Give the man a medal, don't arrest him...

**NotAllThere** · 4 April 2018, 13:11

It may well turn out that way, but if someone dies as a result of your actions, in most cases plod must arrest you on suspicion.

**vwdan** · 4 April 2018, 13:15

The arrest will be in order to preserve evidence and allow a thorough investigation. It's right that we investigate and build an independent picture of serious crime, before making any snap judgments on what happened.

If it's as-reported (I.e., burglar bit off more than he could chew) then I have no doubt he'll be released with no further action. Or, maybe, this bloke has just stabbed his drug dealer in a row and has decided that "Burglary gone wrong" sounds like a cracking story!

**quackhandle** · 4 April 2018, 13:28

Self defence with "reasonable force" then he's fine.

If the victim was at the bottom of the stairs with 50 stab wounds then there may be a case to answer.

No doubt the deceased family will be posting on Facebook, "he wasn't a bad lad really"

qh

**OwlHoot** · 4 April 2018, 13:41

Originally posted by vwdan View Post

The arrest will be in order to preserve evidence and allow a thorough investigation. It's right that we investigate and build an independent picture of serious crime, before making any snap judgments on what happened.

If it's as-reported (I.e., burglar bit off more than he could chew) then I have no doubt he'll be released with no further action. Or, maybe, this bloke has just stabbed his drug dealer in a row and has decided that "Burglary gone wrong" sounds like a cracking story!

That's all very well, but what if this guy wants to travel to the US for example, in the future but then has to put on the visa application that he was once "arrested for murder" ?!

In a situation like this there should be some option to attend a police station for questioning, which is compulsory but will leave his criminal record completely unsullied by the incident if no charges are brought.

**malvolio** · 4 April 2018, 14:04

Originally posted by OwlHoot View Post

That's all very well, but what if this guy wants to travel to the US for example, in the future but then has to put on the visa application that he was once "arrested for murder" ?!

In a situation like this there should be some option to attend a police station for questioning, which is compulsory but will leave his criminal record completely unsullied by the incident if no charges are brought.

PACE means you have to be interviewed under caution, so in effect you have to be arrested.
There are pros and cons, but if you aren't charged and/or don't get a caution then the arrest itself is - or should be - of little consequence.

**saptastic** · 4 April 2018, 14:13

Originally posted by malvolio View Post

PACE means you have to be interviewed under caution, so in effect you have to be arrested.
There are pros and cons, but if you aren't charged and/or don't get a caution then the arrest itself is - or should be - of little consequence.

Don't know the details as stated above - but the accused is 78 and has two burglars in his house in the middle of the night. Fair play for tackling the intruders half your age if this is the case.

**woohoo** · 4 April 2018, 14:53

Originally posted by quackhandle View Post

Self defence with "reasonable force" then he's fine.
qh

I wish that was the case, but you roll the dice.

**quackhandle** · 4 April 2018, 15:21

Originally posted by woohoo View Post

I wish that was the case, but you roll the dice.

Hence the quotes, what one judge sees as reasonable may differ from another.

qh

**vwdan** · 4 April 2018, 15:28

Doesn't need to be reasonable force - just not grossly disproportionate.

Give the man a medal, don't arrest him...