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If not arrested and receive a court summons

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Re: If not arrested and receive a court summons

Postby BakersDozen » Thu Dec 14, 2017 11:31 pm

To say nothing is dishonourable

Telling them to mind their own business is akin to R&C but they intimidated him with arrest to get their information and check his bag -

Would they still have intimidated if he used R&C and proceeded to check his bag?

I got talking to a policeman down the pub (again) and asked him if he heard of R&C and he said never and looked it up on his fone, I then asked what he would do if someone used it on him and he shrugged his shoulders.
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Re: If not arrested and receive a court summons

Postby BakersDozen » Thu Dec 14, 2017 11:58 pm

Smouldering Stoat wrote:Oh dear. I repeat what I said above about taking legal advice.


I repeat take legal advice for what exactly,

my episode happened over a decade a go, i bet their paperwork never even got archived
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Re: If not arrested and receive a court summons

Postby atticus » Fri Dec 15, 2017 8:49 am

why do you say that to say nothing is dishonourable, when your favourite case says that in those circumstances it is lawful?
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Re: If not arrested and receive a court summons

Postby Maz JP » Fri Dec 15, 2017 9:48 am

dls wrote:If the summons appears to the court to have been served, when the case comes before te court, a warrant will usually be issued first backed for bail.

If the defendant appears not to be attending on purpose, he will soon find himself arrested and held for court, where he can no doubt cause endless amusement by spouting Rice v Connelly.

I've never heard that one used, but you are right, it could enliven a dull remand court.
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Re: If not arrested and receive a court summons

Postby BakersDozen » Fri Dec 15, 2017 6:09 pm

atticus wrote: your favourite case


is there anything else about myself you need to tell me about :?:

:lol: :lol: :lol: :lol:
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Re: If not arrested and receive a court summons

Postby atticus » Fri Dec 15, 2017 6:11 pm

Plenty. Just be patient. But why have you not answered the question in the post from which you extracted those three words?
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Re: If not arrested and receive a court summons

Postby BakersDozen » Fri Dec 15, 2017 6:33 pm

you are missing the point,

the person has a choice either

a) stand there and say nothing leading the Police to think they have someone with a disability, this may not look good later when disproved
b) say R&C and enjoy watching the Police looking it up on their phone and considering their next course of action

my view is if you have committed a crime and are apprehended by police then confess straight away and do the time for the crime or accept the punishment or

if you have been a good person you can assist the police with their enquiry to eliminate yourself or if you have found them to be ill mannered in their conduct go tell them to R&C.
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Re: If not arrested and receive a court summons

Postby atticus » Fri Dec 15, 2017 9:20 pm

As you wish.
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Re: If not arrested and receive a court summons

Postby dls » Tue Dec 19, 2017 8:53 am

Why quote a case you know to have no significance in this context. There are hundreds of thousands of equally irrelevant cases you might quote.
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Re: If not arrested and receive a court summons

Postby shootist » Tue Dec 19, 2017 11:15 am

Back to basics I suppose.

BakersDozen wrote:Say if someone had used Rice & Conolly QB414 1966 on a speeding fine and had not been arrested.


OK, I've said it. Now what? You might as well use Rice & Bean curd, it will be as relevant as Rice & Connolly.

BakersDozen wrote:What are the implications of not attending court if a court summons is received, as you had not been arrested?


The general consensus thus far seems to be that a warrant will be issued for your arrest. However, and I acknowledge I may be out of date on this, you will usually be sent another summons along with an explanation that if you fail to attend again the case will be heard in your absence. Unsurprisingly, if the case is heard in your absence you will most often be convicted, although I have seen two such cases lost by the prosecution.

BakersDozen wrote:Basically what is an arrest?


An arrest is the act of depriving people of their liberty, usually in relation to an investigation or prevention of a crime. This information is freely, and easily, available on the internet. There is much case law on the subject, from Christie v Leachinsky (basic training stuff)

https://www.leeds.ac.uk/law/hamlyn/christie.htm

Through to my personal favourite...

https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/Judgments/lord-hanningfield-v-essex-police150213.pdf
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