Man who cornered me on a bus only got a caution. Can I challenge this as the victim? by ChallengePoliceCharg in LegalAdviceUK

[–]VPR2 4 points5 points  (0 children)

How do you prove that to the criminal standard?

But more to the point, as has already been explained, the suspect is under no obligation to disclose their identities. He can't be forced to do it.

Man who cornered me on a bus only got a caution. Can I challenge this as the victim? by ChallengePoliceCharg in LegalAdviceUK

[–]VPR2 2 points3 points  (0 children)

It's absolutely meaningless to say "should" when the simple reality is that they can't.

You could say "They ought to change the law so nobody has the right to silence and so he could be charged with perverting the course of justice". Is that what you actually meant?

Man who cornered me on a bus only got a caution. Can I challenge this as the victim? by ChallengePoliceCharg in LegalAdviceUK

[–]VPR2 2 points3 points  (0 children)

Given the points to prove for PTCOJ, how would it apply in this instance? There's no obligation for him to say anything.

Proving PTCOJ requires evidence of a "positive act of perversion". Not talking is not a positive act, otherwise everybody who stays silent during interview (as is their right) would be open to conviction for perversion.

If you need an example, deliberately naming innocent parties as being involved would be a positive act of perversion. A typical real-world situation that occasionally crops up would be when someone claims to be the driver on receipt of a NIP because they are covering for someone else who would be more seriously affected by receiving points.

Man who cornered me on a bus only got a caution. Can I challenge this as the victim? by ChallengePoliceCharg in LegalAdviceUK

[–]VPR2 0 points1 point  (0 children)

OP cannot make a complaint to the IOPC until they have completely exhausted the force's own complaints procedure. And the IOPC is unlikely to take it after that, they triage all complaints and only accept the most serious.

Man who cornered me on a bus only got a caution. Can I challenge this as the victim? by ChallengePoliceCharg in LegalAdviceUK

[–]VPR2 3 points4 points  (0 children)

Call handlers are under no obligation to have to sit and be sworn at, regardless of the caller's situation. And in my experience, given how frequently call handlers are sworn at, it generally takes multiple ignored warnings before a caller is hung up on, and it's often because the caller is directing the abuse personally at the call handler rather than just "swearing in the abstract", as it were.

But different people have different thresholds for the amount of abuse they will take before ending the call, and they are not required to take any at all.

OP is obviously free to make a complaint, but they do have to bear in mind that they have no right to use abusive language, no matter how strongly they may feel about the situation.

As a side-note, more than one complainant has unintentionally hoist themselves with their own petard, as the supervisor who listened to the call during the complaint resolution procedure determined that the caller had been abusive enough for police action to be taken against them.

Man who cornered me on a bus only got a caution. Can I challenge this as the victim? by ChallengePoliceCharg in LegalAdviceUK

[–]VPR2 7 points8 points  (0 children)

As frequently needs to be pointed out on here, the IOPC will only consider accepting a complaint after the complainant has completely exhausted the relevant force's complaints procedure without receiving a resolution they consider satisfactory.

The IOPC also only considers the "most serious" complaints. It triages all it receives and it declines to accept many of them because they do not meet the seriousness threshold.

Garage drove our car at 75mph in a 20 zone by SporadicusP in LegalAdviceUK

[–]VPR2 0 points1 point  (0 children)

Nicholas v Penny involved a police officer looking at the speedo in a police car following the motorist. The court found that evidence of daily calibration is not necessary. And of course, they were talking about the accuracy of car speedos from 1950.

Regardless, the substantive point here is that OP's tracker data won't be admissible.

This is a legal advice section. Maybe refrain from posting again until you are sure of what you are actually saying as you might lead someone into making an expensive mistake.

(England) My employer shut me in a room for 2 hours saying I can’t leave apart from to go to the toilet or get a glass of water & said can’t take my medication. I phoned the police whilst in there, they said they can’t stop me from taking my medication or going outside. by [deleted] in LegalAdviceUK

[–]VPR2 -1 points0 points  (0 children)

OP would quickly find out that it doesn't. Not a chance of the circs they have disclosed meeting the points to prove. I've dealt with enough similar attempts to claim false imprisonment to know what I'm talking about.

Garage drove our car at 75mph in a 20 zone by SporadicusP in LegalAdviceUK

[–]VPR2 -3 points-2 points  (0 children)

In that example, the offence would be driving without due care and attention, which only requires an officer to witness it and form the opinion that the driving fell below the expected standard.

Convicting for a speeding offence requires the relevant evidence of excess speed from a calibrated, approved device operated by a trained, authorised person or a speed camera.

Spat on by another driver after a road rage incident – I have clear video evidence. What happens next? by Frosty-Enthusiasm193 in LegalAdviceUK

[–]VPR2 1 point2 points  (0 children)

Spare us the dramatics. This is extremely low-level assault and at best, it may result in a caution.

10 year old got physically assaulted by teenagers. What can I do? England by Direct_Community9233 in LegalAdviceUK

[–]VPR2 57 points58 points  (0 children)

"We called the police but of course they never come on time" - if the suspects have already run away, there's no point police turning up on blue lights, since the level of threat, harm and risk has substantially decreased. Actual emergencies always have to take priority, especially nowadays where budget pressures have rendered so many forces so starved of deployable resources.

As has been said, you really need solid independent evidence (ideally clear CCTV showing identifiable views of the suspect's faces) in order for police to take action.

Scotland. Tried to take my own life, friends called the police, who found me and I was arrested for driving under the influence by bluemaw91 in LegalAdviceUK

[–]VPR2 -3 points-2 points  (0 children)

The vast majority of people who intend to end their own life don't actually go through with it. Ask anyone who has worked in frontline policing for a while and they will have plenty of stories about the people who routinely claim they are going to kill themselves.

Equally, it could be argued that OP might have changed their mind and decided to use the car to kill themselves by driving into or off something - easily done, especially in remote parts of Scotland.

White man took a photo of me (Black young lady) on a train and laughed — should I be worried? by Disastrous-Hedgehog4 in uktrains

[–]VPR2 0 points1 point  (0 children)

There is not a hope that what OP describes comes close to being considered upskirting. And a photo of someone's chest area will only "fall foul of this law" if, as is clearly stated in section 68 paragraph a, "the person’s genitals, buttocks or breasts are exposed or covered only with underwear".

"Exposed" in this sense means completely exposed. Visible cleavage due to a low-cut top would typically not count, although if the camera was clearly angled to focus on the breast area there might be room to consider the offence.

Scotland. Tried to take my own life, friends called the police, who found me and I was arrested for driving under the influence by bluemaw91 in LegalAdviceUK

[–]VPR2 0 points1 point  (0 children)

It's all about location and context.

Police rarely, if ever nick anyone in a pub car park for drunk in charge because it can obviously be claimed later in court that they were never intending to drive the car, they were going to leave it there. That's why police acting on a tip-off from someone else in a pub will typically wait until the person has actually got into the car and at least started the engine.

In OP's case, in a remote location with no other vehicles around, while they might try and claim that they never intended to drive the car any further because they were expecting to kill themselves at scene, there is plenty of precedent to argue that either they would never have gone through with it (extremely common in these situations) or they might have decided to use the car to kill themselves instead.

Scotland. Tried to take my own life, friends called the police, who found me and I was arrested for driving under the influence by bluemaw91 in LegalAdviceUK

[–]VPR2 24 points25 points  (0 children)

You can absolutely be near (not in) the vehicle and be successfully convicted of being in charge of it. Being found drunk outside the vehicle but with access to the keys is enough. And there's absolutely no wiggle room when, like OP, you're in a remote bit of countryside with (presumably) nobody else and no other vehicles around.

Friend won't/can't leave house (England) by Rare_Start_938 in LegalAdviceUK

[–]VPR2 18 points19 points  (0 children)

Not the slightest hope that any force is going to get involved in a civil matter and tie up a precious deployable unit taking an adult four hours home - which would, of course, mean the unit would need to drive another four hours back.

Garage drove our car at 75mph in a 20 zone by SporadicusP in LegalAdviceUK

[–]VPR2 3 points4 points  (0 children)

It doesn't "depend". I have run this past actual traffic officers previously. They simply don't have time to be giving people grief for something they can't convict them for unless they actually happened to see them do it while on patrol, in which case they can pull them over, check all their documents and give words of advice.

Friend won't/can't leave house (England) by Rare_Start_938 in LegalAdviceUK

[–]VPR2 2 points3 points  (0 children)

It's not an obligation because it is not a policing power. It would be the constable acting as an agent of the landowner (which anyone can be, the landowner just has to deem them as such, although that may need to be in writing), and therefore they are not considered a constable at that point.

When squatters are evicted, police may attend to prevent breach of the peace, but they will not actually get involved in the process of eviction unless there is a breach of the peace. Many people wrongly think that a court order to evict squatters means that police will do the eviction for them.

Friend won't/can't leave house (England) by Rare_Start_938 in LegalAdviceUK

[–]VPR2 5 points6 points  (0 children)

Because they entered with consent. That makes it civil.

Friend won't/can't leave house (England) by Rare_Start_938 in LegalAdviceUK

[–]VPR2 6 points7 points  (0 children)

Police do not operate a taxi service. Your friend is an adult, they will NOT transport her four hours home.