Criminal Solicitor Dot Net Criminal Solicitor Dot Net

 
] ] ]
]
Welcome Guest ] ]
Name:
Pass:
Auto Login
Add me to Active Users list
Yes  No

Forgot password? | Register
]
] ]

] ] ]
]
Google Site Search ] ]
]
] ]

] ] ]
]
Site Navigation
]
] ]

] ] ]
]
Online Activity ] ]
People Online: 19
Guest(s): 17
Member(s): 0
Robot(s): 2
Googlebot, Inktomi
Memberships: 7877
The Newest Member is lixxey
]
] ]

] ] ]
]
Member(s) Visited ] ]
]
] ]

] ] ]
]
Google Ads ] ]
]
] ]

] ] ]
]
Calendar Events ] ]
Upcoming
Recent
]
] ]

] ] ]
]
Bookshop ] ]
]
] ]

   
Police Stations
 Criminal Solicitor Dot NetPolice Stations
Subject Topic: Harassment warning Post ReplyPost New Topic
Forum Jump 7 Pages 1 2 3 4 5 6 7
] ] ]
]
Author
Message Prev Topic | Next Topic 
nerual29
Talkie


Talkie

Joined: 14 November 2009
National Flag of United Kingdom United Kingdom
Posts: 40
Posted: 11 April 2010 at 16:16 | IP Logged Quote nerual29

Hi, my client was given a harassment warning at the police
station, I advised them not to accept it because they had put
forward a full defence. Police said they could give it anyway. I
know its only a warning but if there was no harassment then
surely a warning is still inappropriate? Thoughts please.
Back to Top Printable version View nerual29's Profile Search for other posts by nerual29
 
loonylawyer
Senior Member
Avatar

Senior Member

Joined: 24 November 2008
National Flag of United Kingdom United Kingdom
Posts: 170
Posted: 11 April 2010 at 16:26 | IP Logged Quote loonylawyer

Harassment Warning is evidential if further issue leads to arrest.  Job done!  I view a Harassment Warning as a penalty without a fair hearing.  I have several clients who have had a full defence and all have received Harassment Warnings.  Human Rights Act - Article 6, Right to a Fair Trial
Back to Top Printable version View loonylawyer's Profile Search for other posts by loonylawyer
 
nerual29
Talkie


Talkie

Joined: 14 November 2009
National Flag of United Kingdom United Kingdom
Posts: 40
Posted: 11 April 2010 at 16:59 | IP Logged Quote nerual29

I agree it seems very unfair that someone should be given a warning for something they have not done.
Back to Top Printable version View nerual29's Profile Search for other posts by nerual29
 
Spotty Dog
Super Member
Avatar

Solicitor-Advocate
Super Member

Joined: 03 December 2006
National Flag of Greece Greece
Posts: 1048
Posted: 11 April 2010 at 18:14 | IP Logged Quote Spotty Dog

Quote: nerual29
Hi, my client was given a harassment warning at the police
station, I advised them not to accept it because they had put
forward a full defence. Police said they could give it anyway. I
know its only a warning but if there was no harassment then
surely a warning is still inappropriate? Thoughts please.

At the police station does that mean they were interviewed, and/or arrested?

If so and they were not charged or reported what does a warning add?

The fact that the client was spoken to about behaviour would almost certainly be admitted either as part of the conduct or as bad character.

If your client is subsequently charged and reference is made to the warning ask for everything related to the warning to be disclosed and bring it into the trial.

If as you say he has a defence to the current allegation that may support his defence should anything further be alleged to happen. Certainly it may temper the court's view of the complainant.



__________________
accipiunt leges, populus quibus legibus ex lex

The new one doesn't have Spots!
Back to Top Printable version View Spotty Dog's Profile Search for other posts by Spotty Dog
 
Ron Barker
Super Member


Super Member

Joined: 20 March 2005
National Flag of United Kingdom United Kingdom
Posts: 7169
Posted: 12 April 2010 at 04:00 | IP Logged Quote Ron Barker

From the police and victims perspective it makes good sense to issue a harassment warning, in that the offence of harassment involves a course of conduct and if there is any repeat allegation and the person is charged the prosecution will have to show that the person knew or ought to have known that their conduct was causing harassment (s2) or fear of violence (s4). It will assist the prosecution case if they can produce evidence such as the issue of a police warning - showing that the person must have known that their conduct was having this effect.



__________________
We are the Pilgrims, master we shall go always a little further, it may be beyond that last blue mountain barred with snow across that angry or that glimmering sea
Back to Top Printable version View Ron Barker's Profile Search for other posts by Ron Barker
 
2088673
Senior Member


Senior Member

Joined: 30 December 2008
National Flag of United Kingdom United Kingdom
Posts: 305
Posted: 12 April 2010 at 14:14 | IP Logged Quote 2088673


In a recent case the defendant had accepted what were, in effect, words of advice, to adopt an avoidant strategy towards a complainant. The advice was not heeded, and it was argued, persuasively, at trial that that advice gave added weight to the case that the defendant ought to have known..that his conduct was unwelcome and potentially abusive.

N25, without further details its difficult to comment further, or know whether the police "warning" was in terms that could be faulted in any way.  But if the client disputes the substance of the complaint s/he would be well advised to put a response, in writing, to the police, just "for the record".
Back to Top Printable version View 2088673's Profile Search for other posts by 2088673
 
nerual29
Talkie


Talkie

Joined: 14 November 2009
National Flag of United Kingdom United Kingdom
Posts: 40
Posted: 12 April 2010 at 14:36 | IP Logged Quote nerual29

Client was arrested & interviewed put forward a full defence
conduct definitely not harassment, case was nfa but client got
a harassment warning.
Back to Top Printable version View nerual29's Profile Search for other posts by nerual29
 
Lebezyatnikov
Super Member


Super Member

Joined: 13 June 2008
National Flag of United Kingdom United Kingdom
Posts: 555
Posted: 13 April 2010 at 17:18 | IP Logged Quote Lebezyatnikov

Quote: 2088673
N25, without further details its difficult to comment further, or know whether the police "warning" was in terms that could be faulted in any way.  But if the client disputes the substance of the complaint s/he would be well advised to put a response, in writing, to the police, just "for the record".


I agree, essential to send in a clear, complete refutation by letter asap or it will be assumed that you accept the conduct was out of order. 
Back to Top Printable version View Lebezyatnikov's Profile Search for other posts by Lebezyatnikov
 
MattD
Senior Member


Senior Member

Joined: 03 April 2007
National Flag of United Kingdom United Kingdom
Posts: 363
Posted: 20 April 2010 at 16:20 | IP Logged Quote MattD

Correct me if im wrong but harrassment warnings are not actually "warnings"  from the point of view of the recognised scheme of cautions, warnings, reprimands etc
 
I view them like this....weve had this allegation against you...just be careful because if there are further allegations you might end up being investigated etc, try to be careful. Thats how i usually explain them to those who i have to give them to.
Back to Top Printable version View MattD's Profile Search for other posts by MattD
 
Ron Barker
Super Member


Super Member

Joined: 20 March 2005
National Flag of United Kingdom United Kingdom
Posts: 7169
Posted: 20 April 2010 at 17:10 | IP Logged Quote Ron Barker

CPS Procedure - Pre-Trial  Protection from Harassment Act 1997

Victims should be advised by the police to diarise events, retain physical evidence such as letters, etc., and to take photographs of any visible evidence. These can then be exhibited, subject to admissibility.  Victims should also be advised to keep copies of any injunctions or restraining orders, and to produce their copy to the police if the order is breached.

If an officer attends an incident, warns an offender of the effect of his actions and keeps a note of this warning, this will be of assistance in showing that the defendant knew or ought to have known the effect his behaviour was having on the victim, should his behaviour continue.

It is possible for behaviour directed at one person to harass another, so long as it can be proved that the defendant knew or ought to have known that his behaviour was causing harassment to that other. A stalker may seek to harass a victim through their friends or family.

Memorandum submitted by the Association of Chief Police Officers Stalking and Harassment Portfolio

13.  Harassment warning notices are not a statutory requirement, but can aid the evidence base in court, should a prosecution be forthcoming. Early "loopholes" were identified after the enactment of the Protection from Harassment Act 1997 when "stalkers" claimed that they did not know that their behaviour (such as sending flowers, cards etc.) amounted to harassment. That their intention was not to cause the victim to be either harassed, alarmed or distressed. To this end, police forces began issuing suspects with a formal notice of warning that the victim alleges that their behaviour does indeed cause harassment, alarm and distress and that, should such activity continue, then a prosecution will ensue.

 

  14.  This issue has caused misconception throughout the police service that a warning notice must first be served, prior to any other such action such as arrest. This is clearly contradictory to the ACPO guidance of 2005 on the subject and there is no statutory requirement for such a warning notice.

 

  15.  There are however clear benefits for warning notices in the "less-serious" cases. The upsurge in mobile telecommunications and internet technologies has enabled victims to be harassed far more readily and indeed anonymously. Police forces are recording far more incidents whereby the victim is harassed via abusive text messages for example and warning notices to suspects, in the first instances, are often enough to cease the course of conduct.

 



__________________
We are the Pilgrims, master we shall go always a little further, it may be beyond that last blue mountain barred with snow across that angry or that glimmering sea
Back to Top Printable version View Ron Barker's Profile Search for other posts by Ron Barker
 
]
] ]
Forum Jump 7 Pages 1 2 3 4 5 6 7

  Post ReplyPost New Topic

] ] ]
]
  ] ]
Printable version Printable version
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot delete your posts in this forum
You cannot edit your posts in this forum
You cannot create polls in this forum
You cannot vote in polls in this forum
]
] ]

] ] ]
]
About | Contact | Privacy Policy | Newsfeeds RSS Newsfeeds | Sitemap Powered by SOOP Portal Raven 1.0
]
] ]