Fuming

[fazza123 513]

To be honest ive been waiting to put the outcome of the saga on here but guess what?

I turned up last Sunday with my brief and was told there was no tape recorder and would i wait till 7th of Jan!!

I agreeded and my solicitor said i could be up for some compo because they kept me againest my will!! Which would be interesting,but as yet no lamp....Its obs just to keep it as long as poss and thankfully ive just bought a half Minshaw pup so im in no need of the lamp at the mo!Just spending all my time with the new addition ill put pics on soon i got her from Joe Ox on here and she is a belter!

Happy new year folks!!!!!!!!!!!!!!!!

Ill keep you posted!!

Cheers

Kris

[The Sporting Agent 0]

Sorry to hear about this, lets hope its all sorted for the better on the 7th.

 

I've read a number of posts on this thread stating that the keepers had no right to arrest/detain/etc (call it what you will), and I think it needs putting right. Unfortunatly (in this case) they do. Not as keepers specifically, but as individuals who may have been under the belief that a crime had either or was about to be commited. Fact.

 

Under section 24A of PACE, Police & Criminal Evidence Act, any person other than a Warranted officer (Policeman) can make an Anyperson Arrest, what we know as a citizens arrest. This needent be preceeded by the "you have the right to remain......" bollox that we hear.

 

There are a myriad or rules that cover the Anyperson Arrest, including being able to use force (reasonable) and physically detaining an individual; but any such action must be justifiable and reasonable, and thus hold up in court.

 

This type of detention/arrest can be made by anyone but only where a Police officer is imediatly unavailable and other conditions concerning risk of fleeing, how certain the arrester is that the crime has been commited etc; its not clear cut.

 

It could be easy to see that the keepers may have thought they were doing the right thing, for example had they been aware of poaching taking place imediatly prior to making the detention.

 

That said if they did not take this action in accordance with the guidelines in PACE then they leave themselves open to a private prosecution. Any brief can confirm this.

 

In essance they could have been in the right by stopping you. But the exact circumstances need to be ascertained by your solicitor.

 

This is something I toutch uppon with my work, and its a minefield!

 

Hope everything sorts itself out of the 7th.