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arrested to find the grounds #
yet a lawful arrest(s.24) require 2 elements (i) & (ii) BOTH elements must be satisfied before moving to s.28 (code G2.4) have to be met under PACE
it seems arrested on (i)suspicion to find (ii) grounds .......... where (ii grounds are lacking (no present )
therefore
the 2 elements lawfully required (i) & (ii) are not satisfied = not met
therefore (i) & (ii) not met BUT his training/guidance code
not to mention "as soon as crime /incident has "occurred" (prior to arrest) a "caution" must be verbally announced before question asked
according to PACE code C10.1 , then on arrest , "caution" again code C10.4 "privileges"
which PC never gave "cation" (prior to arrest) hence words cannot be used prior to a "caution"
I never heard him "caution " on arrest (C10.4 privileges)
nor did I hear s,28 mentioned after arrest (code G2.4)
code G2.9 states
When it is practicable to tell a person why their arrest is necessary (as required by paragraphs G2.2, G3.3 and Note 3), the constable should outline
the facts, information and other circumstances which provide the grounds
for believing that their arrest is necessary
code G3.3
A person who is arrested, or further arrested, must be informed at the time if practicable, or
if not, as soon as it becomes practicable thereafter, that
they are under arrest and of the grounds and
reasons for their arrest, ..............see paragraphs 2.2 and Note 3.
= NOTE (3)
An arrested person must be given sufficient information to enable them to understand they have been deprived of their liberty and
the reason they have been arrested, as soon as practicable after the arrest,
e.g. when a
person is arrested on (i)suspicion of committing an offence they must be informed of the nature of the suspected offence and when and where it
was committed.
The suspect must also be informed of the reason or reasons why arrest is considered necessary.
failing this the arrest is questionable not valid = unlawful
I do hope they never took your fingerprints photograph ect
here's the kicker :-
PACE guidance .. 2H
The "necessity criteria" (section 28) do NOT permit arrest solely to enable the routine taking, checking (speculative searching) and
retention of fingerprints,
samples, footwear impressions and
photographs when there are NO prior
(ii) grounds to believe that checking and comparing the fingerprints etc. or
taking a photograph would provide relevant evidence of the person’s
involvement in the offence concerned or would help to ascertain or verify their real identity.
they are out of control ,,and the reason they don't follow the code/guidance which gives them confidence to breach the code
is
PACE 1984 ,section 67 (10 ) protects them from prosecution
then
WHY with the above is to have a " CODE" 🤷♂under PACE section 66,,,who is responsible/maintained by HS James Cleverly
the Bill - Lovely nonsense about law you spouted in your comment, But you wasted a lot of time typing that big comment :-
NB:- PACE does NOT apply in Scotland!!
Criminal Procedure (Scotland) Act & Criminal Justice & Licensing (Scotland) Act in Scotland. Legislation relating to England & Wales isn't applicable or enforceable in Scotland.
@@topcat1358 Does Scotland allow the arrest of people
based on a second hand report of suspected suspicion?
@@tourettes4893 - No idea. I just know that PACE does not apply in Scotland
@@topcat1358 ahhh yes PACE England , Wales , only , thanks for the geography test😉 I got you ,
in Scotland its very similar code of practice/guidelines to PACE
but Scotland
CJA 2016 created under code 1.4
to "lawfully search" require a 2 tier test
(i)Suspicion + (ii)Grounds BOTH (i) & (ii) "have to be met" before search commences code 4.2 .... (same as PACE code 2.2)
Also to seek a search:- to "cooperation" must be sought in every case code 6.2 ... (same as PACE 3.2)
at least Scotland have " code of practice " similar to PACE the guidance "code numeric" is different
eg Scotland -- 2 tire test search required = code 4.2 ,,,,,,,,, PACE A2.2
I do notice how they abuse s.13 in Scotland and not as fair ,,,,as PACE s.24 has more limitations to pass but still gets abused
I take it you do not like my nonsense and is noted , even so
all the best topcat 🙏
🤦♂️nope, there's been no crime committed and no you're not detained but you'll stand here and answer my questions untill i arrest you for nothing....... horrible coppers
Two goons with nowt better to do just found someone to aggravate,when they are asked what crime has been committed a frantic search on the phone throws up nothing so desperation creeps in they go round and round in circles hoping you will give them somehing,an excuse to get heavy.
If you aren't detained but you aren't free to leave you are kidnapped!
Those two idiots in uniforms were ignorant of the law (comparing a public building to a personal home etc..) but still had the power to arrest a member of the public going about their lawful activities. So sad to see, and so chilling. I hope you are okay, fella.
Im fine.... thanks 👍👍👍.
@@AAUK2 SCCRR Elliot v Tudhope "A person arrested on the wholly spurious charge of breach of peace was held to be criminally abducted". That would apply to any arrest on wholly spurious charge.
These officers make the police look like clowns. No laws broken but they are trying to trump up charges for no reason whatsoever 🤦♂️
What an absolute f***ing disgrace! Is this what it has come to when an innocent member of the public gets treated like this by police constables in Scotland!
It's terrible. PoliceScotland are the gestapo for the SNP!
a couple of melts no wonder nobody respects them anymore.
As a Scot I can say that in the past 20 years our police force has become unrecognisable to what I grew up with. Police on the beat were cheerful guys and we were always taught to trust them. I wouldn't trust the present police force an inch. Disgrace of Scotland!
I know of people who were lifted standing at a bus stop just for wearing the 'wrong' football colours. Just because there was trouble in the vicinity.
if they ask me why im filming i tell them i can cuz im in public & getting stop by cops & answer same stupid crap non stop also since i broke no law im walking away if u stop me then my lawyer end ur career.... so take u pick if they say anything i tell them no stop talking to me we done leave me alone & piss off
Never speak to the police another prime example.
Yes!
Cops says we are not detaining you but yet stop you from leaving lol. Wow. Just utter clowns
But perfectvactions for claim/complaint
Read Lord Carloway's Policing Review. You especially will find it useful. For example, page 32 paragraph b "A constable must not make threats". It also has the LAWFUL stop procedure.
@@TheGwentAuditorTGA tell him to try that off duty
They are not clowns, since a clown is a job, in which you can't abuse people. These are criminal mercenaries who don't care about the rights of a free citizen!
@@tomppaedv2208 and too bully people without worrying about getting Decked or ending up in Hospital
I do hope you will be seeking legal advice on this. Those scummy cops were right out of order....
Yes, I intend to put in an immediate complaint and start the ball rolling on Monday. 👍✌️
@@AAUK2 hope you get a few quid . I know it's good for views but don't talk to the filth as much.
@@THEWARRIORSMIND. I know lol 😆
@@AAUK2so what happened after did they take u to station then release u?
@@AAUK2 please do they have no legal right to detain you without a crime. they clearly didn't want to tell you you were detained because they know they are wrong
Absolutely disgraceful, zero evidence of any offence committed and well done for standing up to the tyrant cops who expect innocent people to provide their details on demand like they do in countries such as North Korea. I am very confident this was an NFA (No Further Action).
no further action is not good enough compensation paid out of their salaries is.
This type of "police" behavior is typical in developing countries and in states controlled by dictators!
The Cops wanted to know , if while they were talking to him , he was committing a crime back where the call came from . The place where he wasn't anymore and no crime was reported , just a suspicious person that did nothing and left the area .
The going rate with Scottish police for unlawful arrest is about £5000. Go for it.
Will be my first one ever👍✌️
@@AAUK2 It wont be their first. You would think they would learn.
Start raising the precedent, in Britain they hsve been refusing the pittance and making the settlements go up more and more, there's no reason the settlements should be so low when false arrest bare minimum is 6 figures in the u.s. in almost all regions these days.
@@AAUK2 HSK solicitors will fight your case go for it
Unlawful arrest!
Make sure u go to the nearest hospital after y have been released
Complain of injury to hands and wrists,
Long term injury/ unable to work /
Due them:
That is what the country had come too
Sarah Everhard anybody!!!!
Awful police work by those two idiots. I hope you can take legal action.
I intend to 👍✌️
@@AAUK2 , GREAT, is there a possibility to sue the UK in an International court for human rights violations?
Seems we can be arrested for anything, except committing a crime.
Yep, that's today's lesson! ✌️👍📸
They're not interested in crime. Too hard and scary
@@MikeEves im sure without the uniform they would be to cowardly to bully people too
You won't see the police anywhere near a crime. They are not interested.
It seems to be very common in the UK for police to say someone is not detained then forcefully stop them from leaving
Two complete embarrassing police officers.
All the bad things that are happening and they waste their time arresting someone for filming. Soon people will be arrested for breathing.
Scottish police are lethal, a bad bunch, Edith Bowman looks really happy in her costume.
Thank you please !
I think every officer who arrests someone without a valid reason, later released without charge, should have a limit of how many times they can do that before being dismissed.
Someone filming in a public place isn't a crime.
OMG!! So many bad things those Constables did, they BOTH need removing from duties and retraining ASAP before they're allowed back out in Public eye..!!!!
This is absolutely ridiculous no evidence of any crimes but arrested because of suspicion ??? Why are we being forced to pay for such incompetence in law enforcement !!! This is beyond stupidity it is absolutely disgusting behaviour from these law enforcement officers just gathering the hatred they so dearly deserve !!!
That is disgraceful, no crime , lawful activity, arrested. This could be Nazi controlled Europe 1940.
It's no longer 'could be'.
philip - You're right. Scotland has been run by a Nationalist Socialist Party for over 10 years and a SINGLE police force for 10 years. Same as Nazi Germany in the 1930's.
The UK is looking more and more like the the Soviet Union
@@kingkoi6542 , well, more likely than North Korea. These things won't happen in a state of justice though!
These 2 coppers are true honest professionals who are also dedicated to the job. Please send them to Rotherham, Rochdale where there is more pressing matters of concern where the local bobbies would rather turn a deaf ear and a blind eye too.
✌️👍
Suspicion is not a crime,no grounds for arrest,typical police clueless of the law, absolute 🤡🤡😳
In a police state a suspicion is enough for an arrest!
I have a suspicion that those two officers should be fired for total incompetence. Does that work? Unlawful arrest.
Nice bit of compo coming your way. That was 100% an unlawful arrest.
No caution too! 👍✌️
Utterly disgusting!! Not one police officer turned up to my truck after it got broken into, ten days in I had a knock at my door a policeman turned up to talk about the break in. What have our police become 🤬🤬🤬
I'm arresting you Sir, for being in possession of an English accent. 😳
well done my friend..you answered every question in the perfect manner ..those officers were totaly out of order....i wish you well for the future...your a fantastic auditor
Thanks so much Peter!!!!
Remember, where there's blame, there's a claim! I mean, police are keen to uphold law, yes? They shouldn't mind.
Absolutely 👍✌️
It sounds like it's the emotion police and that they're trying to detain someone who doesn't have the same thoughts as them. This sycophancy is sick and paroniod and such a thing must be stopped. This is very signing.
Holy shit! What an utter disgrace those cops are.
What a waste no numbers given out from the silly police
disgusting abuse of power, they need another job
This simple Plod is talking himself into finding an offence despite the fact this guy keep repeating his lawful actions. Arrested for maybe committing an offence but the Plod didn’t know what. Nice one!!!
if any farms in the local area need to spread sewage these two officers can help at the tax payers expence
And they wonder why they are hated.......
WHERE IS THE CRIME...???
Just tell them to go away and leave me alone, just let them know that your favourite charity needs the money so carry on abusing your powers. I hope they are sued and re-educated.
I'm hoping to sue them on this occasion.
@@AAUK2, very good!
I think they watch too many Tom Cruise films, looks like getting arrested for a crime you committed in the future.
When he stopped you from walking away should have just carried on walking. You spoke to them too much. If they then attempt to retain you self defence as its the only way they will learn. Not only that you can then add to any pay out for any physical assault from them.
It's a tad difficult to be so logical in the heat of the moment lol 😆 👍✌️
This is why they refuse to take body worn cams. Absoulte scammers.
you can't detain someone just in case they might have committed a crime 🙄
zom - Did you watch the vid?....These cops did!
@@topcat1358 yes but they not supposed to
@@ZombiestFever - Agreed. They are not supposed to - but you initially said they can't. They can and they did!
@@topcat1358 scary that you can get Arrested for nothing
@@ZombiestFever , they do it since there is no accountability. If they there was a severe punishment on the table for a serious crime like a totally wrongful arrest, they would behave like that.
Another example of the fantastic kind of police work that shows why the letters A.C.A.B. are always correct!
The poLice make me sick. I hope that you take them to court AA. Stay safe man
How ridiculous it almost seems like they didn’t know that they were being filmed or didn’t care.
These officers unprofessional conduct needs to be reported to the ICPO.
A member of the public being stopped and accosted for carrying out their lawful business in a public place is unacceptable.
blob - One BIG problem with your advice :- ICPO (or IOPC) have NO jurisdiction in Scotland!
@@topcat1358 ahh it should be PiRC Police investigations Review Committee
@@blobrana8515 - Yeah, but given that PoliceScotland and PIRC are both incompetent and corrupt and puppets of a Nationalist Government, you'd be better peeing against the wind!. A civil suit is the best advice - get compo if possible!
Pace went out the window on this one.
Didn't it just lol 😆
street - PACE does NOT apply in Scotland! PoliceScotland are the gestapo for the SNP!
@@topcat1358Scotland has a duty on police to take every precaution to ensure someone is not unnecessarily held in police custody, also. Police work in Scotland is carried out in accordance with fundamental policing principles, agreed by Parliament and exemplified in the Police and Fire Reform (Scotland) Act 2012 when they stop and search you. According to the Scott. Gov website. So I would say it's simular to UK law as apposed to independent from UK law.
They never learn up in scotland
I've been arrested twice in Scotland but never in England 🤣
This was "profoundly sinister behaviour by those officer's from the outset"!! It was just pure conjecture from them, and they just "couldn't wait" to apply the handcuffs!! So sorry you went through this vile process AA!!
Yes it may as well be "1984"!! Take Care AA!!
Hey Adrian... I'll take this one to a solicitor. I've got the interaction that caused this arrest. I was at the Police Investigation and Reviews Commissioner and alerting them to a serious GDPR issue. They blame the messenger and just carry on leaking the information to all and sundry!
@@AAUK2 so that's why you were in Hamilton. I hadn't put 2 and 2 together. I reckon you should pursue recordings of calls and radio traffic. It would be interesting to see if the two plod were instructed to arrest you. It would explain their behaviour in not 'detaining' you if they had already decided you were going to be arrested. It would also possibly have messed their thinking hence no caution etc.
@@stuartcook8823 Exactly 💯👍 and I've got the interaction that caused the arrest. 👍✌️ Coming soon!
Scottish Police: Just what is it you expect, intelligence? Diligence? Adherence to law? Wakey wakey!!!
Looks like ive got a visit to Hamilton on the books. Might phone myself in as a suspicious person.
Hahaha i was at the PIRC...I also did a Luke Mitchell video from the courts in Hamilton today...✌️👍 Will get it edited soon mate as well as another in doing on him!
@@AAUK2 ❤️
Hey mate do you know of an HNK type solicitor here in Scotland?
@@AAUK2 not one with proven success against the police, mostly because auditing is pretty quiet up here. But try Irwin Mitchell. They are based across the UK and have offices in Scotland. They specialize in wrongful arrest.
@@byMRTNjournals brilliant thank you!!!
Corrupt cops
Causing alarm and de-stress. Civil courts 😂
You were arrested because you talked to these people , if you had stayed totally silent , and walked away , they would probably have detainyou , total silence would have given nothing , you fed them ,
agree some people talk too much when they should not.
Silence is golden. Should have just walked away.
Sadly true, i fear. Such a pity that despite AAs perfectly reasonable explanations, they just had to go hands on - i can't find any other explanation other than they didn't like the look of someone and/or like the power trip involved. The only lesson this exchange gives me is to state 'I'm not answering questions" and walk away. Sad that we've come to this.
I'm no lawyer, but this looks like an easy payday for you
Absolutely disgusting behaviour as they frantically search their phones for ANY charge they could levy (not knowing the law themselves).
some cops er so corrupt it like watching vids from 5 years ago ..
The pre-cogs said you were going to commit a crime........scary times
Omg! You're filming in public! You're under arrest!
That's exactly it lol 😆
Can you upload the result of this awful interaction. These two clowns need brought to justice
Yes, every step of the way on my community page, letter by letter etc...i do it with a lot of video's 👍👍📸😆
@AAUK2 must be exhausting and stressful for you
a job for hnk solicators caching
Not sure they cover Scotland
@@AAUK2 scotish police seem to be a law to them selves .....proper bullie boys
Absolute disgrace.
They have a 'Suspicion' because someone doesn't like what you did and a suspicion you may do something 😂
What next the thought police. 🤔
'Excuse me sir we have a suspicion that you may have thought about dropping some litter' 😂😂😂
More Auditors to Hamilton
Scottish cops with no evidence of anything simply depriving someone of their liberty. I hope this guy gets a good lawyer and successfully sues Police Scotland.
To call these two clowns is a grave insult to circus performers everywhere
👍✌️
Keep us posted.
So terrible. They are terrible officers. Another lawsuit, taken from the public purse
But the public needs to take it from the police, one way or another!
Minority Report is coming to pass 😂
I grew up close to Hamilton & Blantyre Police districts. Police have been horrendous, violent, corrupt as far back as i can remember. I’m now 57, I left a long time ago
It didn't feel that friendly as a town except a few nice people I met there. I will be posting what caused the arrest as it was the PIRC that rang them.
Surely you can sue them for this.
💯✌️👍
Lawsuit. Get them repremanded and get some of our money back that the pirates keep stealing off us for victimless fake crimes.
oh my she has a torn face needed a warning before the camera swung round.
Arrest of a man with a dangerous camera. There was no offence, no reasonable suspicion of an offence or a crime, absolutely ridiculous. The only report was a man filming with a camera.
He even admits he does not have the information to believe any crime has been committed.
Someone needs to tell these cops this isn't Minority Report. Using their dumb logic they might as well arrest every motorist because they have a car and so could speed. Dimwits!
I grew up in Scotland in the last 90s and 00s and I have been stopped and searched no exaggeration more than 50 times without ever been found with anything illegal. I've been arrested about 10 times and they sometimes charged me with " breach of the peace " which is a catch all term for nothing. I never had to go to court because it would always be thrown out. Sometimes the would just release you without charge. I remember one summer when me and my friends were searched every night, our cars stopped and searched. This wasn't in a rough place it was a normal mid sized Scottish town and yes we all wore tracksuits and baseball caps but looking back it's insane how many times I was searched or detained as a child without my parents even knowing. Ask any body the same age as me and they'll tell you this was they way the cops were in the late 90s and 00s. Mad.
Still at it now haha 😆
That's because Scotland has a drug problem like no where else.
The standard of the police is abismal they should be made accountable personally
I can imagine the Custody Sergeant in reception asking t his pair what is the alleged offence and getting blank looks in response.
This is a easy win make a civil claim for false arrest unlawful detention and force
Police Scotland is the only police force in the UK not to have body worn video cameras. Maybe this is why!
2 more incompetent cops that need to be sacked, they have no place in the public service! If there is no reasonable suspicion of a crime you can't detain him, or demand his ID.
👮♂️👮💯👍✌️
They need to be punished for the crimes they committed!
Both these police officers are plainly incompetent. And i do hope the custody Sargent threw the case out.
Now is the time to police the police and get rid of clowns like these 2.
Wow, that is a slam dunk for a lawsuit. Take em to the cleaners
This is why there is very few "auditors" in Scotland
Just wow, shocking policing yet again.....How you stay so patient I do not know....
Lol it's an art haha
As usual, Police Scotland are an embarrassment!
Sue those utterly corrupt liars , they are the real criminals 🐷🤬🤬
They are a disgrace. I think they got annoyed because he knew the law better than the police, so they made up a story to arrest him. Egg on faces springs to mind…👈👈👈👈😂😂😂
Tramping all over your human rights, doesn't surprise me the training of the Scottish police force is dreadful. 😮
I hope that they kept you in 😇
Haha no
@@AAUK2 😇😉
@@AAUK2 I hope the custody Sergeant doesn't agree with this
Never talk to police. NOT ONE WORD
Despicable policing. The usual uneducated cop
Acting suspiciously and being suspicious are two entirely separate different things
yes, and when the camera is the reason for the suspicions then it tells a lot about the law enforcement!
Congratulations brother!!! Hahahahaha please keep us posted on the process and outcome of this lawsuit/settlement!!!! You really lucked out being victimized by these treasonous cowards!!!!
hope you get them for illegal arrest and take them for compensation .keep us informed on this one pal ,dont be intimidated by them ,get a law firm onto it
It scares me that police can waste this amount of time harassing people and causing distress instead of fighting actual crime. Disgusting. More power to you !!! 🙌🏻🕊️✨
Thanks 👍 so much Sharon!
@@AAUK2 you are welcome 🙏🏻 glad you are ok 👍🏻
Good god ,what a train wreck of policing, shocking restriction of movement when they said he was not detained
I dont think they are ignorant of the law.. They know the law but don't give a F**K about peoples lawful rights because they know they will get away with abusing those lawful rights
This is a lawsuit coming up for sure! Illegal arrest, no grounds whatsoever and suspicion or filming in a public place isn't a crime! Nowadays some Police officers are clueless about the law, how can you be representing the Police Force and don't know the law? 🤔 🤔 Mind blowing to be honest! Not being offensive or rude but it is like giving a car to a blind person to drive! Oh my days!!
Clearly these two won't be making detective grade. Who recruits people that display this level of incompetence?
So what was the outcome?
Disgraceful. Zero evidence of any crime having been committed but they detain you (apparently without actually detaining) and try to force you to hand over your details under threat of arrest and then handcuff you and drag you off to custody when you rightfully refuse.
This is the same police force that handcuffed and dragged away a christian preacher when one person complained he was preaching homophobia (despite him reading scripture straight from the bible). Despite their being zero evidence of any crime he was convicted of a hate crime without being given his day in court. He sued Police Scotland and was awarded £2000 and had the conviction expunged from his record.
I'm not familiar with Scottish laws and police procedures but this seems massively unlawful and a huge overstepping of powers. I hope you can find a solicitor to take this case on and sue this pair of pricks.