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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice
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I was asked to leave a hospital after pleading from

Customer Question

I was asked to leave a hospital after pleading for help from staff for my daughters asthma attack then I said in a obvious angry voice that I would be reporting them to superior for there incompetent ..I was then making sure my daughter was recovering when two police came in room and said I needed to leave hospital or they would have to arrest me which they did not want to do ,but I said there was no way I was leaving my daughter in that state willingly so you'll have to arrest me which they did for breach of peace .i feel they were in wrong as I was no threat to anyone or in any breach of peace and certainly did not need handcuffs and time in jail .
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.
We're the police right to arrest me for breach of peace when I was not doing anything wrong when they spoke to me and me refusing to leave my daughter in a life threaten situation
Expert:  Jo C. replied 2 years ago.
Well, it depends.
However emotional you may have been at the time and whether you had good reason or not makes no difference.
The leading case is Smith v Donnelly and the offence only demands conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community. Raised voices, bad language is sufficient.
If you were raising your voice or doing something similar then that is breach of the peace and they were free to act.
Sorry if that is bad news but you have to be realistic. This is a very easy offence to commit.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
As I said I'd voiced my disapproval and the matter was over when police arrived it is my understanding you can only be in breach of peace during not after the event
Expert:  Jo C. replied 2 years ago.
Thank you. You have left a negative rating. I will be happy to carry on with this if the negative rating was a mistake. I know thats easy to do as I’ve done it myself in other categories.
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Are you able to be arrested after the breach ?
Expert:  Jo C. replied 2 years ago.
No, but they will be saying that you were in breach at the time that they made the threat.
Bearing in mind that refusing to leave loudly would be sufficient.
They could try to argue it was one continuous act too.
Customer: replied 2 years ago.
This was def not the case , I said with no aggression or loud voice that it was impossible for me to leave my daughter in that situation . no parent would and if by staying was a breach of peace so be it as I said previously at time they arrived I was in a room alone with my daughter I'd said what I needed to say I front of security . Was not leaving a breach of peace ?
Expert:  Jo C. replied 2 years ago.
Police officers have been known to exaggerate things like that.
No parent may be willing to leave. Any parent could act in breach of the peace.
There is no defence in saying that what you did was understandable if indeed it amounted to a breach.
Not leaving per se is not a breach but it depends how it was done.
Customer: replied 2 years ago.
Just to be clear , there is full cctv showing me not resisting in anyway me going willingly no raised voices no abusive or foul language , all I'm asking is were they entitled to arrest me at time any incident had passed as they said the selfs we have been told by hospital I was abusive to staff and they would like me to leave ... So reported to them not witnessed .kind thanks I know we are going in circles but I'm sure you no it's the finer detail that turn things around or against
Expert:  Jo C. replied 2 years ago.
They cannot arrest for a retrospective breach of the peace. The breach has to be immediate.
What they can do though is ask you to leave to prevent a breach of the peace.
Customer: replied 2 years ago.
So is refusing to leave a breach of peace if I'm in a none atresia behaviour
Expert:  Jo C. replied 2 years ago.
Not leaving per se is not a breach but it depends how it was done.
Customer: replied 2 years ago.
Last 1 I hope . I said I can't leave you will have to arrest me and that is what they did no fuss no objections from myself but as said previously I would not leave willingly ,so I appreciate we were both in between a rock and hard place all I want to understand is were they entitled to arrest me on those grounds ?
Expert:  Jo C. replied 2 years ago.
The problem with this is that you are describing events that are more like obstruction of a police officer than breach of the peace and obstruction is arrestable at any time.
Customer: replied 2 years ago.
Really sorry but you are not giving me a definitive ans and it's clear you must not be able to do this from what I've told you.am I in wrong or them ? Have they wrongly used there powers or not ? They did not see any breach,there was no threat when they arrested me ,the only thing that is not clear to me is were they entitled to arrest me for not wanting to leave at the request of the hospital
Expert:  Jo C. replied 2 years ago.
I am really sorry and I know what you want me to say but I am not going to be able to tell you that there was certainly no basis to act in the way that they did.
I rather suspect that they were perfectly entitled to do this Im afraid for the reasons above.
Customer: replied 2 years ago.
I'm disappointed you feel I want you to satisfy me with a ans in my favour .fthe only ans I want is did they act lawfully yes or no from what I've tried to explain to you . I no they were not entitled to arrest me for breach of peace when they arrived all I am asking you is in law were they entitled to arrest me for not leaving lthe hospital at the hospitals request
Expert:  Jo C. replied 2 years ago.
As I have said really;
Not leaving per se is not a breach but it depends how it was done.
They cannot arrest for a retrospective breach of the peace. The breach has to be immediate.
What they can do though is ask you to leave to prevent a breach of the peace.
The problem with this is that you are describing events that are more like obstruction of a police officer than breach of the peace and obstruction is arrestable at any time.
Customer: replied 2 years ago.
Ok so we are clear on point 1 .... On point two what is obstruction ? Is refusing to leave the grounds obstruction ? Do they have the power to tell anybody to leave somewhere if I chose not to ? Especialy when at the point of them arriving the only thing I was doing was helping my daughter to try breath ...is what they done lawful ?