Collectica Bailiff

[CleverClogs]

Re: Collectica Bailiff

What do you personally think; Professional Standards Department or the IPCC?

Would you prefer an informal or a formal whitewash?

[AJGUY]

Re: Collectica Bailiff

Northumbria Police.

[bluebottle]

Re: Collectica Bailiff

Northumbria Police.

There are police forces in the north of England that behave worse. Find out from your partner what happened at the police station, then post on this thread. If the statutory codes of practice have not been complied with, you may need to speak to your solicitor as what has happened could be serious. I say this due to the fact your partner has learning difficulties and there are special rules that apply to the arrest, detention and interviewing of such persons.

One other thing, at the court hearing, was there a magistrate sitting on their own or were there 2 or 3 sitting together?

[AJGUY]

Re: Collectica Bailiff

As soon as he get's back from his mam's I'll ask him although I am sure he said they were "a few people" in the room.

Just a quick thought, in my circumstances a bailiff is allowed to "use force" to enter my house by using a locksmith, is he allowed to do anything else? Lets say put a few bolt locks on the door and jam the door with a set of ladders?

[AJGUY]

Re: Collectica Bailiff

Three magistrates were present. He was read is rights in the police station and also asked for me to be contacted which did not happen. He was not interviewed. He asked for his solicitor to be present. When he was let out he was just "sent on his way".

What "special rules" apply for a disabled person being arrested and detained?

[bluebottle]

Re: Collectica Bailiff

As the court has suspended the distress warrant for 10 days, the bailiff has no business coming anywhere near your home. I would advise that your partner's medical notes are made available to the court asap and, certainly, well within the 10 days.

[CleverClogs]

Re: Collectica Bailiff

One other thing, at the court hearing, was there a magistrate sitting on their own or were there 2 or 3 sitting together?

One magistrate sitting alone is a District Judge (formerly called a Stipendiary Magistrate) and he or she does not necessarily have BO or a tendency to fart a lot.

Two or three magistrates sitting together are Lay Magistrates and their seating arrangements do not necessarily mean that they are all Freemasons, Odd-fellows, Queer Fellows or homosexualists,

Three magistrates were present.

That makes sense, as:

1. Lay Magistrates are more inclined to believe anything/everything the police tell them
2. Lay Magistrates are more inclined to adopt the attitude of "Let's use common sense" rather than bother about procedure, evidence or even the law.
3. Lay Magistrates are therefore more likely to cause miscarriages of justice.

[AJGUY]

Re: Collectica Bailiff

He has just transferred doctors so we are waiting for his medical notes to be sent over so his doctor can write the letter, so just waiting for that.

Thank you so much bluebottle for your help. Finger's cross everything is going to work out. I'll keep you updated.

[CleverClogs]

Re: Collectica Bailiff

He was read his rights in the police station and also asked for me to be contacted which did not happen. He was not interviewed. He asked for his solicitor to be present. When he was let out he was just "sent on his way".

What "special rules" apply for a disabled person being arrested and detained?

Never mind any "special rules" - those woodentops seem to work as if they'd never even heard of PACE.

[CleverClogs]

Re: Collectica Bailiff

Just a quick thought, in my circumstances a bailiff is allowed to "use force" to enter my house by using a locksmith, is he allowed to do anything else? Lets say put a few bolt locks on the door and jam the door with a set of ladders?

Don't you have any land-mines to hand?

[AJGUY]

Re: Collectica Bailiff

Don't you have any land-mines to hand?

Haha I wish!

[bluebottle]

Re: Collectica Bailiff

Three magistrates were present. He was read is rights in the police station and also asked for me to be contacted which did not happen. He was not interviewed. He asked for his solicitor to be present. When he was let out he was just "sent on his way".

So, three Justices of the Peace were sitting. The sad fact about JPs is that they rubber-stamp everything the police tell them without question and do not test and weigh the evidence as they are supposed to do. If it was known that your partner has learning difficulties, the Clerk of the Court should have ensured the JPs were made aware of this fact. They have to ensure that where a defendant has learning difficulties that the defendant understands what is going on. They are also supposed to take into account the level of the defendant's intellectual ability, including their mental age.

Failing to inform a named person of a detainee's whereabouts is a breach of PACE Codes of Practice. Did his solicitor or a solicitor attend the police station? I am very concerned he was discharged from the police station and left to his own devices.

If the police knew, from the outset, that your partner had learning difficulties, they should have complied with PACE Codes of Practice concerning the arrest, detention and interviewing of persons with learning difficulties.

What "special rules" apply for a disabled person being arrested and detained?

These are contained within the PACE Codes of Practice.

Responses in red text.

[bluebottle]

Re: Collectica Bailiff

One magistrate sitting alone is a District Judge (formerly called a Stipendiary Magistrate) and he or she does not necessarily have BO or a tendency to fart a lot, but may have a liking for very strong curries, pickled eggs or both.

Two or three magistrates sitting together are Lay Magistrates and their seating arrangements do not necessarily mean that they are all Freemasons, Odd-fellows, Queer Fellows or homosexualists,


That makes sense, as:

1. Lay Magistrates are more inclined to believe anything/everything the police tell them True.
2. Lay Magistrates are more inclined to adopt the attitude of "Let's use common sense" rather than bother about procedure, evidence or even the law. Sadly, this is all too evident in many cases.
3. Lay Magistrates are therefore more likely to cause miscarriages of justice. Again, true.

Comments in red text.

IFYPFY :grin: