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Author Topic: ONE FOR DEBATE...............AFFRAY.....  (Read 4542 times)

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MikeDundee

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ONE FOR DEBATE...............AFFRAY.....
« on: 23 November 2009, 19:56:14 »

..Unfortunately I was arrested on Friday evening, outside my own front door, and subsequently spent just over 20 hours in walworth nick, and was released at 20.30 hrs saturday evening.

So now having read through the definitions of affray, I somewhat feel, after having been cautioned (which I declined to accept, but did accept just to get out, otherwise lengthen my stay in the nick)

Under the public order act 1986 (england & wales)
below is what I have been cautioned under:

A person is guilty of affray if he uses or threatens unlawful violence towards another and the person's conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.

Highlighted is probably more applicable to the events, albeit that I did not threaten anyone, or the officers that turned up at my front door, I just declined to allow the officers entry, as there was no reason to allow them entry into my property as I had not committed any offence.

Comments and views are welcome at this stage :y
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sneakypenguin

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Re: ONE FOR DEBATE...............AFFRAY.....
« Reply #1 on: 23 November 2009, 19:59:12 »

what were the events leading upto the rozzers being at your front door?
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albitz

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Re: ONE FOR DEBATE...............AFFRAY.....
« Reply #2 on: 23 November 2009, 19:59:14 »

Christ countess,what have you been up to ????? :o :o :o

H21 may be the best person to ask for a sensible response  :y
« Last Edit: 23 November 2009, 20:00:41 by albitz »
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Plomien

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Re: ONE FOR DEBATE...............AFFRAY.....
« Reply #3 on: 23 November 2009, 20:01:07 »

I thought they have no reason to enter your property without reasonable cause and a warrant but I am sure some of our members in the know would be able to confirm this
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tunnie

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Re: ONE FOR DEBATE...............AFFRAY.....
« Reply #4 on: 23 November 2009, 20:03:19 »

How on earth did you do that  :o
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RobG

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All that is necessary for the triumph of evil is that good men do nothing.

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MikeDundee

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Re: ONE FOR DEBATE...............AFFRAY.....
« Reply #6 on: 23 November 2009, 20:12:40 »

The Police were called by my other good half because I came home late pissed :-X, no violence, just the missus giving me what for, why did you come home told you not too, for me just water off the shoulder, went upstairs got changed, came back down she  is calling the cops, which kind of really pissed me off as there was no reason too :-X 
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MikeDundee

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Re: ONE FOR DEBATE...............AFFRAY.....
« Reply #7 on: 23 November 2009, 20:14:20 »

Quote
I thought they have no reason to enter your property without reasonable cause and a warrant but I am sure some of our members in the know would be able to confirm this

They never entered the property, cause I would'nt let them in, cause there was no reason to let them in :y...cause I done nothing wrong :y
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STMO999

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Re: ONE FOR DEBATE...............AFFRAY.....
« Reply #8 on: 23 November 2009, 20:17:05 »

Quote
The Police were called by my other good half because I came home late pissed :-X, no violence, just the missus giving me what for, why did you come home told you not too, for me just water off the shoulder, went upstairs got changed, came back down she  is calling the cops, which kind of really pissed me off as there was no reason too :-X 


In that case, if your missus wasn't visible from the front door, and saying she was OK, they had every right to enter to check she was OK.
I'm not saying she wasn't alright Mike, but you must know they see women knocked about every day and they wont be sent away by the possible offender.
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tunnie

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Re: ONE FOR DEBATE...............AFFRAY.....
« Reply #9 on: 23 November 2009, 20:17:35 »

Quote
The Police were called by my other good half because I came home late pissed :-X, no violence, just the missus giving me what for, why did you come home told you not too, for me just water off the shoulder, went upstairs got changed, came back down she  is calling the cops, which kind of really pissed me off as there was no reason too :-X 

 :o

Would this not be classed as a domestic, rather an affray?  :-/

Should be just a warning, as long as the Mrs is in a better mood  :)
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MikeDundee

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Re: ONE FOR DEBATE...............AFFRAY.....
« Reply #10 on: 23 November 2009, 20:17:50 »

Quote
Have a read of this Mike http://www.adviceguide.org.uk/index/your_rights/legal_system/police_powers.htm#Powersofentry


Yes read that, unfortunately in my infinite wisdom, I had an ice axe in my hand, whilst telling the officers that I would not let them into the property, but never actually threatened anyone ::)
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TheBoy

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Re: ONE FOR DEBATE...............AFFRAY.....
« Reply #11 on: 23 November 2009, 20:19:43 »

Ah, the age-old in-the-doghouse with the missus then ;D

Did she say she felt threatened, or you out of control?
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MikeDundee

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Re: ONE FOR DEBATE...............AFFRAY.....
« Reply #12 on: 23 November 2009, 20:20:42 »

Quote
Quote
The Police were called by my other good half because I came home late pissed :-X, no violence, just the missus giving me what for, why did you come home told you not too, for me just water off the shoulder, went upstairs got changed, came back down she  is calling the cops, which kind of really pissed me off as there was no reason too :-X 


In that case, if your missus wasn't visible from the front door, and saying she was OK, they had every right to enter to check she was OK.
I'm not saying she wasn't alright Mike, but you must know they see women knocked about every day and they wont be sent away by the possible offender.

Yes right after she went through the kitchen door, which is less than a metre from the front door where I was standing, she then goes out the kitchen window, into the arms of the police :D, there is more wait for it 8-)

« Last Edit: 23 November 2009, 20:23:43 by mickdundee »
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MikeDundee

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Re: ONE FOR DEBATE...............AFFRAY.....
« Reply #13 on: 23 November 2009, 20:25:38 »

Quote
Christ countess,what have you been up to ????? :o :o :o

H21 may be the best person to ask for a sensible response  :y

Maybe maybe not as affray relates to England/Wales law, in scotland they just lock you up and never let you out ;D
« Last Edit: 23 November 2009, 20:26:05 by mickdundee »
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TheBoy

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Re: ONE FOR DEBATE...............AFFRAY.....
« Reply #14 on: 23 November 2009, 20:26:04 »

popcorn ready....
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