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PostPosted: Wed May 30, 2007 6:58 pm 
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Joined: Thu Nov 04, 2004 5:53 pm
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Before making off became an arrestable offence.
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R v DRAMEH (1983)

Crown Ct (Manchester)

CRIMINAL LAW

POLICE - DETAINING CITIZEN UNLAWFULLY : ASSAULTING POLICE OFFICERS IN THE EXECUTION OF THEIR DUTIES - NATURE OF DUTIES BEING PERFORMED

Non-arrestable offence-unlawful : Arrest for non-arrestable offence ]


Defendant was charged with assault & making off without payment. He had left a taxi which had taken him home saying he was going inside to get money to pay the fare. He failed to reappear. On police calling at his house after half an hour,he came to the door half dressed & by his resistance to arrest the assault charges arose. HELD: S.3 Theft Act 1978 is not an arrestable offence because max.penalty is 2 years & not 5 years' imprisonment. S(4) only allows an arrest where suspect is committing or attempting to commit an offence. Defendant was entitled to resist arrest & must be acquitted. No evidence was offered on the making off charge.
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PostPosted: Sun Jun 10, 2007 10:37 pm 
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Joined: Mon Apr 16, 2007 5:47 pm
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Location: The Gutter!
Thankfully its a Criminal Offence now! "Pay up or spend the weekend int he cells" really does work 8)


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