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LOL *NSFW* *The new Demote thread*

Discussion in 'General' started by adam_bagpuss, 8 Jul 2011.

  1. wolfticket

    wolfticket Downwind from the bloodhounds

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    Don't get me wrong, you can be arrested for resisting arrest, but by definition you have to be deemed (fairly or otherwise) to have been resisting arrest having done something that warranted arrest in the first place.
    Otherwise it's simply a misnomer and you are actually being arrested for something else. Failure to comply, disturbing the peace or something.
     
  2. stonedsurd

    stonedsurd Is a cackling Yuletide Belgian

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    Tell that to the rap sheet. Single charge - resisting arrest.
    See above.
     
  3. Golden-1

    Golden-1 Member

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    There's a slight difference between being under arrest in america. and in the UK.

    in the UK, you're only arrested when there's enough evidence to support that you're probably guilty, and that the police intend to proceed with prosecution.
    before that you're simply "helping them with enquiries". if they need to get a court order to force you to do that, then they will, but once they've arrested you, they have 24 or 48 hours to actually formally file charges. after which they either have to request an extension, under extenuating circumstances, or "de-arrest" you.

    In the UK, being arrested has a legal state, unlike in america, where it's the prosecution that has legal stance.

    in america, they can arrest you even if they only intend to ask you questions, and (supposedly) are reasonably sure that you wont hang around for them to do so at a later date.
     
  4. Porkins' Wingman

    Porkins' Wingman Can't touch this

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    Correct me if I am wrong (something might have changed recently) but it seems you're talking about something as if you know it, when actually you don't. Reasonable grounds to suspect is all UK police need. Intention to prosecute will usually come later, once the suspect has been arrested and interviewed (recorded) under caution, and sufficient evidence to make a successful prosecution probable . Help yourself.
     
  5. Porkins' Wingman

    Porkins' Wingman Can't touch this

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    To clarify, resisting arrest is an offence in UK and US law.

    If the fuzz don't have the evidence to charge you with the offence you were originally arrested for, they can still charge you for resisting that arrest, which could explain Stonesurd's mate's 'rap sheet'. 'Resisting arrest' is a phrase that is used when referring to obstructing the police.
     
    Last edited: 28 Jul 2015
  6. theshadow2001

    theshadow2001 [DELETE] means [DELETE]

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    Surely the conditions of arrest are irrelevant as long as you can be cleared or released afterwards. You can legitimately be arrested on suspicion of something, resist that arrest, be cleared of the original crime and have the resisting arrest remain as the only offence. Resisting arrest doesn't become legal because you are innocent of the crime for which you were arrested.
     
  7. Yadda

    Yadda Well-Known Member

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  8. wolfticket

    wolfticket Downwind from the bloodhounds

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    Yep, pretty much.
    You can't be arrested solely for the reason of "resisting arrest" without other factors involved though, as the original "why-aren't-aeroplanes-made-out-of-what-they-make-black-boxes-out-of" style quote implied.
     
  9. Porkins' Wingman

    Porkins' Wingman Can't touch this

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    I suspect the original quote was deliberately playing ignorant in an attempt to win the hearts/minds of an under-informed populace.
     
  10. stonedsurd

    stonedsurd Is a cackling Yuletide Belgian

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    Thanks for the information. Good to know :thumb:
     
  11. Porkins' Wingman

    Porkins' Wingman Can't touch this

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    One can only hope you've read the posts since what you've quoted and are being sarcastic...
     
  12. fix-the-spade

    fix-the-spade Well-Known Member

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    Unfortunately, rough rides are a very real thing.

    Plenty of places in the world where getting arrested mean you accidentally fell over in the van and broke four teeth, fractured your wrist trying to force the cell door and got a concussion when you slipped and headbutted the main desk.
     
  13. Yadda

    Yadda Well-Known Member

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    I think being "arrested" and being "charged" are being confused here.

    In the UK (or England & Wales at least), you can be arrested by a Police Officer if they suspect that you have committed a crime. It's a decision they can make independently, on the spot.

    Following the arrest, if it's deemed (by a seperate body - the Criminal Prosecution Service, or CPS) that there is a strong enough case to establish your guilt then you will be formally charged with the crime and the case will be tried in court.
     
    Last edited: 28 Jul 2015
  14. stonedsurd

    stonedsurd Is a cackling Yuletide Belgian

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    Yes, I missed those...

    Well, regardless of the legality, here's where I stand on the issue.

    1. You're being arrested on suspicion of having been naughty (obviously on suspicion, with presumption of innocence etc), and you have in fact been naughty. In the process you resist, and your "rap sheet" has two charges - (a) naughtiness and (b) resisting. This I am ok with.

    2. Same as above, but this time you resist not for shits and giggles, but because you have not been naughty. One could call this, and I would agree, entirely natural. You go through the procedural hoops and you are established not guilty of any naughtiness. In that case, the resisting arrest charge should NOT remain on your record. In short, it should be an additional factor in damning the guilty, but not a reason to simply pick on the innocent. This did not happen with my mate, who ended up with no charges except resisting. Which is f***ing stupid.

    Just my two pence.
     
  15. Porkins' Wingman

    Porkins' Wingman Can't touch this

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    But...

    [​IMG]

    ...and of course, by obstructing the Police in their lawful duty, you are not innocent... so...

    [​IMG]

    [​IMG]

    [​IMG]

    [​IMG]

    [​IMG]

    [​IMG]
     
    Last edited: 28 Jul 2015
  16. stonedsurd

    stonedsurd Is a cackling Yuletide Belgian

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    Obstruction and resisting are separate things.
     
  17. Porkins' Wingman

    Porkins' Wingman Can't touch this

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    Maybe... but, in the UK at least, they're wrapped up in one offence (or were in 1996 anyway when the Police Act was enacted):

     
  18. VipersGratitude

    VipersGratitude Well-Known Member

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    Haha! No. All cops are scum...
     
  19. MadGinga

    MadGinga oooh whats this do?

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    Just no. Most are normal people trying to do a job in quite often difficult circumstances. Opinions like that only make matters worse.
     
    Yadda likes this.
  20. VipersGratitude

    VipersGratitude Well-Known Member

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    Opinions formed through experience. You reap what you sew and all that...
     

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