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Did the police catch him in the commission of a crime? If not then, yes, they would need a judge to sign a warrant. Seeing as he was released without charges
by stickyricky 4y ago
Did the police catch him in the commission of a crime? If not then, yes, they would need a judge to sign a warrant. Seeing as he was released without charges it seems the police grossly overstepped their authority.
Edit: Let me caveat because I fired fast and loose with this reply. This is from an American perspective. I am not a UK lawyer so this could very well be perfectly legal. Though I do view it as "bad" and would oppose the introduction of these norms in America.
- daveoc64 4y agoThe Police and Criminal Evidence Act is the relevant legislation. This section covers it: https://www.legislation.gov.uk/ukpga/1984/60/section/24 https://www.legislation.gov.uk/ukpga/1984/60/section/24
- stickyricky 4y ago> A constable may arrest without a warrant to prevent the person in question [from] committing an offence against public decency (subject to subsection (6)) I'm not sure of the specifics as to what "public decency" means in the UK but I believe your implication. I think subsection 6 supports my 'theory' (read: wild accusation)? Seeing as it was posted on the internet and could reasonably be avoided. Even if that's not so, this seems like a tort and should not be handled by the police. Just my opinion.