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Jo C.
Jo C., Barrister
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Satisfied Customers: 69519
Experience:  Over 5 years in practice
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I was out walking my dog and always pick up my dogs

Resolved Question:

Hello,
I was out walking my dog and always pick up my dogs mess in a bag and dispose of it responsibly.
I also pick up other dog owners dog mess in my neighbourhood and dispose of that responsibly too.
When walking in my neighbourhood (but not my usual route) I noticed a bag of dog mess "hanging" on a bush. I got very angry and picked the bag off the bush and threw it over a wall.
Unfortunately for me the owner of the garden came and challenged me as he stated some one had been doing this for "years".
I showed him that my dog bags were clear ones and not coloured ones and this was not my normal route and just got annoyed at always having to pick up dog mess.
He said if I had been younger he would have "decked me" and said I wouldn't be going anywhere and called the police.
I had to stay there with the cloud hanging over me that I may be physically assaulted if I attempted to walk away.
My question is " Did this person have any right to place me and hold me in that situation for nearly 2 hours while the police arrived"?
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
So all he did was tell you to wait for the police?
Customer: replied 11 months ago.
Hi Jo,He said "You are going nowhere"He called the police and asked me for my name and address. I felt if I tried to walk away he would either follow me or use violence towards me. He also called a male friend on his phone so for the majority of about 2 hours until the police arrived I was very scared as 2 men were effectively not allowing me to walk away from the area.
Expert:  Jo C. replied 11 months ago.
Thanks.
He would not have had the power to detain you realistically.
However, this does not amount to a detention. This is just a threat that you were free to ignore. A detention takes place when a person lays hands upon you or otherwise physically prevents you from leaving.
He would not have had the power to make a citizen's arrest for this particular offence as it is not arrestable or recordable.
However, that did not happen for these reasons.
Can I clarify anything for you?
Jo
Customer: replied 11 months ago.
Thank you Jo.That has been really helpful. I was just worried for my own safety.Terry.
Expert:  Jo C. replied 11 months ago.
No problem.
All the best.
Please remember to rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69519
Experience: Over 5 years in practice
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