Ask a Law Question, Get an Answer ASAP!
Hello I am a solicitor with 20 years experience. I will try to help you with this.
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?
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.
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?
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.
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
No he wasn't even if the arrest was unlawful.
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
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.