Sunday, 3 January 2010

Sauce for the Goose





Well, well.

It appears that I'm not the only one doing a lot of research into ancient laws and statutes. Three Labour MPs are planning to use the much abused 1689 Bill of Rights to stop a court of law analysing their expenses.

I shall be watching intently how they intend to overturn the law of the land in their favour.

Devine, Morley, Chaytor. Mind your backs

A citizen's arrest is an arrest made by a person who is not acting as a sworn law-enforcement official.[1] In common law jurisdictions, the practice dates back to medieval Britain and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.

A citizen's arrest (officially called an "any person arrest") is permitted to be made on any person under section 24A of the Police and Criminal Evidence Act 1984 for an indictable offence, including either way offences (in this section referred to simply as "an offence"), but excluding certain specific ones listed below. It is thus permissible for any person to arrest:

  • Anyone who is without doubt in the act of committing an offence, or whom the arrestor has reasonable grounds for suspecting to be in the act of committing an offence, and
  • Where an offence has been committed without doubt, anyone who is without doubt guilty of that offence or whom the arrestor has reasonable grounds for suspecting to be guilty of it

In order for the arrest to be lawful, the following two conditions must also be satisfied:

  • It is not reasonably practicable for a constable to make the arrest instead
  • The arrestor has reasonable grounds for believing that the arrest is necessary to prevent one of the following:
    • The person causing physical injury to himself or others
    • The person suffering physical injury
    • The person causing loss of or damage to property
    • The person absconding before a constable can assume responsibility for him

37 comments:

banned said...

Good luck to you OH, so far as I am aware nothing has been done to dilute the powers of Citizens Arrest but do be careful. If you are going after them for fiddling expenses take note of your own research.
"In order for the arrest to be lawful, the following two conditions must also be satisfied:
It is not reasonably practicable for a constable to make the arrest instead"

In this instance it clearly is practicable for a constable to make an arrest (provided his bosses allow him to).

Angry Fucker said...

There seems to be a huge amount of bollocks and confusion surrounding these ancient laws, OH. Some people seem to be deliberately trying to muddy the waters for reasons unknown. If you ever get to the bottom of it all and can come up with some definitive pronouncements on the status of the law, please give us the fucking lowdown.

AP said...

Having interceded on two occasions where cries against property were in progress I can tell you not to bother with a citizens arrest. You have three options.

One: call the police and wait

Two: Ignore it and move on

Three: Make sure there are no witnesses, kidnap the perpetrator and administer the law of the jungle.

You will note that item three will probably land you in court for kidnap and assault, Most lawyers will interpret a citizens arrest which uses force as being the use of option three.

Instead of shouting 'citizens arrest' you might as well cry 'You there, criminal chappie, stop, wait for the police who will be here within the hour and take your punishment' for all the good it will do.

On the latter occasion I was involved with I simply took some pictures with my phone of the individual and the matter was, I believe, dealt with later to my satisfaction.

Captain Ranty said...

Good stuff.

I should have checked here first. I posted a similar piece:

http://captainranty.blogspot.com/

CR.

bofl said...

here is a link to the 'green book'......http://www.parliament.uk/documents/upload/GreenBook.pdf

some interesting points:

Members must ensure that claims do not give rise to, or give
the appearance of giving rise to, an improper personal financial
benefit to themselves or anyone else.
Members are committed to openness about what expenditure
has been incurred and for what purposes.
Individual Members take personal responsibility for all expenses
incurred, for making claims and for keeping records, even if the administration of claims is delegated by them to others.

+++++++++++++++++++++++++++

ia ma quite sure that many of our dishonourable members are in breach of the rules.........so why are they not ALL being prosecuted?

ie'Where an offence has been committed without doubt, anyone who is without doubt guilty of that offence or whom the arrestor has reasonable grounds for suspecting to be guilty of it'..........


so why are the police not doing their job?

they went after damien green like members of the SS...........

i am wondering if it is possible to prosecute the top police for not doing their duty?

i really hope someone with some clout and money gets involved.these shitbags disgrace our country.

bofl said...

typo=i am quite sure=

sorry angry!

Anonymous said...

Any other sad droids out there with a fucking iphone? If so, how do you get the fucking back of the cunt to insert the sim fucking card?

Rogerborg said...

Oh, so you live in England now, Ranty? You know, the only place where the English Bill of Right 1689 might apply?

Sorry, I don't want to assume anything about you - I know how hilariously rabid that makes you - it's just that I can't keep track of your stories.

Anonymous said...

Ranty lives in Libya where he frequently drives past the mad colonel's gaff. Or so he says.

Captain Ranty said...

Dickheads.

Read the Act of Union 1707.

Old Holborn said...

“First they ignore you, then they laugh at you, then they fight you, then you win.”

Anonymous said...

OH, if you're going to quote fucking Gandhi, at least attribute it! Now why cant one of you cunts tell me how to get the sim card out of my fucking iphone?

Anonymous said...

Correct me if I'm wrong Holby old bean, but was it not you that stated you were going to arrest the ginger midget and made said declaration on this very blog?

Some of us sad fuckers have memories.

Stop churning old stories and do something.

I bet you don't own, let alone wear your Freedom Warden jacket either.

I grant, you are amusing, but also a massive bullshitter.

Remember the Ferrari debacle?

Anonymous said...

None of what your proposing, OH, does anything to mitigate the scandalous under-representation of Jews in public life. Why, I can think of only two Jews in the whole of the BBC for example: Esther Rantzen and that ugly cunt whose name escapes me but looks like the dead spit of the offspring of the King of the Gypsies and Satan. Oh yeah, Alan Yentob.

Bristol Dave said...

'ark at the GCers on here!

I thought OH proved the 'rari was his?

Simply Fuming said...

Getting a lot of hits from our American cousins off stumbleupon.com in regards to your Freeman declaration I see, OH. Perhaps the bandwagon is underway!

subrosa said...

Will someone please put anonymous out of his misery and tell him how to get the back off his iPhone. Please...

Anon, I usually stick with the moral 'nice and easy does it'.

Twisted Root said...

OH, Any thoughts on why since you decided to go the Freeman route you have attracted legions of window lickers and cock sniffers?

Old Holborn said...

TR

No idea. Perhaps the gay saunas are closed today.

Anonymous said...

this site has been full of weirdos for months

Anonymous said...

Subrosa, I've tried the nice and easy approach but nothing fucking works. I'm rapidly (rabidly) reaching the point where only a hammer and chisel will work. I can't believe no other cunt here has a fucking iphone. I think they just like to see me suffer!
BTW, the fucking paperclip suggestion doesn't work, either.

Old Holborn said...

http://www.maclife.com/article/how_to_remove_the_iphone_sim_card

Sir George of Formby said...

Turned out nice Again!

Anonymous said...

Both Ranty and OH live in the same Shed on the banks of the River Severn.

So does Mr Mole...

Anonymous said...

Thanks for the effort, OH, but the paperclip lark funkzioniert nicht. I should never have bought this fucking pile of shit in China with fucking Chinese instructions! Fucking slanty-eyed bastards must have seen me coming!

Gordon Brown's Nokia said...

When it comes to mobile phones, I AM GORDON BROWN!!! can someone give me a fucking asperin before I have a fucking stroke!!

Anonymous said...

In the box the iPhone came in there should be a little tool tucked inside a booklet that should open it. Although a paperclip should work just as well

Rogerborg said...

OH, I don't think I could ever get past the laughing stage with you and Ranty. You just keep coming up with new material.

Video tutorial on disassembling an iPhone.

Rear echelon bean counter said...

First they ignore you, then they laugh at you, then they fight you..

I think we can safely assume you have ascended to stage two. Of course, stage three is when it becomes interesting.

Bugger said...

Anonymous

You bought a copy

Silly TWAT

Anonymous said...

Anon 13.41. The back doesn't come off. Use the pin in the iPhone packaging or just a bit of wire and push into the hole at the top of ur phone. The sim card holder will pop out. And enjoy.

I hate iPhones and their owners said...

Anon, do you have access to a hacksaw?

Cos if you are another smug self satisfied iPhone owner - by the way you didn't invent it, you bought it - I think the best thing you could do with your iPhone is cut the fucker in half...

Polaris said...

Where the hell did all of these trolls come from OH?

You struck a righteous nerve again?

Good on you...

R my name..........J R fucking ewing said...

Twisted Root said...

OH, Any thoughts on why since you decided to go the Freeman route you have attracted legions of window lickers and cock sniffers?

----------------

Nutters attract other fucking nutters,innit!

Brownian Motion said...

Can't we just use that spiffing device of the No 10 Petition to call for the passing of an Act of Attainder on these individuals; after all that is also an old and somewhat efficient, if messy, method of dealing with traitors.

Mitch said...

Sell that ibone piece of shit and by a droid phone they are sooooooooo much better and you can change the battery ;-)

K McEgan fucked my dog said...

Anonymous, 3 January 2010 14:08
OH, if you're going to quote fucking Gandhi, at least attribute it! Now why cant one of you cunts tell me how to get the sim card out of my fucking iphone?

Use a fucking lump hammer.

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