Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

If not arrested and receive a court summons

All matters involving criminal law

Re: If not arrested and receive a court summons

Postby dls » Thu Dec 14, 2017 10:00 pm

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.

Before you go, get hold of the episode of Big Bang Theory where Sheldon answers a traffic summons.

Note before you get any further that the obligation to answer such enquiries is statutory, and therefore common law does not apply.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12515
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: If not arrested and receive a court summons

Postby BakersDozen » Thu Dec 14, 2017 10:03 pm

Smouldering Stoat wrote:Take. Legal. Advice.


but i have no court summons :arrow: :roll:
BakersDozen
 
Posts: 135
Joined: Mon Dec 04, 2017 4:10 pm

Re: If not arrested and receive a court summons

Postby Smouldering Stoat » Thu Dec 14, 2017 10:04 pm

Of course you don't.
Smouldering Stoat
 
Posts: 6537
Joined: Thu Nov 01, 2012 6:31 pm
Location: Near the Creek.

Re: If not arrested and receive a court summons

Postby dls » Thu Dec 14, 2017 10:06 pm

You would of course have to tell them that when brought up from the cells.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12515
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: If not arrested and receive a court summons

Postby BakersDozen » Thu Dec 14, 2017 10:09 pm

dls wrote: where he can no doubt cause endless amusement by spouting Rice v Connelly.


i am one day waiting to use that to the police should the reason ever arise, which i doubt

officer, where are you going
BakersDozen - R&C

officer, what is your name
BakersDozen - R&C am i free to go

officer, I'm going to check your pockets
BakersDozen - R&C

scenario a the officer finds nothing and lets me go and i see a solicitor to get compensation for searching me? thoughts here

scenario b the officer arrests me and down at the station he asks the same questions

officer, what is your name
BakersDozen, its BakersDozen

officer, where were you going
BakersDozen - returning home

i then see a solicitor to get compensation for being arrested - thoughts here
BakersDozen
 
Posts: 135
Joined: Mon Dec 04, 2017 4:10 pm

Re: If not arrested and receive a court summons

Postby atticus » Thu Dec 14, 2017 10:33 pm

Do it (of course you won't). But if you do, please report back.
User avatar
atticus
 
Posts: 20652
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: If not arrested and receive a court summons

Postby atticus » Thu Dec 14, 2017 10:42 pm

User avatar
atticus
 
Posts: 20652
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: If not arrested and receive a court summons

Postby BakersDozen » Thu Dec 14, 2017 10:42 pm

atticus wrote:Do it (of course you won't). But if you do, please report back.


of course,

my friend did miss out on an opportunity to do this

he walks a mile from his home to the gym, which closes at 10pm

he was walking home at about 10.15pm and past the town hall across the car park in front

a voice shouts out 'stop police' so he stopped,

whats your name
where you going
whats in the bag

at his age he was most annoyed at this line of questioning and obviously he told them to mind their own business and to go and arrest some real criminals, they then got abusive and were about to get physical so he let them look in the bag to their regret as it was just sweaty gym gear, no apology they just said ok just checking,

upon my enquiring why he was told to stop, he was wearing the hood up on his coat as he'd had a shower at the gym his hair was wet and it was cold,

this is where i'd shared R&C with him, and he said he'd wished he'd used it

the outcome would have been interesting and would the police have said just checking on the record?
BakersDozen
 
Posts: 135
Joined: Mon Dec 04, 2017 4:10 pm

Re: If not arrested and receive a court summons

Postby Smouldering Stoat » Thu Dec 14, 2017 10:46 pm

Oh dear. I repeat what I said above about taking legal advice.
Smouldering Stoat
 
Posts: 6537
Joined: Thu Nov 01, 2012 6:31 pm
Location: Near the Creek.

Re: If not arrested and receive a court summons

Postby atticus » Thu Dec 14, 2017 10:48 pm

The decision in Rice v Connolly is that if not arrested you are not obliged to answer questions. So, in those circumstances, if you feel so inclined, say nothing. Parrot "Rice v Connolly" ad nauseam and you will come across as a barrack room lawyer and a bit of a prat.
User avatar
atticus
 
Posts: 20652
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

PreviousNext

Return to Crime

Who is online

Users browsing this forum: No registered users and 1 guest