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clot clot is offline
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Default This is just great - who's the guilty one

Dave wrote:
Dave Liquorice wrote:
On Wed, 25 Mar 2009 20:04:56 -0000, dennis@home wrote:

When does 'citizens arrest' become kidnapping?
When they kidnap them and take them elsewhere.


Well ish, you can make a citizens arrest and take them to a police
station or magistrate to face charges.

Mind you the whole thing around "citizens arrest" is right tangled
mess: http://www.kevinboone.com/citizens_arrest.html

As these two put one chap in a van took him to his mates then had a
fight no wonder they got done for kidnap. If they just used
reasonable force (what ever that is) to hold him, called the police
and waited they probably wouldn't have attracted the kidnap charge.
They might have got unlawful arrest instead...



OK, I am a bit stupid here. If I use reasonable force to undertake a
citizens arrest, under what conditions can I be charged under unlawful
arrest?


As I see it, pretty well any. It gives the Police the chance to gain another
successful prosecution. They do not seem to worry about their repect in the
community. Statistics are what counts, sod reason.

The lack of the Police attending to relevant issues is what causes these
situations. "We'll be round in a couple of days to sort this out." Just the
fuel that causes genuine law abiding wronged citizens to take things "into
their own hands".

We need a major cultural change; getting rid of Police stats. might be one.
Getting rid of the CPS would certainly aid a return to a better society.
That organisation is stuffed full of folk who only have concern for
themselves and ensure that only clear cut cases get to court. Its very
concept at inception was dubious. It means that the honest Joe or minor
transgressor will be hauled before the court but the time served crim who
knows the ropes will not be brought before the court because s/he or the
solicitor knows the caveats that they will get out by. This again winds the
Police up.

The CPS was set up in the 1970s from recollection and we still haven't
learnt what a crass mistake that was.