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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
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Experience:  Solicitor with over 15 years experience.
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The police came to my house to arrest my husband at 30 minutes

Resolved Question:

The police came to my house to arrest my husband at 30 minutes past midnight on suspicion of breaching court bail. Before they arrived he had taken an overdose. He informed them about that when they arrived. The officer asked for the tablets which he gave him. My husband then produced more tablets which he said he was going to take. The officer grabbed hold of my husband's wrist and my husband instinctively lashed out. He was arrested and subsequently charged with assault on a police officer in the execution of his duty. This is being dealt with in the magistrates' court. However, it transpired that my husband was on police bail not court bail at that stage.
Is the attempted arrest for breach of court bail unlawful as he was actually on police bail?
If so, does it mean that the officer was not acting in the lawful execution of his duty?
if so, was it unlawful to arrest and charge my husband with assault on a police officer in the execution of his duty?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

Are you sure he was arrested for breaching court bail? If he had not answered bail at either the police station or at court he could be arrested for breaching bail. In any event a police office can certainly take hold of someone who is holding pills and threatening to swallow for the purpose of self harm, if he takes hold of him to prevent harm. Your husband needs legal representation. Has he got a solicitor?

LondonlawyerJ :

I dont think in these circumstances that the officer was acting outside his duty even if the original arrest was unlawful - which it probably wasn't.

Customer:

The police officer said that he was arresting him for breach of court bail but when we subsequently checked he was actually on police bail not court bail, at the time. He was arrested for allegedly breaching one of the bail conditions not because he didn't answer bail. If they made a mistake by arresting him for breach of court bail rather than police bail doesn't that make the arrest unlawful?

Customer:

My husband isn't entitled to legal aid as he doesn't satisfy the means test, and we can't afford to pay privately for a solicitor. He is, therefore, a litigant-in-person.

Customer:

It would be helpful if you could provide a more definitive answer about whether the officer was acting outside his duty and whether the original arrest was unlawful

LondonlawyerJ :

No he wasn't even if the arrest was unlawful.

Customer:

thank you, ***** ***** still haven't given a definitive answer to the question about whether or not the arrest was unlawful. could you please do so

LondonlawyerJ :

The police have the power to arrest someone who is in breach of police imposed bail conditions. They have a duty to explain the reason for arrest. If the officer simply got muddled about what sort of bail was breached that I don't think helps you at all. Breaching bail conditions is not an offence but breach can led to arrest. I do not think saying the word "court" wrongly in this context would take him outside his duty. In any event as I have said above even if he was acting outside his duty he was clearly acting within his duty when he took hold of your husband to prevent him self harming.

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 793
Experience: Solicitor with over 15 years experience.
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