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Is a single police officer legally allowed to arrest a woman who is alone?

244 replies

impossible · 29/09/2021 16:32

Does anyone know if a single police officer is allowed to arrest a woman who is alone and put her in a vehicle? Or for that matter is it legal for a single officer to arrest a male and confine him?

I'm thinking about what happened to Sarah Everard and wondering what the rules are. I think it's important that we all know in case something like that that situation happens again. Certainly I would like to be able to tell my dcs their rights.

OP posts:
Mymycherrypie · 29/09/2021 17:17

He was a policeman. He could have charged her with resisting arrest AS WELL as murdering her. He could have done whatever he liked. That’s the point. Women have no power here at all.

Kanaloa · 29/09/2021 17:18

I mean that’s what I’d do rather than ‘screaming the place down’ which I don’t think would be constructive really as opposed to saying ‘yes okay just let me ring the local police station to confirm for my own safety, I’m sure you understand.’

Rainbowheart1 · 29/09/2021 17:18

To be honest I didn’t know you could be arrested by a single officer, so it’s a valid question.

I’ve always seen two officers together and always opposite sex, man and women (so they can search both sexes I thought)

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Emilyontmoor · 29/09/2021 17:19

I should add that the area has always been a hotspot for sexual harassment but in the parks/ commons and darker side roads. As someone who was streetwise and alert to the threat and always ready to flee, particularly having grown up on the Yorkshire Rippers patch when he was active, I just would not have expect that threat to materialise on the South Circular.

Rainbowheart1 · 29/09/2021 17:21

It’s all well and good saying kick off if arrested by a single male, but this is hindsight isn’t it, we all know about it now, but before this case I bet thousands of women could have been arrested in this way before a women actually kicked off! I know personally if it was me I’d shit myself at being arrested and just do as I was told, obviously not now because I know what happened to Sarah, but before this I wouldn’t have.

Akire · 29/09/2021 17:22

You think if non uniformed non car they should get back up for single woman. My mum told me years ago she was told (shouting and waving while at driving) pull over by a “policeman” in unmarked car. On road outside town. She refused and said she would drive to nearest police station and stop there. He drove off, like most people I’ve no idea what a warrant card looks like either.

Nomoreusernames1244 · 29/09/2021 17:22

*No, he was a serving police officer, using his warrant card.

What hope do any of us have when even a (presumably) female police officer doesn’t get it?*

Yes he was serving, but @PinkFootstool’s point was he was not on duty. Therefore he had no radio, no contact with other coppers or the control room. Even plain clothes officers will have all the comms in their car

If you get stopped by a plain clothes bloke in a plain car, as pointed out if they are off duty they should be phoning the control room for someone on duty to take over.

Presumably if they are on duty you can request a marked car for transport, or phone 999 yourself to confirm identity.

PinkFootstool · 29/09/2021 17:23

@PermanentTemporary there isn't much to add to it though. You'll (the person being arrested) be told what you're being arrested for (unless you're kicking and screaming in which case making sure no one gets hurt is more important), given the caution (again, if not calm, you'll get this when you are calm enough to speak to) and transported to the police station.

Transport can be in a car or a van. Violent people are never transported in a car. Calm people might be. It's a dynamic risk assessment.

The person will usually be handcuffed, but again that's a risk assessment based on potential for violence as well as escape risk. Usually cuffed to the back, rarely to the front. I've not handcuffed a few prisoners over the years - especially if a arrested by appointment / handing themselves in. One though I deeply regretted as a few moments later three of us got hurt and that was my fault. I still carry the injury now 8 years later.

It's a very dynamic area, because every arrest is different and every person is different. The process is similar but the method will vary.

Rights at custody: www.gov.uk/arrested-your-rights

Liberty give good advice as well.

Nomoreusernames1244 · 29/09/2021 17:24

He was a policeman. He could have charged her with resisting arrest AS WELL as murdering her. He could have done whatever he liked. That’s the point. Women have no power here at all

Well he couldn’t have murdered her and put in a resist arrest charge could he.

If she had resisted the charge wouldn’t stand as there were no grounds for the arrest to start with.

Passmeamenuatthetottenham · 29/09/2021 17:26

@GitsandShigggles

Can't believe this was actually asked as a question! A lot of officers are single crewed so yes, they can make an arrest when on their own.
Why can't you believe this was asked as a question. I always thought that police patrolled in at least twos and had no idea that a single police officer could arrest a lone woman like that.

There is absolutely no fucking way I would be getting into a car with a single police officer now, who gives a fuck if I get done for resisting arrest, better that than being raped and murdered. And I will be telling my daughters the same.

I'm raging with the Met after reading the news today.

TuftyMarmoset · 29/09/2021 17:27

I've just looked up the sentencing guidelines for resisting arrest and they're not very stringent - on balance I'd rather take that than risk being murdered www.sentencingcouncil.org.uk/offences/magistrates-court/item/obstructresist-a-police-constable-in-execution-of-duty-revised-2017/

ShinyThingsDistractMe · 29/09/2021 17:28

@Rainbowheart1

To be honest I didn’t know you could be arrested by a single officer, so it’s a valid question.

I’ve always seen two officers together and always opposite sex, man and women (so they can search both sexes I thought)

Nah I've watched hundreds of arrests over the years, 2 male officer, 2 female officers one of each. Just one on their own.

They can still search you as in ask if you have anything in your pockets and tap your pockets down (sharps and so on) . I mean if they wanted to frisk you they'd take you to custody for that where a female.officer can attend.

They just want to make sure you haven't got anything on you on your trip to custody that's illegal or can cause harm.

I always knew one could arrest on their own, but I think our force really tries to avoid it because of the complications surrounding it.

ReuniteTracyandEliska · 29/09/2021 17:29

He would have forced her into the car either way. The sheer horror that must have gone through her mind and the breach of trust is dark beyond words.

I think when people are abducted they often go into ‘survival’ mode and don’t scream. It’s hard to say what we would do. I truly don’t know.

MurielSpriggs · 29/09/2021 17:30

Presumably if they are on duty you can request a marked car for transport, or phone 999 yourself to confirm identity.

A suspect certainly has no rights to either of those things. Whether a constable would let you make a call like that in their discretion is dubious I'd have thought, but it would depend what you were being arrested for and their judgment of the risks.

Kanaloa · 29/09/2021 17:32

@ReuniteTracyandEliska

He would have forced her into the car either way. The sheer horror that must have gone through her mind and the breach of trust is dark beyond words.

I think when people are abducted they often go into ‘survival’ mode and don’t scream. It’s hard to say what we would do. I truly don’t know.

I suppose this is a huge part of the problem here. If the ruse hadn’t worked it’s unlikely he would have just thrown his hands up and said ah well I’ll try someone else, because then she would obviously have reported him.

Either way she was going to be kidnapped in all likelihood.

But yes I still stand by phoning 999. I think it would be difficult for them to stop you if you rang the number as soon as the car pulled up and apprehended you, and if they then became violent at least you’re on the phone to 999.

Jarnss · 29/09/2021 17:34

Hi OP,

To answer your question, yes they can however...

A lone officer is not going to pick you up and throw you in his car.
So if you refuse to get in the car and start getting distressed he would have to call for help.

Now that's not to say he would not try to put you on the floor, but putting a screaming distressed woman in the back of his car where she could hurt herself and damage the car is not going to happen. Tbh a van will likely be called, but other officers may just escort you in the back of the car.

Yes you could be charged with something extra but most of the time unless you slap the copper or damage his car it's unlikely to stick anyway.

Oh and resisting arrest is not illegal on it's own. Now if you were to hit the officer while resisting arrest that's different.

Mymycherrypie · 29/09/2021 17:34

Well he couldn’t have murdered her and put in a resist arrest charge could he.

What’s being missed here is that it’s irrelevant whether he was on duty or not. He had the power because he knew the law, was practising in reciting it, she had probably never been arrested before, didn’t know the rules….

He could have threatened her with this. And now seeing that screaming to protect yourself when you feel wary about the single male police officer cuffing you COULD genuinely result in a resisting arrest charge, tell me, what are women to do?

Nomoreusernames1244 · 29/09/2021 17:36

And now seeing that screaming to protect yourself when you feel wary about the single male police officer cuffing you COULD genuinely result in a resisting arrest charge, tell me, what are women to do?

If there are no grounds for arrest it will be the officer in trouble, not you.

Mymycherrypie · 29/09/2021 17:36

Now if you were to hit the officer while resisting arrest that's different

If you were to hit a police offericer in your attempt to escape being murdered, you’d be arrested. 💔

MissCruellaDeVil · 29/09/2021 17:36

Of course they are!

Mymycherrypie · 29/09/2021 17:40

If there are no grounds for arrest it will be the officer in trouble, not you.

There were no grounds for arrest here either. Ok hes in trouble now but at what cost. There needs to be a shake up here. Women can’t win.

How many people watched George Floyd get murdered because they didn’t want to challenge a police officer. If she’d “resisted” this trumped up arrest, how many bystanders would have assumed the policeman was in the right. He had a badge.

impossible · 29/09/2021 17:40

It sounds to me as though getting distressed and screaming is not an unreasonable thing to do if a single 'officer' is trying to put you into a car. Certainly if you feel unsafe it is better to risk a resisting arrest charge than the possible alternative.

OP posts:
megletthesecond · 29/09/2021 17:41

I would have assumed it wasn't allowed either. Very dodgy ground.

TidyOmlette · 29/09/2021 17:42

I always thought a single police officer was allowed to arrest but never transport a suspect on their own, mostly for their own safety.

Emilyontmoor · 29/09/2021 17:43

Impossible Yes I am glad to have had the conversation with DD, we all should.

I think the Police response to this remains wholly inadequate. This is the conversation they should be having with all London women now - where is the communications to follow up these revelations with advice for women on London's streets. They cannot just say he was an aberration when misogynistic attitudes are so prevalent in the Met (I know a Police woman and plenty of others have come forward to confirm it). I am told there is a prevailing culture of macho gym bunnies who frequently make life uncomfortable for their female peers, let alone members of the public, often without even being conscious that what they are saying might be found belittling.

They must have known that she had been handcuffed and put in the car even as they handcuffed women at the vigil a couple of hundred metres away and forced them into cars. Then mocked a women reporting an indecent exposure nearby. Not a good look.