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Topic History of: Rare? Pt 157284
Max. showing the last 5 posts - (Last post first)
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Randall |
Yes, the possibilities are veritably effervescent.
Needs a test case from someone. I still think Mark Pearson's prosecution is the worst example yet. The police had the CCTV before they arrested him (he was found using Oystercard and CCTV records, remember?), so they must have known that he did not do what he was arrested for. |
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JK2006 |
Interesting! |
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Randall |
I make no claim to Legal Eagleship, but I can read. Here's kidnap in English law. Scottish law might be different.
'...the offence contains four ingredients as follows: (1) the taking or carrying away of one person by another; (2) by force or fraud; (3) without the consent of the person so taken or carried away; and (4) without lawful excuse.'
Lord Brandon in R v D [1984] AC 778
In a bogus arrest/prosecution such as the many in the recent news, (1) and (3) are self evidently present. If the police are in possession of evidence that shows the defendant is innocent, as they have been in the recently reported cases, then (2) is also satisfied in the fraud sense. It's self evidently satisfied in the force sense. Because the police were in possession of this evidence, they had no reasonable grounds to suspect the man (Mark Pearson, for example) of a crime and therefore no power to arrest him, so we have (4) as well. |
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Misa |
The comments beneath the Mail article are interesting. But this one, in particular, made me chuckle.
Jock, Tavira, Portugal, a day ago
Do what the falsely imprisoned people do in Scotland have the chief constable and the officer in charge charged with kidnap. The police pay out at the rate of over £5000 a day very fast and there is a none disclosure clause written into the deal. That is why people are very rarely held in prison until trial in Scotland. Talk to a solicitor in Edinburgh called Fairburn.
Any legal eagles here care to comment? |
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Randall |
The common thread in all these recent cases is that the woman lied and the police and/or CPS knew she lied and deliberately tried to get an innocent man convicted.
I hope that people will start to see that this is how almost all so-called sexual offence trials are, not just a few isolated mistakes. |
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