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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75850
Experience:  Over 5 years in practice
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I just need to ask 1 question, i live in Sheffield uk but

Customer Question

i just need to ask 1 question
JA: Where are you? It matters because laws vary by location.
Customer: i live in Sheffield uk but out of country for few dayd
JA: What steps have you taken so far?
Customer: days
JA: Anything else you want the Lawyer to know before I connect you?
Customer: nothing
Submitted: 17 days ago.
Category: Law
Expert:  Helen Hill replied 17 days ago.

Thank you for using the Just Answer website. So that I can ascertain whether your question is one that I can assist with please go ahead and ask it here.

Customer: replied 17 days ago.
Hi
Just want to know if a police take you for many hours and after that they find out that they Took a wrong family.
Do i have right to claim this
Customer: replied 17 days ago.
hi
Expert:  Helen Hill replied 17 days ago.

Thank you for clarifying. I will 'opt out' so that someone who works in this area can assist you.

Expert:  Jo C. replied 17 days ago.

Hi. Sorry, I'm not sure what your question is?

Customer: replied 16 days ago.
My answer is,
Do I have right to claim,
If Police take me with my family (3 children) to Police station for security reasons and after many hours they find out that this is wrong family.
Customer: replied 16 days ago.
They supposed to take another family but they came to my house
Customer: replied 16 days ago.
We were planning to celebrate my daughter’s 19th birthday but before this we spend whole night we were in police station
Expert:  Jo C. replied 16 days ago.

Thank you for the information and the time.

 

Wrongful arrest is a very difficult claim to bring. The police have pretty wide powers of arrest without a warrant. They are set out in Sections 24 and 24a of the Police and Criminal Evidence Act 1984. Under this section a police officer may arrest without a warrant if he has reasonable grounds for suspecting this offence has been committed by that person. It is a wide power and since the implementation of section 110 of the serious organised crime and police act 2005 the power of arrest applies to any offence. An officer may also arrest

 

1. Anybody who is about to commit an offence

2. Anybody who is in the act of committing an offence

3. Anybody who he has reasonable grounds for suspecting to be about to commit an offence

4. Anybody whom he has reasonable grounds for suspecting to be committing an offence

 

Where an offence has been committed, the office and the rest of the body he is guilty of the offence for whom he has reasonable grounds for suspecting to be guilty of that offence.

 

In practice, the officer must know the reasons for the arrest for it to be lawful – Olden [2007] EWCA Crim 726.

 

The threshold for reasonable suspicion is very low. In practice, and officer only needs to barest suspicion to make an arrest.

 

An arrest does need to be necessary. An arrest is necessary to

 

1. Enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person is his real name), and correspondingly the person's address.

 

2. Prevent the person in question from: •

{C}a. {C}causing physical injury to himself or any other person; •

{C}b. {C}suffering physical injury; •

{C}c. {C}causing loss or damage to property; •

{C}d. {C}committing an offence against public decency (subject to section 24(6)); or •

{C}e. {C}causing an unlawful obstruction of the highway.

 

{C}3. {C}Allow the prompt and effective investigation of the offence or of the conduct of the person in question.

 

 

The fact that upon investigation you were not found to be guilty of the offence does not render the offence unlawful I’m afraid.

 

Can I clarify anything for you ?

 

Jo