Can you get nicked by an off duty cop
Can you get nicked by an off duty cop
Author
Discussion

blademan

Original Poster:

493 posts

260 months

Thursday 24th June 2004
quotequote all
Just wondered, as, when I was a wee lad of 20, I did silly thing in Capri 3000S and a geezer claiming to be off duty plod had a go but didn't book me. I reckon it was a civvy though

Streetcop

5,907 posts

260 months

Thursday 24th June 2004
quotequote all
You can get 'arrested' by an off-duty police officer, providing he has his warrant card with him.

As for motoring offences, ie: dangerous driving. The officer, ideally should write a statement when next on duty and then a different officer should interview/report you. The old story about your word against his would then me brought into practise.

However, there are obviously some times when this is not the case, but on the whole Magistrates tend to give great credit to the account of the police officer. (Rightly or wrongly)

JMGS4

8,881 posts

292 months

Thursday 24th June 2004
quotequote all
IMHO ANYbody can make an arrest, but trying to stop a car is plain stoopid...you might get runover!!!

And IMHO an off-duty BiB can nick you as they have more powers than the ordinary guy on the street...

loaf

850 posts

283 months

Thursday 24th June 2004
quotequote all
IIRC anyone can arrest anyone else if they actually witness the commission of the offence. Plod - on duty or not - can also arrest on suspicion of commission of an offence as long as they can positively identify themsleves as Plod (warrant card). There's all sorts of stuff around what is arrestable and what isn't; there are also powers of arrest that are only activated after certain conditions are met.

You are required (I think) only to stop your vehicle on the instructions of a police constable in uniform.

There are one or two offences that the public can arrest for but Plod can't - can't remember what exactly, one of the BiB can probably give chapter and verse if they are so inclined

Streetcop

5,907 posts

260 months

Thursday 24th June 2004
quotequote all
loaf said:
IIRC anyone can arrest anyone else if they actually witness the commission of the offence. Plod - on duty or not - can also arrest on suspicion of commission of an offence as long as they can positively identify themsleves as Plod (warrant card). There's all sorts of stuff around what is arrestable and what isn't; there are also powers of arrest that are only activated after certain conditions are met.

You are required (I think) only to stop your vehicle on the instructions of a police constable in uniform.

There are one or two offences that the public can arrest for but Plod can't - can't remember what exactly, one of the BiB can probably give chapter and verse if they are so inclined


Everything you said was correct and true apart from the last paragraph. Totally lost me there...

loaf

850 posts

283 months

Thursday 24th June 2004
quotequote all
Streetcop said:

loaf said:
IIRC anyone can arrest anyone else if they actually witness the commission of the offence. Plod - on duty or not - can also arrest on suspicion of commission of an offence as long as they can positively identify themsleves as Plod (warrant card). There's all sorts of stuff around what is arrestable and what isn't; there are also powers of arrest that are only activated after certain conditions are met.

You are required (I think) only to stop your vehicle on the instructions of a police constable in uniform.

There are one or two offences that the public can arrest for but Plod can't - can't remember what exactly, one of the BiB can probably give chapter and verse if they are so inclined



Everything you said was correct and true apart from the last paragraph. Totally lost me there...


Read something a while ago - might even have been on here - that indecent exposure and importuning are citizen's arrestable, but not Plod arrestable...could have been duff gen...

Dwight VanDriver

6,583 posts

266 months

Thursday 24th June 2004
quotequote all
..... but Plod is firstly a citizen but also happens to wear a uniform (sometimes).....

DVD

loaf

850 posts

283 months

Thursday 24th June 2004
quotequote all
Dwight VanDriver said:
..... but Plod is firstly a citizen but also happens to wear a uniform (sometimes).....

DVD


Valid point...how would that work then? Just out of curiosity...

rsvmilly

11,288 posts

263 months

Thursday 24th June 2004
quotequote all
Assume Mr A witnesses Mr B comitting an arrestable office and tries to perform a citizens arrest.

Mr B tells him to eff off.

Would a court view this as resisting arrest? And would it carry the same penalties as resisting BiB?

Streetcop

5,907 posts

260 months

Thursday 24th June 2004
quotequote all
Yes..sort of..

There is an offence of assualt with intent to resist arrest and that assault doesn't have to be against a constable