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Unlawful arrest?

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Unlawful arrest?

Postby shootist » Mon Oct 16, 2017 2:54 pm

This case bothers me.

http://www.dailymail.co.uk/news/article-4982286/Woman-arrested-manslaughter-man-80-dies.html

As usual, it is the necessity to arrest, or rather the lack of it, that is causing the bother. She was arrested and, by the sounds of it, released fairly quickly. The investigating committee of the General Chiropractic Council met on September 28 to decide whether or not to issue an interim suspension order against Dr Scholten. It decided to allow her to continue to practise.

She doesn't seem the type to lock herself in her office screaming "You'll never take me alive, coppers." It seems that there was no complaint of possible manslaughter made to the police and it appears that this was the police acing on their own, what they laughingly call, initiative. One of the many problems that people in such circumstances face is that they are suddenly confronted with a situation that, assuming they are innocent, they will find utterly shocking, which will put the thought of complaining and taking action for false arrest as the very least of their worries, so once again the police get away with it.
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Re: Unlawful arrest?

Postby atticus » Tue Oct 17, 2017 1:13 pm

The report said there was no complaint made by the family. My guess is that the hospital or coroner's office may have asked the police to investigate.

A healthy man sees a snake oil seller. He suffers a spinal injury with paralysis ensuing followed by death. What is there not to be investigated?
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Re: Unlawful arrest?

Postby shootist » Tue Oct 17, 2017 2:23 pm

Was he healthy? Had he the benefit of a full medical examination and MRI scan that day? People can be suffering a potentially fatal condition and yet manage to look quite well, at least until they die. I believe there exists a condition 'Sudden Adult Death Syndrome'. Would you risk publishing a statement saying that an identified chiropractor is a 'snake oil seller' for no other reason than they are a chiropractor? I doubt it.

I have absolutely no objections to this being investigated by the police, indeed such an investigation would seem almost obligatory. The problem I see is that the police, in spite of numerous cases against them for unnecessary arrests, persist in that practice. I have to concede that it might just be possible that it was necessary to arrest her and then bail her shortly thereafter, allowing her to continue in her work, which was supported by her organisation's governing body, I really can't imagine that an arrest was necessary. A permanent business in the UK, a permanent residence in the UK (no idea of she is a British citizen). Her identity is known. Once a full post mortem is completed she can, if necessary, be invited to an interview and give her side of the story, and then a decision can be made. For the record, crime can be investigated and charges brought without the police ever making an arrest.

Doctors have patents dying on them on a regular basis but few are arrested for manslaughter and then bailed shortly afterwards.
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Re: Unlawful arrest?

Postby atticus » Tue Oct 17, 2017 3:13 pm

On the question of chiropractors suing for libel.

As to the man's health, all you and I have to go on is that article which says he "was an active and healthy grandfather".
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Re: Unlawful arrest?

Postby dls » Tue Oct 17, 2017 3:33 pm

As to the man's health, all you and I have to go on is that article which says he "was an active and healthy grandfather".


But sufficiently unable to find a cure for his unexplained back problem to visit a chiropractor.
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Re: Unlawful arrest?

Postby shootist » Tue Oct 17, 2017 3:35 pm

atticus wrote:On the question of chiropractors suing for libel.

As to the man's health, all you and I have to go on is that article which says he "was an active and healthy grandfather".


Neither of which is relevant to the high probability that the police arrested the woman unnecessarily as a matter of convenient and/or habit.

As far as chiropractors are concerned, I tried a couple a few years back. In each case they basically rubbed my back for a while then sat me up and twisted me around to make a loud click and sent me away quite a few £s lighter and no better. By contrast, while in the RAF I was referred to a remedial gymnast who did much the same but somehow fixed an almost crippling back injury. This is also irrelevant to the police abusing their powers of arrest.

I mean no great criticism, but whenever I raise the issue of unlawful arrest and the police I am always surprised at the apathy it seems to attract on a legal forum.
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Re: Unlawful arrest?

Postby dls » Tue Oct 17, 2017 3:45 pm

You are right that the arrest looks more than a little 'old school', but we never know the full circumstances.
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Re: Unlawful arrest?

Postby atticus » Tue Oct 17, 2017 3:58 pm

shooter, we no longer have any criminal law practitioners here. Finny (RIP) would have picked up on the arrest question.
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