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Police gross misconduct

35 replies

WishFulfilled · 13/11/2021 19:38

Hey guys

How would gross misconduct by the police affect a case against someone?

I recently found out the police had deliberately lied about the grounds for my first arrest and on Monday I'm putting in a complaint to the IOPC.

OP posts:
WishFulfilled · 15/11/2021 10:35

@prh47bridge

When you are arrested the police have to tell you why you have been arrested. This does not prevent them charging you with something completely different, even if they don't charge you with the original offence. Whether the original arrest is lawful depends on whether they had grounds for arresting you and stated those grounds correctly.

Once you have been arrested the police can search you and your premises for evidence without a warrant provided they have reasonable grounds for believing they will find evidence. If the search turns up evidence of another offence, they can seize that evidence.

If evidence has been obtained unlawfully it is up to the court to decide whether to admit it.

Yeah that seems correct, I don't even think it will make it to court anyway
OP posts:
NeedsCharging · 15/11/2021 10:58

Definitely not me, I've never had an issue with any medical professionals

My apologies OP the poster I thought you were has some serious mental health issues and I always feel sympathetic towards them as the stress of the constant complaints they make must take its toll.

What is your complaint against the police? Is it 1 incident or multiple?

WishFulfilled · 15/11/2021 11:08

@NeedsCharging

Definitely not me, I've never had an issue with any medical professionals

My apologies OP the poster I thought you were has some serious mental health issues and I always feel sympathetic towards them as the stress of the constant complaints they make must take its toll.

What is your complaint against the police? Is it 1 incident or multiple?

Thank you :)

It's just mainly this serious situation I'm in, the police have done nothing but act unlawful. I'm going to be contacting the IOPC tomorrow.

OP posts:
Paintyourpaletteblueandgrey · 17/11/2021 12:46

If you have been arrested and are facing prosecution it is likely that any complaint you make about the circumstances of your arrest will be held sub justice pending the outcome of criminal proceedings. This is to allow the evidence to be treated in a court of law before any misconduct proceedings take place.

Basically it means your case will be put on the back burner until after your trial.

Its all covered under the Police Reform Act 2002.

Paintyourpaletteblueandgrey · 17/11/2021 12:46

Sorry, tested in court not treated in court...

Bloodfart · 19/11/2021 04:03

@Theunamedcat

I'm sorry I can't actually think of a victimless crime?
If I grow a marijuana plant and smoke it myself, who is the victim of that crime?
MrsTerryPratchett · 19/11/2021 04:53

If I grow a marijuana plant and smoke it myself, who is the victim of that crime?

The chances of that going to court are veeeeeeery slim. In OP's case there are things to be 'seized' which does rather imply drugs or stolen goods.

Bloodfart · 19/11/2021 05:55

@MrsTerryPratchett

If I grow a marijuana plant and smoke it myself, who is the victim of that crime?

The chances of that going to court are veeeeeeery slim. In OP's case there are things to be 'seized' which does rather imply drugs or stolen goods.

I agree with that.

The poster I quoted seemed to be struggling with the actual concept of a victimless crime.

WishFulfilled · 19/11/2021 18:07

@Paintyourpaletteblueandgrey

If you have been arrested and are facing prosecution it is likely that any complaint you make about the circumstances of your arrest will be held sub justice pending the outcome of criminal proceedings. This is to allow the evidence to be treated in a court of law before any misconduct proceedings take place.

Basically it means your case will be put on the back burner until after your trial.

Its all covered under the Police Reform Act 2002.

IOPC are looking into it now and since it's a serious complaint it isn't sub-judice apparently. Failing that, I was talking to some reputable solicitors who say that they are almost certain they could get me a No Further Action anyway
OP posts:
Russell19 · 22/02/2022 21:05

Hi OP, was thinking about how you were getting on?

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