harassment

[theGobbyOne]

Re: harassment

Has your daughter taken legal adbvice about an injunction with powers of arrest, if not she should see someone asap

[Delta]

Re: harassment

Not sure what the law is regarding pepper spray, but I was advised by a security guy to carry a small tin of hairspray or deodrant with me, it's not a lethal weapon, and bloody hurts when sprayed in the face, your defence would always be that you felt threatened and it was the nearest thing to hand, you used it in self defence.

PK is probably now going to tell me to shut up! lol

[scottishlass]

Re: harassment

Thanks everyone,

Still waiting for the police to come and see us:rolleyes:.

I am going to enquire about the injunction,her friends have been great they are taking turns looking out for her, but they can't be there 24/7.Also she doesn't really want them to get involved as they, then may be picked on.

There has been a few calls to my daughters friends, trying to convince them that nothing was going to happen, and that she didn't have to call police yeah right.
they have never been in the shop before,its was just before the shop closed at 10pm so not much people going around, didn't even look around shop,just kept shouting is someone going to serve us.Knowing that she was the only one there.

Will let you know how we are getting on.

[Paule]

Re: harassment

Not sure what the law is regarding pepper spray, but I was advised by a security guy to carry a small tin of hairspray or deodrant with me, it's not a lethal weapon, and bloody hurts when sprayed in the face, your defence would always be that you felt threatened and it was the nearest thing to hand, you used it in self defence.

PK is probably now going to tell me to shut up! lol

As long as you can say the right thing in court you'll be ok.

Premptive strikes are fine as well, as long as you can say the right things.

I wont go into the ins and outs of whats the right thing to say as that is more from a Police view and it may seem like you had been coached into what to say, if you know what i mean, but if you feel threatened use what ever you can to make yourself safe, and just be honest with the reasons for why you felt the need to use it

I would chase the Police up, if necessary, go to the station and ask to speak to am Inspector, to get things moving.

re: Pepper Spray: My Force uses 'CS Spray', which is like water, and it is classed as a Firearm and is kept in an alarmed unit at the station when not on duty.

[StoneLaughter]

Re: harassment

Wouldn't some of this come under "threatening behaviour"? Or maybe a S.4 Offence under the Public Order Act?

[scottishlass]

Re: harassment

update,

they are finally coming to see us on Monday,that's 2 weeks from the date of the first complaint by phone.

I did phone earlier this week to ask why no one had been to see us, but the officer dealing with the case wasn't available until today,so he phoned this morning.

will let you know how we get on,so far there has been no more problems.

[Paule]

Re: harassment

Ok, as least you are getting somewhere

Keep us posted or shout for any further info.

ps. The delay could be put down to shift patterns and duty commitments

[theGobbyOne]

Re: harassment

Ok, as least you are getting somewhere

Keep us posted or shout for any further info.

ps. The delay could be put down to shift patterns and duty commitments

The delay is probably due to cuts and also they cant be ****d............not every force has a good policing policy in practice think they call it the post code lotto!!!!!!!!!!!!!!!!!!:okay::okay::okay::okay:

[scottishlass]

Re: harassment

Thought I had better update,haven't been on for a while.

Had the locsl Police Officer round,and he basically said they had two options.

1. to charge with breach of peace,and she would get a fine but nothing would go on her record.

2. A warning which would go on her record for two years,and if she made contact again then we could take it to court.

So we have agreed with option 2.

Not sure how she will react to this,but it might just be enough,we will have to wait and see.

[StoneLaughter]

Re: harassment

It is most certainly a good start. Not sure where the "Breach of the Peace" bit comes from... I would most certainly have looked at the "Threatening behaviour" or "Harrassment" offences first. Don't forget that you always have the civil route if you need it to take out an injunction against her on your own behalf. It's more costly but breaching an Injunction is an Offence which is easily prosecuted after ONE occurrence.

PKea, is "Breach of the Peace" now a S4 POA offence? Why doesn't it go one one's record?

Cheers

[Paule]

Re: harassment

I

PKea, is "Breach of the Peace" now a S4 POA offence? Why doesn't it go one one's record?

Cheers

BoP is a 'complaint at common law'. It is not a criminal offence. Whilst a person can be bound over to a sum of money to keep the peace, they will not get a criminal record.


A bit more detail:
Always go for section 5, unless you do not want to pursue action against someone. For example, you might want to remove someone from a specific area who might be kicking off, yet you have sympathy for- like an OAP who is involved in a civil dispute regarding a refund in a shop. You might not want to go down the criminal route and just want to remove them and calm them down.

Also, s.5 does require a warning to arrest. However, the offence is complete without a warning. So (if it can be justified) you can arrest someone for s.5 under s. 25 PACE and remove them from the area and release them where upon you are satisfied that the conditions are no longer meet (e.g. harm to themselves or others or damage to property).

Custody sergeants are known for not liking their time wasted with BOP arrests

Section 4A is triable summarily only and carries a maximum sentence of 6 months imprisonment, and is therefore not an “arrestable offence” under s. 24 PACE. However a constable may arrest anyone whom he reasonably suspects is committing an offence

There is no need for a warning unlike under Section 5. This is why the police will often arrest under Section 4A and then drop the charges to Section 5. It is often difficult to prove the necessary intent or to produce a witness who is prepared to say that they were caused distress. This is why the prosecution will often prefer to charge under Section 5, which is much easier to prove

Info from the CPS The CPS : Public Order Offences incorporating the Charging Standard

[scottishlass]

Re: harassment

Just an update on the situation,well she must have been given the warning as she has sent a text message to my daughters friend "Tell your mate C that if she is going to get the police, to do it right next time,I didn't even get charged."
Next one was "Next time I will just have to be more clever and whether it's 2 month or two years from now I will not forget".

So going by that she is never going to stop,she is taking her friends phone to the police to show them the messages.Luckily she has really nice friend who are all looking out for her.


Thanks for all the advice on this matter really appreciated.

Wishing you all a Merry Christmas and A Happy New Year

[Paule]

Re: harassment

Hi SL

Glad we were able to help, even if she didnt get charged it will be on the Police Computer so any future checks on this person will bring this up, and reporting every time just builds up a better case.

Happy Xmas and all the Best

Paul

[stevokenevo]

Re: harassment

Hope you have a peaceful and enjoyable xmas SL

take care

[scottishlass]

Re: harassment

mas:I am not going to let the likes of her spoil itrudolf