Brixton Hatter
Home is south London mate
Yes, the recent "improvements" to the "gardens" in front of the library/Ritzy have really made a difference haven't they?Gramsci said:
Slapped in Brixton..
- Thread starter gaijingirl
- Start date
gaijingirl said:
And a legal minefield. The "citizens arrest" power only applies where an "arrestable" (a legal definition) offence has been committed. As far as assault goes, this includes ABH (Actual Bodiily Harm) and above but not Common Assault which this seems to be. If she had complained and pushed it, you may well have found the police would have had to report you for unlawful arrest.
For peep's information: ABH requires a "significant" or "actual" injury - good black eye, split lip, substantial bruising, small cuts, etc. - something which interferes with the health and comfort of the victim (probably needs first aid / A&E). Common Assault would be "trivial" injuries, things which disappear in a few hours and probably need no treatment at all (e.g. tiny bruises, reddening from slaps, grazes, etc.)
Before anyone asks, the police do have additional powers, over and above what we citizens have.
gaijingirl
Well-Known Member
detective-boy said:
So does that mean that if a policeman had witnessed her hitting me, s/he could have made an arrest for common assault... but I couldn't make a citizen's arrest for common assault?
And that this also works for me having slapped her back... ie if it had been witnessed by a policeperson I could also have been arrested for common assault... but she couldn't (legally) perform a citizen's arrest?
And in reality...if a policeman had witnessed one or the other of us slapping the other (common assault).... what would have happened (given that she was very clearly heavily under the influence of some kind of illegal substance)? Just out of curiousity... I don't really know how these things work, not having been caught up in this kind of thing before.
mysterybadger
Well-Known Member
No shame...
Don't be ashamed...you've probably saved more than one person from being similarly attacked in future. They don't know who they are, but I'm sure they'd thank you.
gaijingirl said:
Don't be ashamed...you've probably saved more than one person from being similarly attacked in future. They don't know who they are, but I'm sure they'd thank you.
gaijingirl said:
Sorry for the delay in responding - only just seen this thread again.
Whether they actually witness the assault makes little difference. The main power of arrest the police have is the general power under s.25 Police & Criminal Evidence Act 1984. They can arrest for any offence (provided they have sufficient evidence which, in practice, often means that they have witnessed it but not necessarily (e.g. if there was CCTV footage, or some independent witnesses or other evidence) if a variety of conditions apply. One is to protect someone and that would be applicable here if there was ANY chance of a rresumed assault. They could also arrest for breach of the peace (under Common Law). Neither of these powers is available to anyone but a constable, hence no power to make a citizens arrest either way.
If, however an ACTUAL injury had been caused (anything more than "merely trivial" - something "interfering with health and comfort") then that would be Assault occasioning actual bodily harm (s.47 Offences Against the Person Act 1861) which is an "arrestable offence" (a legal definition) for which any person may arrest where an arrestable offence HAS been committed (police can suspect as well, but we can´t).
In reality, if the incident had been witnessed by police I would have expected them to calm things down and find out what the victim(s) wanted to do about it. If either party refused to calm down I would have expected them to be nicked regardless, otherwise it would have depended on everyone´s views - could have resulted in no further action or one or both being cautioned, summonsed (like for traffic offences) or arrested and charged.
Hope this helps! Advanced power of arrest lessons available on request ...
