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Advice on historical arrest

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  • Advice on historical arrest

    Recently I read an article about a man who was arrested for a crime he didn’t commit held in police cells for 3 days and eventually sued the police for wrongful arrest.
    This made me remember an event back in 1990 were I was arrested for failure to appear for drink a driving offence, even though I know I did not get the summons. In fact It was 9 months after the offence they finally decided to arrest me. My address had not changed btw.
    Then held in police cells for 3 nights in a station on the other side of the county, until I appeared in front of the magistrates on the Monday morning. I was never offered bail or to see a lawyer.
    The thing is, I blew under the limit on one of my breath test, so the police officer said because one was over I had to have blood test, which I agreed with.* He then said that if the blood came back over the limit, I would get a summons, if it was under I would not hear anything further.
    Fair enough I was over the drink driving, limit but only by 1 mg, I was banned for 12 months but I had a £0 fine.
    The magistrates appeared nervous and were having a heated discussion with the clerk of court who kept looking over at me with an absolute puzzlement on his face. He sent someone off to make a phone call and the court waited a good 20 mins until they returned and whispered in his ear. And then after another little meeting with the JP’s the senior one shook his head and issued the ban and no fine. And I swear this now he said, “If I could let you off for the ban I would do, but I have been given no choice”.
    When I was released a local journalist stopped me just outside the court. He said he was astounded about what had happened to me. He asked for some details and seemed really excited about a possible story. Promising he would investigate it and get back to me as soon as he had anything.
    I’ve never been arrested before this event – and I’m in my 50’s now and never committed a crime.
    There is more to this, but I won’t go into details. The only thing I will say is, my father who recently passed away was a long-standing JP (35 years). He was also a JP who would never trade favours in justice.
    So based on what I have written do I have a case for wrongful arrest?
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  • #2
    nd I’m in my 50’s now and never committed a crime.
    The criminal conviction would say otherwise.

    So based on what I have written do I have a case for wrongful arrest?
    The action taken by the court in sentencing and the arrest would be two different issues - only the former could involve any wrongful arrest. I'd be amazed if you could successfully bring any action after this length of time. issues like you describe would have been far more appropriate to raise at the time.

    He was also a JP who would never trade favours in justice.
    You seem suggest that there is some sort of collusion that was taking place - that is a very strong statement to make. It is far from unusual for magistrates to discuss issues with the case and check certain points with the clerk.

    And I swear this now he said, “If I could let you off for the ban I would do, but I have been given no choice”.
    Not an unusual circumstance to think it, it's usually just not voiced as it's not professional to do so. A magistrate sees plenty of cases where their own views and that of the law vary however, as they make entirely clear throughout the training and sitting, you are there to apply the law as it stands. The magistrates have the power, in most cases, to vary the sentencing guidelines if they feel it is appropriate to do so and it's not uncommon to use this power - not issuing a fine was well within their powers. 30 years ago the magistrates had far more discretion in sentencing than they do now.

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