I underestand that the police needs to have an injunction if…

Question

Answer 1

Answered in 15 hours by:

10/6/2008

Solicitor: Samuel Hunton, Immigration and Criminal Defence replied 14 years ago

Samuel Hunton, Immigration and Criminal Defence

Category: UK Law

Satisfied Customers: 379

Experience: Studied Law, Ex-Metropolitan Police Officer

Verified

An injunction or warrant is not needed to arrest any person in the UK, regardless of mental condition, if they suspect a crime has been commited.

In this case, making threats to kill is a very serious indictable offence, with many offenders serving up to a ten year custodial sentence. The fact that you were not reported for over 30 days is irrelevant, and a criminal offence can be investigated and you can be charged for one, at any time without any limits.

The police should have told you the nature of the complaint and all relevant details already, but if they have not, you can call and ask and see where that gets you, if they do not tell you, it means they are not required to, and a subject access will not reveal any further facts, other than what you already know.

I hope that helps.

Kind Regards,
John Sandford

Answer 2

Solicitor: Samuel Hunton, Immigration and Criminal Defence replied 14 years ago

According to what I already know as a former metropolitan police officer, I would advise you that my answer is entirely correct.

If all you are willing to believe is your own misguided knowledge, you should not hire a professional to tell you the actual law.

Kind Regards,
John Sandford

Answer 3

Solicitor: Samuel Hunton, Immigration and Criminal Defence replied 14 years ago

Right, as I said before, I am unsure what edition you are reading, but as a warranted police officer you can arrest any person suspected of committing a crime, with or WITHOUT a warrant or injunction.

For your second question, it would depend on the threat. If it was a death threat, there is no perception involved, if you make a death threat that is an offence there and then. If it is a threat of violence, it is the victims perception that matters, if it is criminal damage, it is the offenders perception that counts. As you can see there is no standard definition for a threat, and it depends entirely on the underlying offence.

The fact that she did not believe you, but did really think you meant it, maybe that you just were not capable of carrying it out at the time, that is acceptable. Also as explained above, her perception may not even matter.

Lastly, if a police officer really needs to arrest someone that is suspected of insanity, then they will section them under s136 Mental Health Act, and then take them to a hospital for inspection, when they are released they will then be formally arrested, however this is not always needed, a straight arrest is also acceptable.

Kind Regards,
John Sandford

Answer 4

Solicitor: Samuel Hunton, Immigration and Criminal Defence replied 14 years ago

Thank you for your question, if you wish to continue talking, please click accept.

Kind Regards,
John Sandford

I underestand that the police needs to have an injunction if…

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