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Charged with Assault on 2 Police officers. Any comments
i am charged with assault on 2 police officers - where am i best going to crown or Magistrates - can this offence be taken to crown court? - I resisted when officers handcuffing me, They did not notify me of any offence and placed the cuffs on me by stealth - i was resisting them handcuffing my arms behind my back and trying to force me to ground as they could not achieve this they then stated that they were going to spray me with gas - I am asthmatic hence panicked and broke free from the officers, resulting in the offiers believing I had assaulted them. They are stating that I head butted one - I did not do anything of the sort - due to breaking free one fell to the ground - Once free i informed them that i an asthmatic and not to spray me. I was then restrained by up to 1o officers and taken to the police station - the officers have no visible injuries - i had numerous due to being punched, kneed, stood on and scratched - the injuries are multiply all over my body. The handcuffs were applied so tight that they cut through my skin drawing blood and causing very heavy bruising. I seen the custody doctor and he has a report of my injuries.
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okay, you (necassarily) give a one sided view of what happened. What i am struggling to understand is if you realised they were police officers, why you carried on resisting arrest - breaking free and running away are not the actions of an innocent person. they werent actually gassing you, just telling you if you didnt stop struggling they would have to - yet you continued to struggle. Why were they arresting you anyway? Is there an original charge to answwer or is it just the resisting arrest? Are you telling us everything? I cant see how you can be sure there was no headbuting if things were as chaotic as you describe
ive no idea what you want to tell me - i didnt run away at all it was in a resturant - the reason the police came in the resturant was because i refused to leave after complaining about poor service - the manager stated i disrespected the waitress - and ask edme to leave - i stated my wife and i would finish our drink then leave - he said he would get the police to remove me i said - well go and get them - they happened to be outside already due to being in city centre - they came in and approached me - i told them to calm down and id go outside as it was a scene in the resturant - I also told them im a tax payer and to respect me - my attempt to diffuse the atmosphere - i had the impression that they were there to remove me. They stated that i had been abusive to staff - i did not have opprotunity to explain and alas the cuffs were slammed on my right hand while i was still holding my drink. there you go - ive also been charged with abusive, insulting behaviour to the staff. was i abusive to staff - I did tell the waitress the service was a joke after she moved us twice, from a table then to the bar area and i did suggst to the manager to "go back to spain" after he told me to go from his resturant, and told him his resturant and the service was a joke. not sure if he took offence to this? - i think i had foundation in my comments. Nowadays you haver to watch what you say or the racist card is played -before im bombarded with e mails i am not a racist - have been to spain numerous times. Then again if the same happened in an english or chinese resturant id make the same complaint. Eg Cockney - go back to london.
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If you've been charged with 'assault on a constable in the execution of his duty', it's a 'summary only' offence, which can only be heard in the magistrates' court. The maximum penalty is 6 months imprisonment and/or a �5000 fine.
If you've been charged with 'assault with intent to resist arrest', it's an 'either way' offence. It can be heard in the magistrates' court, where the maximum penalty is 6 months imprisonment and/or a �5000 fine. However, the magistrates can decline jurisdiction and send the case to the Crown Court if they believe that (if you're convicted) their sentencing powers would be insufficient. You can also elect to have the case referred to the Crown court if you wish it to be heard before a jury. The maximum penalty in a Crown court is 2 years imprisonment and/or an unlimited fine.
Chris
If you've been charged with 'assault with intent to resist arrest', it's an 'either way' offence. It can be heard in the magistrates' court, where the maximum penalty is 6 months imprisonment and/or a �5000 fine. However, the magistrates can decline jurisdiction and send the case to the Crown Court if they believe that (if you're convicted) their sentencing powers would be insufficient. You can also elect to have the case referred to the Crown court if you wish it to be heard before a jury. The maximum penalty in a Crown court is 2 years imprisonment and/or an unlimited fine.
Chris
Mistake 1... Saying you would finish your drink AND THEN leave. It is their restaurant, they will decide when you leave, if they were in your premises the same would apply.
Mistake 2... Telling the police you are a taxpayer, I am sure the police officer is fully aware that you pay taxes, they also pay them.
Mistake 3...'go back to spain'... what? You idiot!
If it was me... racially aggravated section 5 POA arrest and a night in the cells.
Mistake 2... Telling the police you are a taxpayer, I am sure the police officer is fully aware that you pay taxes, they also pay them.
Mistake 3...'go back to spain'... what? You idiot!
If it was me... racially aggravated section 5 POA arrest and a night in the cells.
Right gents - appeared in magistrates - CPS turned up one officer down wanted to postpone trail again for third time - magistrates adjourned - refused to adjourn again -trial proceeded - Officer missing was on holiday (Unbelievable) - the 3 resturant staff then wanted special conditions -CPS hadnt applied - Magistartes adjourn again -refused special conditions - resturant staff then refuse to give evidence - all section 5s withdrwn - some conviction in what they were accusing me of eh - Thier statements were full of contridictions & lies -
Office gives evidence - numerous discrepencies - my solicitor who was fantastic ripped him to shreds in the dock - called him a liar twice -priceless- The office was clearly lying and stated that the custordy officer must had put the wrong details down at the station on arrest. We had all on CCTV.
we SUBMIT NO CASE TO ANSWER - mAGISTRATES ADJOURN - RESUME STATE THERE IS CASE TO ANSWER - BREAK FOR LUNCH - Solicitor explains that the officer is totally discredited - there is nothing more to prove - the onus is on prosecution -We resume we state that myself and wife are not going to give evidence. No inference to assume due to my taped and full comprehensive 2 interviews.
Magistrates adjourn - Not guilty. Full costs awarded.
Office gives evidence - numerous discrepencies - my solicitor who was fantastic ripped him to shreds in the dock - called him a liar twice -priceless- The office was clearly lying and stated that the custordy officer must had put the wrong details down at the station on arrest. We had all on CCTV.
we SUBMIT NO CASE TO ANSWER - mAGISTRATES ADJOURN - RESUME STATE THERE IS CASE TO ANSWER - BREAK FOR LUNCH - Solicitor explains that the officer is totally discredited - there is nothing more to prove - the onus is on prosecution -We resume we state that myself and wife are not going to give evidence. No inference to assume due to my taped and full comprehensive 2 interviews.
Magistrates adjourn - Not guilty. Full costs awarded.
Moral of the tale - All parties in the wrong here - Me for complaining to in too strong a terms, resturant staff for treating customers with total disrespect - The police why lie just state the truth and dont assult people.
I raised a formal complaint against officers & they are being investigated by the professional standards department - INo local resoloution.
The officers used me as a punch bag - at no time did i defend myself - at one stage I thought I have too - I would have been in trouble then. Even if I had done wrong police officers have no right just because they wear a uniforn assulting people - see the footage of the G20 - poor guy - what right did the officer have to do that to him pushing him from behind striking him with baton- a coward.
He will probably get off with it just like the numerous other injustices regarding police officers over the years.
They need to be held accountable.Anyway - never give up no matter what yo uare accused of - as long as you havnt done it off course.if you are a police officer - please explain why you lie and beat people - there is too much at stake for individuals I could have went to prison for 6 months here. How do they sleep at night?
I raised a formal complaint against officers & they are being investigated by the professional standards department - INo local resoloution.
The officers used me as a punch bag - at no time did i defend myself - at one stage I thought I have too - I would have been in trouble then. Even if I had done wrong police officers have no right just because they wear a uniforn assulting people - see the footage of the G20 - poor guy - what right did the officer have to do that to him pushing him from behind striking him with baton- a coward.
He will probably get off with it just like the numerous other injustices regarding police officers over the years.
They need to be held accountable.Anyway - never give up no matter what yo uare accused of - as long as you havnt done it off course.if you are a police officer - please explain why you lie and beat people - there is too much at stake for individuals I could have went to prison for 6 months here. How do they sleep at night?
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