wednesday 28th June 2017
quotequote all
robox72 said:
Yes I was cautioned as in read my rights. Not as in given a warning. And no, she hasn't made any claims that I was physical, even she wouldn't stoop that low ! And I haven't messaged her ever again or even looked at her if I drove past since this incident back in November.
How do you know for what accusations she originally made? No reason for plod to come out at 1am with blue lights to arrest you, especially so long after the 'offence'. And it wouldn't be normal for them to confiscate your shotguns unless they were relevant in some way (i.e. she told them "he's got guns and a temper and I'm scared he'll do something bad").

robox72

Original Poster:

35 posts

180 months

Wednesday 28th June 2017
quotequote all
My solicitor showed me her original statement to the police. And I believe all that was said regarding my shotguns was that I owned shotguns.

robox72

Original Poster:

35 posts

180 months

Wednesday 28th June 2017
quotequote all
I think that the reason there was such a heated discussion between the custody sergeant and the arresting officer was in regard to the manner in which I was arrested.

robox72

Original Poster:

35 posts

180 months

Wednesday 28th June 2017
quotequote all
As a side note. Although the arresting officer was a perfectly pleasant enough chap, he did do and say a few odd things. Most notably was whilst talking about my cars that were parked on the driveway he said that he had been a traffic officer, and by the style of his driving which was slightly erratic to say the least, I highly doubt it !
I hasten to add that I have friends who are in the police and I also dated a wpc for a while and I have nothing but respect and admiration for the difficult and often thankless job they do.

Derek Smith

45,512 posts

247 months

Wednesday 28th June 2017
quotequote all
robox72 said:
As a side note. I also dated a wpc for a while and I have nothing but respect and admiration for the difficult and often thankless job they do.

Greendubber said:
Something does not add up.

robox72

Original Poster:

35 posts

180 months

Wednesday 28th June 2017
quotequote all
Now, now wink

XCP

16,875 posts

227 months

Thursday 29th June 2017
quotequote all
mickmcpaddy said:
I live by myself and occasionally think it would nice to have a woman around, then I read threads like this and have to give myself a good slap for even contemplating it.

There is only one fact anyone needs to know, women are fking mental, especially the ones with cats.
Then again, I have been married to the same lovely lady for 36 years. You can't generalise.

Andehh

7,107 posts

205 months

Thursday 29th June 2017
quotequote all
Get a decent solicitor. GET A DECENT SOLICITOR.

Christ, if you can afford a £6,000 engagement ring (an instant warning sign she is mental...) then you can afford a decent Solicitor. Don't skimp on a £1,000 now to risk having something on your record spoil the perfect job etc in future.

superlightr

12,842 posts

262 months

Thursday 29th June 2017
quotequote all
robox72 said:
As a side note. Although the arresting officer was a perfectly pleasant enough chap, he did do and say a few odd things. Most notably was whilst talking about my cars that were parked on the driveway he said that he had been a traffic officer, and by the style of his driving which was slightly erratic to say the least, I highly doubt it !
I hasten to add that I have friends who are in the police and I also dated a wpc for a while and I have nothing but respect and admiration for the difficult and often thankless job they do.
if they are arresting you, interviewing you they are not your "friends" they are trying to get you to incriminate yourself. They are being pleasant because they want you to help them get the evidence to charge you.


They manner of talking with you and interview techniques is quite refined - they want you to relax, they want you to tell them in your own words what happened, have a cup of tea Mr Robox72 - this must be very stressful for you to be pulled in here, I'm sure you can understand the we have to look into complaints, but im sure we can resolve this quickly and get you home again........do you want some biscuits with your tea? ........your story they way they will analyse your statements will give clues as to where you are weak on or where they can push further on.


Red Devil

13,055 posts

207 months

Thursday 29th June 2017
quotequote all
Andehh said:
Get a decent solicitor. GET A DECENT SOLICITOR.

Christ, if you can afford a £6,000 engagement ring (an instant warning sign she is mental...) then you can afford a decent Solicitor. Don't skimp on a £1,000 now to risk having something on your record spoil the perfect job etc in future.
You're assuming his hasn't already blown all his dosh on the ring (and the rest of the stuff he has been paying for)... wink

selym

9,539 posts

170 months

Thursday 29th June 2017
quotequote all
speedking31 said:
Your idea of polite is different to mine smile
robox72's text said:
I know that to you people's opinions don't count. // Thank you for the deceit, lies and gutless time wasting.
I may have missed something, or am due a visit from a parrot, but where did you get the texts from?

worsy

5,776 posts

174 months

Thursday 29th June 2017
quotequote all
selym said:
speedking31 said:
Your idea of polite is different to mine smile
robox72's text said:
I know that to you people's opinions don't count. // Thank you for the deceit, lies and gutless time wasting.
I may have missed something, or am due a visit from a parrot, but where did you get the texts from?
OP posted them further up.