Issued COVID FPN by a police officer

Issued COVID FPN by a police officer

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Discussion

Lonely

1,099 posts

169 months

Monday 1st March 2021
quotequote all
Nibbles_bits said:
MaxFromage said:
https://twitter.com/neiljmcevoy/status/13663418297...

Have you been out on the beat again Nibbles?

Why on earth are these officers clueless time and time again? It's been national news enough times.
Well these young'uns haven't done their homework have they!!
Glad to see there is a sense of humour in there Nibbles. I'll take you off your POL1 now!

Better ask an old hand if you're not sure what one is! biggrin

Nibbles_bits

1,110 posts

40 months

Monday 1st March 2021
quotequote all
  • IF** I was going to arrest, I'd make sure it was for an actual offence.
The Custody Sgt obviously hasn't done his homework, because he authorised the detention.

If you don't know, don't guess.......just leave well alone.

Lonely

1,099 posts

169 months

Monday 1st March 2021
quotequote all
Nibbles_bits said:
**IF** I was going to arrest, I'd make sure it was for an actual offence.

The Custody Sgt obviously hasn't done his homework, because he authorised the detention.

If you don't know, don't guess.......just leave well alone.
Custody Sgt is legally permitted to assume the arrest has been made lawfully. They should still be asking appropriate questions though.

Nibbles_bits

1,110 posts

40 months

Monday 1st March 2021
quotequote all
Lonely said:
Nibbles_bits said:
**IF** I was going to arrest, I'd make sure it was for an actual offence.

The Custody Sgt obviously hasn't done his homework, because he authorised the detention.

If you don't know, don't guess.......just leave well alone.
Custody Sgt is legally permitted to assume the arrest has been made lawfully. They should still be asking appropriate questions though.
I don't think "assume" is correct.

Satisfied that the arrest is lawful and the detention is necessary.

Nibbles_bits

1,110 posts

40 months

Monday 1st March 2021
quotequote all
CHECK ME OUT!!

Doing work research in my own time smile

Lonely

1,099 posts

169 months

Monday 1st March 2021
quotequote all
Nibbles_bits said:
Lonely said:
Nibbles_bits said:
**IF** I was going to arrest, I'd make sure it was for an actual offence.

The Custody Sgt obviously hasn't done his homework, because he authorised the detention.

If you don't know, don't guess.......just leave well alone.
Custody Sgt is legally permitted to assume the arrest has been made lawfully. They should still be asking appropriate questions though.
I don't think "assume" is correct.

Satisfied that the arrest is lawful and the detention is necessary.
There is a slight difference in what you and I have said. Yes you are correct in that the Sgt has to be satisfied the arrest is lawful - in other words the officer has explained why the person is being presented. I said the Sgt can assume the arrest has been made lawfully.

Big difference in the promotion examination way............if you ever change your mind and fancy it! wink

Graveworm

8,500 posts

72 months

Monday 1st March 2021
quotequote all
MaxFromage said:
https://twitter.com/neiljmcevoy/status/13663418297...

Have you been out on the beat again Nibbles?

Why on earth are these officers clueless time and time again? It's been national news enough times.
Isn't that in Wales? I think the regs are different there. Obviously almost certainly could have found another way to deal with it though.

Edited by Graveworm on Monday 1st March 20:35

Frenchenstein

5 posts

66 months

Monday 1st March 2021
quotequote all
As far as I’m aware there have been less than 300 “fines” for China Virus rule breakers. All have not reached a court. All have not passed CPS scrutiny. Even if you do receive a “fine” take the option of a court appearance. No judge in the land will touch it. Best of luck.

Greendubber

13,228 posts

204 months

Monday 1st March 2021
quotequote all
Graveworm said:
MaxFromage said:
https://twitter.com/neiljmcevoy/status/13663418297...

Have you been out on the beat again Nibbles?

Why on earth are these officers clueless time and time again? It's been national news enough times.
Isn't that in Wales? I think the regs are different there.
They are indeed.

Graveworm

8,500 posts

72 months

Monday 1st March 2021
quotequote all
Frenchenstein said:
As far as I’m aware there have been less than 300 “fines” for China Virus rule breakers. All have not reached a court. All have not passed CPS scrutiny. Even if you do receive a “fine” take the option of a court appearance. No judge in the land will touch it. Best of luck.
There have been 60,000 Fixed penalty notices ("Fines"), many cases have reached a court and many have been convicted by a judge.
You may be getting confused with the Coronavirus act, which was many times incorrectly prosecuted. (There are no FPNs for the act) The Coronavirus Regulations ("Rule breakers") are entirely different and amongst those who don't pay the FPN or are sent to court, most pass the CPS test. Indeed, where the Act is incorrectly charged, frequently the CPS substitute the correct Coronavirus offence.


Edited by Graveworm on Monday 1st March 20:50

Electro1980

8,318 posts

140 months

Monday 1st March 2021
quotequote all
MaxFromage said:
Electro1980 said:
So you think it’s a failing of a person if their employer does not provide them with the training they need to do their job in work time?
Eh? Nice strawman argument there.
That’s not a straw man. It is literally the issue at hand. Officers being criticised for not knowing the law and then people claiming that they should be learning in their own time.

johnao

669 posts

244 months

Monday 1st March 2021
quotequote all
Chicken Chaser said:
blueg33 said:
Local is not in the regulations.
Any mention of distance is absent. The legislation doesn't even mention reasonable distance.
The legislation says one must have a reasonable excuse for leaving one’s home.
Being at an outdoor location for exercise is specified as being a reasonable excuse.
The legislation is silent on distance between home and location of exercise.

Question: if one is issued with a fpn for driving 50 miles to an outdoor location for exercise, as many people have been, and one challenges the fpn in court, is it likely that the magistrates, many of whom don’t understand the law, will convict on the basis that it is not reasonable, and therefore not a reasonable excuse, to travel 50 miles for an albeit permitted activity?

Oceanrower

924 posts

113 months

Monday 1st March 2021
quotequote all
johnao said:
The legislation says one must have a reasonable excuse for leaving one’s home.
Being at an outdoor location for exercise is specified as being a reasonable excuse.
The legislation is silent on distance between home and location of exercise.

Question: if one is issued with a fpn for driving 50 miles to an outdoor location for exercise, as many people have been, and one challenges the fpn in court, is it likely that the magistrates, many of whom don’t understand the law, will convict on the basis that it is not reasonable, and therefore not a reasonable excuse, to travel 50 miles for an albeit permitted activity?
No

MaxFromage

1,899 posts

132 months

Monday 1st March 2021
quotequote all
Graveworm said:
Isn't that in Wales? I think the regs are different there. Obviously almost certainly could have found another way to deal with it though.

Edited by Graveworm on Monday 1st March 20:35
Yes door to door I think. That wasn't really the point. It's riding roughshod over decades of sensible policing.

MaxFromage

1,899 posts

132 months

Monday 1st March 2021
quotequote all
Electro1980 said:
That’s not a straw man. It is literally the issue at hand. Officers being criticised for not knowing the law and then people claiming that they should be learning in their own time.
We you can continue to argue with the dictionary.

Call me old fashioned, but if my job involved making life-changing decisions for members of the public, I'd make damn sure I knew the rules inside out. It's hardly rocket science, a few hours on google and you wouldn't be making stupid decisions. All these officers we see can't be thick, they must just be ignorant.

Graveworm

8,500 posts

72 months

Monday 1st March 2021
quotequote all
johnao said:
The legislation says one must have a reasonable excuse for leaving one’s home.
Being at an outdoor location for exercise is specified as being a reasonable excuse.
The legislation is silent on distance between home and location of exercise.

Question: if one is issued with a fpn for driving 50 miles to an outdoor location for exercise, as many people have been, and one challenges the fpn in court, is it likely that the magistrates, many of whom don’t understand the law, will convict on the basis that it is not reasonable, and therefore not a reasonable excuse, to travel 50 miles for an albeit permitted activity?
Travelling/driving to exercise is not a defined reasonable excuse. It's the exercise that is. Obviously one can't exercise, without travelling, and in England there is no specific restriction on distance, but being away from home, including the journey does need to constitute a reasonable excuse.

The defined, explicit reasonable excuses to leave or be away from where you live are prefaced by reasonably necessary.

A court could determine if the journey was, implicitly, a reasonable excuse or whether it was none the less a reasonable excuse. If it was unconvinced then it could convict.

XCP

16,947 posts

229 months

Monday 1st March 2021
quotequote all
Why cannot one exercise without travelling? I could exercise in my living room if I were so minded.

Pothole

34,367 posts

283 months

Monday 1st March 2021
quotequote all
XCP said:
Why cannot one exercise without travelling? I could exercise in my living room if I were so minded.
Who is saying one can't?

NGee

2,399 posts

165 months

Monday 1st March 2021
quotequote all
XCP said:
Why cannot one exercise without travelling? I could exercise in my living room if I were so minded.
Physically, yes. Mentally, no. And that's what is going to be a major problem for years to come.

Ian Geary

4,497 posts

193 months

Monday 1st March 2021
quotequote all
Pothole said:
XCP said:
Why cannot one exercise without travelling? I could exercise in my living room if I were so minded.
Who is saying one can't?
The people driving 20 odd miles to exercise, and them wondering why the boys and girls in blue are giving them bits of paper?