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Police protocol on theft for the in the knows?


sako751sg
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Early doors this morning about 0400 was woken by Mac shouting from downstairs to come down.

Serious kind of shouts so straight up and looking down there was Mac holding a lad of 20ish by his jacket at the front door saying he had seen him in my van and leg it with a pair of workboots so he had chased him and took him back.Turns out Mac had heard the van door,looked out his window and took it from there.

The fella was plainly bevvied up and presuming he had randomly tried the door,which,hands up,must have been unlocked as no sign of forced entry although how we left it unlocked im not sure but will blame the missus.

A lot of moneys worth of tools in there so lucky he only took boots but not knowing if he was a regular scrote we phoned the old bill who turned up within a couple of minutes being chucking out time.

3 turned up and 1 was left to take a statement,but after taking ours names,address and DOB he was asking what happened when one of the others shouted something to which the statement book was closed and he explained they would take him home and give him a Police warning or something very similar.

Not overly fussed as they said he wasnt known but just wondering why no statement was taken as it all seemed very sudden.

 

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You need to write in by email or letter with the details and ask for an explanation. You should have been made aware at the time, but you can still get a written explanation that should clarify the situation.

 

The way that the criminal justice system is run means that often anyone with no previous convictions or minor convictions from a few years previously and who admits the offence would get a verbal or written caution for an offence such as this. The police are bound by these rules. But, anyone drunk would not be able to be processed until sober so there are issues there that don't stack up. Write in and ask for the reasons.

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You need to write in by email or letter with the details and ask for an explanation. You should have been made aware at the time, but you can still get a written explanation that should clarify the situation.

 

The way that the criminal justice system is run means that often anyone with no previous convictions or minor convictions from a few years previously and who admits the offence would get a verbal or written caution for an offence such as this. The police are bound by these rules. But, anyone drunk would not be able to be processed until sober so there are issues there that don't stack up. Write in and ask for the reasons.

 

They did say words to the effect that it would be a waste of time taking him in in that state as they couldnt do anything with him.

Just find it pretty astounding that our locals would do you for ******* in the street but this is let go.

 

Edit,thanks for that.

Edited by sako751sg
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They did say words to the effect that it would be a waste of time taking him in in that state as they couldnt do anything with him.

Just find it pretty astounding that our locals would do you for ******* in the street but this is let go.

 

Edit,thanks for that.

 

IF your mate is willing to make a statement and that statement contained what you have implied than the police have an obligation to investigate and prosecute if possible. Without that statement the case might be compromised, but he should still have been arrested and interviewed in my opinion. The NCRS rules would support that unless they have drastically changed in the last five years. You need to write in. At least then you will have something in writing that explains the decision or the bobbies involved will have some explaining to do themselves.

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IF your mate is willing to make a statement and that statement contained what you have implied than the police have an obligation to investigate and prosecute if possible. Without that statement the case might be compromised, but he should still have been arrested and interviewed in my opinion. The NCRS rules would support that unless they have drastically changed in the last five years. You need to write in. At least then you will have something in writing that explains the decision or the bobbies involved will have some explaining to do themselves.

 

Again thanks.

As i said i wasnt that worried when they said he wasnt known to them but still thought it was a wee bit more serious and that statements would have been taken,and thinking of it not long ago the suddeness of departure and lack of explanation is grating .

Was half expecting some kind of word today but absolutely nothing.

Might ping an email through and get clarification as you say.

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If the guy was drunk then they could not legally process him at that time. They can't legally question him under caution as the law deems him not to be able to fully understand the questions. So on that basis alone they cannot make a decision without taking him to the station and letting him sober up. Sounds a bit fishy to me. I'm all for a bit of tolerance, but stealing from a vehicle isn't something I'd overlook even if the door had been left unlocked.

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If the guy was drunk then they could not legally process him at that time. They can't legally question him under caution as the law deems him not to be able to fully understand the questions. So on that basis alone they cannot make a decision without taking him to the station and letting him sober up. Sounds a bit fishy to me. I'm all for a bit of tolerance, but stealing from a vehicle isn't something I'd overlook even if the door had been left unlocked.

 

 

Rules have changed.....!!!

 

Guidelines on out of court disposal will curl your toes....!

 

Conditional caution for everything...

 

As for getting an arrest through custody.... the force is a shade of its former self

 

Thanks both.

Seems Happypig has explained the reason.

 

Unbelievable imo that this is the way things are going.

 

As said,it just grated that when they ran the check it was a sudden departure and was getting paranoid that he was "relatively" known to someone but its obviously not.

Didnt say too much at the time after Mac dragging him back down the street.

Edited by sako751sg
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No. Happy Pig has given a possible explanation. It could be that the bobbies involved made the decision on their own initiative for reasons not connected with anything found in PACE. It happens, and you need to satisfy yourself that the decision was lawful.

 

True...has been known, especially if he's the local grass.

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No. Happy Pig has given a possible explanation. It could be that the bobbies involved made the decision on their own initiative for reasons not connected with anything found in PACE. It happens, and you need to satisfy yourself that the decision was lawful.

I've got a feeling the op is based in Scotland so I do not believe PACE would be applicable, it would fall under criminal procedure scotland act although i believe theft is dealt with under the same legislation both sides of the border. Edited by 12gauge82
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I went out the other night to one of the neighbours screaming. A chap who had clearly been terribly over-served was going along trying doors.

 

She had phoned the police, my other half had phoned about the screaming, I found him a street along barely able to stand.

 

The police reckoned he was beyond drunk and the best thing was to put him in his bed (on the other side of town) and have a word with him in the morning, in the mean time to look for any damage he had done overnight and they would push for criminal damage and costs to be reimbursed.

 

 

 

I'm not entirely sure how I feel about the case. I certainly have tried to get into the wrong house on a number of occasions after a run of long shifts when stone cold sober and could easily see it happening after several light ales. I've done it both on streets where I've not lived for months and just a few doors away from home. This chap allegedly was looking for a place he used to live, an excuse I'd not readily accept had I not found myself in similar straits (but nobody phoned the police and when the door would not open I worked out where I had gone wrong after some pushing pulling and frustration).

 

 

Obviously in this case the ****** making off with your boots is much clearer.

Edited by Wb123
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I've got a feeling the op is based in Scotland so I do not believe PACE would be applicable, it would fall under criminal procedure scotland act although i believe theft is dealt with under the same legislation both sides of the border.

 

I'd missed that bit about the location. But as you say, the legislation should be similar and when this new streamlined (i.e. cheaper) system of non court disposals was brought out, you still required statements, and the suspect was protected by regulations that would have prevented a disposal before he had sobered up.

 

It used to take longer to complete a streamlined disposal than putting in a file to court in some cases. Especially involving juveniles.

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Can't believe some of the stories.

 

So I can go out and have a couple, do a few cars on the way home from the pub, maybe get lucky and find something of value. Get stopped by plod and if I'm lucky they take me home, maybe if I ask them even stop off for a kebab on the way.

 

Absolutely disgraceful what on gods little green earth is happening to this place.

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I know a bloke that had his van broke into and he got the lad running off with his drills, he didn't call the police, he delt with it himself..I'm not saying that's the correct way but you can see why some people do it...

 

 

Yes and i think we will see more of this.

 

We will if the Police are actively avoiding bringing the scrotes to justice.

 

If this is coming from the top it is most worrying.

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Can't believe some of the stories.

 

So I can go out and have a couple, do a few cars on the way home from the pub, maybe get lucky and find something of value. Get stopped by plod and if I'm lucky they take me home, maybe if I ask them even stop off for a kebab on the way.Not necessarily happening

 

Absolutely disgraceful what on gods little green earth is happening to this place.

You already know mate!

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Got to the job this morning and Macs boots were missing,so obviously he had taken both pairs and legged it.

Later on a text from the missus asking if we are missing a boot,which she found on the way to the school and beside where Mac collared the lad so either he dropped it or threw it away,but the other one is missing.

 

Went to the cop shop on the way home but no answer,so phoned 101 which was Glasgow,who then put me through to Aberdeen who then told me the WPC who dealt with it is off till Thursday so explained the situation and would like to know the reason why someone can steal from a vehicle,caught red handed and then be driven home and told not to do it again.

Explained that circumstance have now changed in that we are missing items and would like something done

 

Wont get an answer till Thursday but i find this unbelievable that plod can write it off because the lad was ******.How many vans does he check the doors of in a night as its not my first thought when ive had a few too many?

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