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Beatriz Fontana
28th May 2008, 22:16
Just a thought for the lawyers among us...

A journo tried to arrest US Ambo to the UN, John Bolton, at the Hay festival earlier. The journo was stopped by security guards.

Section 24A of the Serious Organised Crime and Police Act 2005 permits any citizen to "arrest without a warrant ... anyone whom he has reasonable grounds for suspecting to be guilty" of an offence.

So, are the security guards allowed to intervene? If the journo had "reasonable grounds", is that good enough?

stagger
28th May 2008, 22:30
It's not at simple as that...

The power to make such an arrest is only exercisable if...

The reasons are to prevent the person in question—
(a) causing physical injury to himself or any other person;
(b) suffering physical injury;
(c) causing loss of or damage to property; or
(d) making off before a constable can assume responsibility for him.

AND

it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.

You could argue that Bolton was likely to "make off" (out of the country) but it's hard to argue that it was not "reasonably practicable" for a constable to make the arrest instead since there were probably loads of police around at the event.

VAFFPAX
28th May 2008, 22:55
Peter Tatchell from Stonewall tried the same on Robert Mugabe a few years back (before the Commonwealth slapped all Zimbabwean politicians with a travel ban) for human rights abuses.

He got a right beating from ol' Bobby's security boys.

S.

con-pilot
28th May 2008, 22:57
A journo tried to arrest US Ambo to the UN, John Bolton, at the Hay festival earlier. The journo was stopped by security guards.

Hum, it seems as if someone, idiot journalist, was trying real hard to claim his 15 minutes of fame. If said idiot journalist was so smart how is it he never hear of "Diplomatic Immunity".

God save us from these "ANYTHING FOR A HEADLINE" idiots.

The journo was stopped by security guards.

Stopped him, hell they should have shot him and eliminated his gene pool. :p


"Don't taze me bro!"

Davaar
28th May 2008, 23:03
"Section 24A of the Serious Organised Crime and Police Act 2005", you say? The text of the Act that I call up in Google does not have a section 24A. Are you citing the correct statute?

stagger
28th May 2008, 23:22
It's section 110 of the Serious Organised Crime and Police Act 2005 which amends Section 24 of PACE creating a section 24A there.

Here's the text...

http://www.opsi.gov.uk/acts/acts2005/ukpga_20050015_en_10#pt3-pb1

mini
28th May 2008, 23:29
I thought the tenure of Mr J Bolton as US Ambassador to the UN ended some time ago?

Davaar
29th May 2008, 00:13
1. "A journo tried to arrest US Ambo to the UN, John Bolton, at the Hay festival earlier."

Where is that?

2. "Section 24A of the Serious Organised Crime and Police Act 2005 permits any citizen to "arrest without a warrant ... anyone whom he has reasonable grounds for suspecting to be guilty" of an offence."

Is that section premised on an offence or on an indictable offence?

3. What was Mr Bolton's offence?

4. See other comments made by others above.

stagger
29th May 2008, 00:16
Act says it must be an "indictable" offence.

Davaar
29th May 2008, 00:22
All in all, the statute appears not to be "The Smartass Journalists (Extraordinary Powers of Arrest) Act, 2005".

VAFFPAX
29th May 2008, 00:24
The Hay Festival is an annual event held in Hay on Wye. :-)

It's a book festival.

S.

Davaar
29th May 2008, 00:35
Ah well. We must not be hasty. What legitimate reason might an ambassador possibly have for attending a book festival? Was he caught in flagrante delicto with the chief librarian, animo copulandi? Solus cum sola, as it were, in loco suspecto? We are paddling in deep waters, Watson. A two-pipe problem, I fancy.

Life's a Beech
29th May 2008, 00:39
I take it that was George Monbiot. The offence in question was not to agree with George's rather tedious and demonstrably dishonest political views. One of the offences Monbiot accused him of was literally telling the truth about something Monbiot continues to lie about even when he must know the truth. What a pointless little man.

Davaar

...with the chief librarian, animo copulandi

http://www.co.uk.lspace.org/books/whos-who/images/librarian.jpg

Pratchett fans will get the reference.

(Ironic side note: this is the only image I could find on the net. It is from a book I own a copy of. I bought that book in Hay-on-Wye.)

stagger
29th May 2008, 01:12
The main accusation is a violation of Nuremburg Principle VI...

Crimes against peace:

(i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;

(ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i)

Davaar
29th May 2008, 01:47
This reminds me of Jean Drapeau's campaign for mayor in Montreal, 1960 or 1961. His ticket was reform, clean up corruption and the strip.

Once elected, he imported senior police officers from the Surete in Paris and Scotland Yard in London to come and advise. The English bloke, one Commander Way, was about 6' 2" and had in front a monster tum, forming almost a perfect semi-circle from chest to crotch. It was a majestic production.

I was at a reception given for the Commander at which a law student was gunning for him about Police brutality, etc.,in the best traditions of the liberal mouthy smug intellectual b*st*rd law student, Yap! Yap! Yap!

The great man was giving him the evil eye, what the novelists call a jaundiced look. If the student had had any sensitivity he would have known when enough was enough. I could see that something was developing. I waited and was well rewarded.

Commander Way, with such skill that he must often have practised, whipped his spine straight up to his full height and with the leverage rammed that student with the said tum in one smooth movement that sent student spinning across the room and turned the Commander gracefully towards another of those present. He said not a word, and I am sure I was the only one who saw the whole poetry of the thing.

The law is fine, but practice is often better.

Anyway, I'd say Mr Monbiot was on a loser.

tony draper
29th May 2008, 02:56
Good grief! Jean Drapeau? is it possible we have a branch in France? this is astounding, one shudders to think what possible sin had been done to cause them to flee and seek sanctuary in that place,although rumor has it that it were one of our lot that struck off the noggin of Charles,and those Stuarts where famed for grudge bearing.
:uhoh:

pigboat
29th May 2008, 03:20
Here ya go Tony. Taken at the corner of Draper and Monkland, Montreal. :p

http://i100.photobucket.com/albums/m8/Siddley-Hawker/AvenueDraper.jpg