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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice
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I have been arrested 'harassment' of my ex-partner

Customer Question

I have been arrested for the 'harassment' of my ex-partner (no violence - merely Christmas and birthday cards and no personal or verbal contact). In the first instance, am I required to have been given a WRITTEN warning about my future behaviour? Does the absence of such a warning invalidate my arrest? Was my arrest lawful? I've consulted PACE and none of the provisions which suggest that I should have been arrested are met
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
The harassment warning is a legal fiction. It is no more than a police method of diverting a complaint away from prosecution. They do not have to do that first. They often do depending on the nature of the harassment complained of but the absence of one is a non issue.
Yes, your arrest was lawful. There is no need for a harassment warning.
Sorry if that is bad news but this point is a non starter I'm afraid.
Can I clarify anything for you?