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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11016
Experience:  30 years as a practising solicitor.
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bruises whilst arrested "refusal to quit a pub"

Customer Question

I was arrested for "refusal to quit a pub" I was forced to my knees by 4 officers infront of friends, neighburs and customers. I sustained significant brusing, which i have photos of that I took myself.


I was not read my rights till I was put in a call and was not questioned. I asked for a solicitor but none was gven. they had my ID as they took my drivers liscence out of my bag. They removed all my clothing, including underwear and did not provide a sanitary towel. there was no access to a toilet.


I was there from 9.00pm till around 2.30. Only when I asked for a doctor to photo my bruises and for them to explain to me exactly why I was there, ie who actually made a complaint did they suddenly decide to issue a fixed openalty. they chucked me out of the police station at around 2.00am with no lift home.


I immediately reentered and reported the bruising and assault to other officers. but they claimes they are not allowed to deal with complaints about fellow officers! I believe my incarceration was purely punative. - I am 37 years old with no criinal history.

Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for contacting JustAnswer. I am a Scottish lawyer. I have read your narrative. You have put in a formal complaint against the police. That is the correct thing to do. What is your question for me?
Customer: replied 4 years ago.

How can I press for criminal charges.? Is what they did legal.?


Expert:  JGM replied 4 years ago.
The force used in the arrest has to be "necessary and reasonable". If you were drunk and resisting then they can probably justify using a degree of force.

They have to have a reason for removing your clothing and they have to give you something else to wear. You don't give a reason for them doing so, so I assume this was unjustified.

They have to give you toilet access and sanitary towels if you need them.

They only have to get you a solicitor if the police AR going to question you. If they have locked you up for your own safety for example they don't have to do so. However, they seem to have locked you up for a long time.

Continue your complaint and if necessary go the the ombudsman. Until you have the policy's side of things it's too early to advise whether a criminal offence has been committed.