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Hither Green 'burglar' stabbing: Man, 78, arrested

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AlterEgo

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Does there actually have to be a formal arrest though? Maybe the police could just say, "please come with us while we look inside the house for evidence". Having an arrest on your record means you can't visit the USA without applying for a visa. So being arrested has consequences.

LOL, this forum. “Please come with us, person suspected of murder. We are nice so we won’t arrest you”.
 
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DarloRich

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For us - they visited us at 7:30pm, smashed our outer front door off its hinges with sledgehammers, smashed the inner front door glass with a sledgehammer giving me a blow to the arm in the process as I was holding the door shut, luckily I had the common sense to ask them what they wanted and unsurprisingly it was my Audi RS4 Avant key. My wife and two young sons were traumatised (as was I, our daughter was out at the time), but during the trial the scum they said the car was insured so they didn't care.

A lot worse than my experience in confronting a burglar! Mine ran away after I shouted at him from the stairs. It turned out we knew them vaguely when the trial came. They had become a drug addict and were stealing to feed that habit.

Finding someone in your house uninvited does have a long term effect on you even without the added violence and "menaces" you clearly suffered.

That's the problem, they have no consideration to the emotional side of what they do. If it happened to them, they would be the first to complain as it would appear bungling Henry's family have done so

I think they have the right to be sad and angry a member of their family has been killed and to grieve for them. The manner and nature of death doesn't negate that. However, I do agree that criminals very rarely consider the impact on their victims.
 

radamfi

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LOL, this forum. “Please come with us, person suspected of murder. We are nice so we won’t arrest you”.

There could be a way of making an arrest secure, but not formal, to avoid problems with the arrest being recorded. If a conviction occurs, then make the arrest formal retrospectively.
 

yorkie

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And if the story is as it seems and the man is rightly cleared, he should not have to pay a penny towards it.
Agreed.

The article I linked to earlier goes on to state:
The community has rallied around the pensioner, launching a fundraising page to pay for any legal fees he may incur and vowing to protest if he is charged.
It seems anyone who doesn't agree with your view is an apologist for criminals...
I find your posts on such matters to be very frustrating, and make me feel angry, so I am not going to read the rest of it. I know what you're going to say from previous threads on the matter of violent criminals and I know I can't change your mind. So I will leave it there.
 

Antman

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There could be a way of making an arrest secure, but not formal, to avoid problems with the arrest being recorded. If a conviction occurs, then make the arrest formal retrospectively.

I would have thought an arrest should remain a private matter given that the person arrested may well be completely innocent?

The family of the deceased really have spouted some tripe although I suppose they have to be given some airtime in the interests of fairness?
 

DarloRich

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I find your posts on such matters to be very frustrating, and make me feel angry, so I am not going to read the rest of it. I know what you're going to say from previous threads on the matter of violent criminals and I know I can't change your mind. So I will leave it there.

that's fine as i know what you are going to say - However, with respect, you don't ever try to change anyone's mind. You just expect people to sagely nod and agree with you. The justice system in this country operates within the framework and funding the government give it. I agree that needs to change for the better.

I readily agree that the justice system in this country isnt perfect by any means. I know how I would change it. Perhaps you could explain how you would.
 

Tooktook

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With regards to this case I recognise the need for the investigation and the arrest as a means of securing evidence.

What I do hope however is that the investigation isn’t too lengthy (should it prove to be self defence). The legal process does seem to move so slowly at times.

The police are often put in a difficult positions. And any criticism levelled at them for the arrest/ investigation is unfair.

There was that recent incident in Colnbrook where the burglar was shot dead by the occupants of a caravan. The only come back on that occasion and was the burglary victim held a firearm without a licence. They were not culpable for the murder.

I’m going to sound really callous but I have zero sympathy for burglars. They show little or no regard to their victims. Whilst the suspect didn’t deserve to die, there is an inherent risk entering someone’s property without consent.

In a previous life I have dealt with burglars stealing from the terminally ill and elderly. These people are lowest of the low.
 

EM2

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So being arrested has consequences.
But someone can also be de-arrested:
http://www.keepcalmtalklaw.co.uk/de-arresting-how-does-it-work/
This is rather a long piece, but a brief summary follows.
If it becomes apparent at some point before the suspect is processed by the custody officer that the arrested person will have no case to answer, owing to, perhaps, mistaken identity coming to light or it becoming apparent that no crime was committed or that the arrested person could not have been involved, the arrested person will be released before they are technically detained for questioning. It is this timing that makes the difference between being ‘de-arrested’ and ‘released without charge’. S. 30 PACE sets out that de-arresting a suspect involves allowing ‘a person who has been arrested under any act of law at a place other than a police station …[to] be released before reaching a police station if a constable is satisfied that there are no grounds for keeping him under arrest’.

However, being de-arrested does not rule out the possibility of re-arrest, albeit on different charges. This was widely publicised in 2006, when George Michael was arrested on suspicion of being unfit to drive when he was found dazed at the wheel of his car on a busy traffic junction. Moments after being de-arrested, the singer was re-arrested on suspicion of possession of class C drugs after Cannabis was found in his car.
 

AlterEgo

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There could be a way of making an arrest secure, but not formal, to avoid problems with the arrest being recorded. If a conviction occurs, then make the arrest formal retrospectively.

There's a very good reason why arrests are recorded in the Police National Computer regardless of whether the suspect is charged or even convicted.
 

AlterEgo

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Would you be allowed to visit the USA using a Visa Waiver if you have been "de-arrested"?

No, because you would still have to answer "yes" to the question "have you ever been arrested"? Someone who is de-arrested is not processed into custody, but it would still be incorrect (and very unwise) to tell the US authorities that you have never been arrested.
 

Bromley boy

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Henry was a horrible person. If he had had his way I have no doubt he would have continued to burgle people for decades. I am glad that this can no longer happen. But I am angry that many other career burglars and fraudsters will be allowed to continue to terrorise people in their own homes.

What a disgrace of a family. They should be ashamed of themselves.

Absolutely. His cousin and brother are clearly idiots, and are probably horrible people themselves. I’d hazard a guess which bit of Orpington they come from as well.

If a relative of mine behaved in this way and paid the ultimate price I’d be upset they were dead, of course, but I wouldn’t blame a 78 year old pensioner for defending his home and his wife.
 

radamfi

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No, because you would still have to answer "yes" to the question "have you ever been arrested"? Someone who is de-arrested is not processed into custody, but it would still be incorrect (and very unwise) to tell the US authorities that you have never been arrested.

So you can be barred from the Visa Waiver program simply because of mistaken identity. I don't see how that can be right.
 

AlterEgo

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So you can be barred from the Visa Waiver program simply because of mistaken identity. I don't see how that can be right.

You don't have an absolute right to use it. The (fairly unreasonable, imo) conditions are set by the Government of the United States. Are you proposing that:

1) The United States' Visa Waiver Program is much too restrictive and intrusive, or:
2) People arrested on suspicion of very serious offences should always have their records struck from the PNC so you don't have to get a visa to enter a foreign country?
 

radamfi

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You don't have an absolute right to use it. The (fairly unreasonable, imo) conditions are set by the Government of the United States. Are you proposing that:

1) The United States' Visa Waiver Program is much too restrictive and intrusive, or:
2) People arrested on suspicion of very serious offences should always have their records struck from the PNC so you don't have to get a visa to enter a foreign country?

Certainly the Visa Waiver Program seems ridiculously unreasonable. Is the US the only country which imposes such a restriction?

Are there any other possible negative consequences of being arrested?
 

AlterEgo

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Certainly the Visa Waiver Program seems ridiculously unreasonable. Is the US the only country which imposes such a restriction?

Are there any other possible negative consequences of being arrested?

An arrest will show up on an enhanced DBS check which may in certain circumstances be disclosed if relevant.
 

Senex

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Brilliant result. But can we be happy that what looks rather like an over-hasty arrest brings, apparently, consequences like that arrest shewing up on enhanced DBS checks and possibly raising difficulties for a USA visa application, and maybe others?
 

AlterEgo

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Brilliant result. But can we be happy that what looks rather like an over-hasty arrest brings, apparently, consequences like that arrest shewing up on enhanced DBS checks and possibly raising difficulties for a USA visa application, and maybe others?

Yes.

Are you proposing that people who have been arrested for serious offences should have no record whatsoever of their arrest even if not convicted?

How would vulnerable person safeguarding work then?
 

greyman42

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Yes.

Are you proposing that people who have been arrested for serious offences should have no record whatsoever of their arrest even if not convicted?

How would vulnerable person safeguarding work then?
If they are not convicted, why would you need to keep a record of their arrest?
 

AlterEgo

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If they are not convicted, why would you need to keep a record of their arrest?

Can you think of any good reasons why the police might want to keep a record of who they’ve arrested?
 

GB

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Yes.

Are you proposing that people who have been arrested for serious offences should have no record whatsoever of their arrest even if not convicted?

How would vulnerable person safeguarding work then?

How you go about the specifics I don't know. But you should not be worse off after then you were before.

Edit: I should say that it is possible to make an application to have your pnc records deleted if you have been arrested but not convicted. However it is up to the Chief Police officer to decide.
 
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AlterEgo

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How you go about the specifics I don't know. But you should not be worse off after then you were before.

Edit: I should say that it is possible to make an application to have your pnc records deleted if you have been arrested but not convicted. However it is up to the Chief Police officer to decide.

PNC deletions are pretty exceptional. I expect the householder in this case would have a good shout at it but we do not know whether he qualifies.
 

Antman

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Brilliant result. But can we be happy that what looks rather like an over-hasty arrest brings, apparently, consequences like that arrest shewing up on enhanced DBS checks and possibly raising difficulties for a USA visa application, and maybe others?

I think you're looking at this from the wrong angle, the police had no choice but to arrest the gentleman, things aren't always what they seem, remember the Tracie Andrews 'road rage' murder years ago?

But the fact that he was arrested should absolutely not be held against him in the future.
 

bnm

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I find your posts on such matters to be very frustrating, and make me feel angry, so I am not going to read the rest of it. I know what you're going to say from previous threads on the matter of violent criminals and I know I can't change your mind. So I will leave it there.

Your posts about our 'disgraceful legal system' are also hidebound.

DarloRich actually said a lot that I disagree with in the post you refused to read in its entirety. More closely aligned to your 'throw away the keys' attitude than you suspect. But then you're responding based on assumption having refused to read the entire post.
 

greyman42

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Can you think of any good reasons why the police might want to keep a record of who they’ve arrested?
I understand why records would be kept by Police but why should they show up on checks made by anyone else?
 

Senex

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I think you're looking at this from the wrong angle, the police had no choice but to arrest the gentleman, things aren't always what they seem, remember the Tracie Andrews 'road rage' murder years ago?

But the fact that he was arrested should absolutely not be held against him in the future.
They needed to interview him and obtain a statement from him, but did they need to arrest him "on suspicion of attempted murder"? It sounds as if some politically-correct PC had made up his mind that a crime had been committed (apart from burglary) and was assuming guilt (hence "on suspicion", which means "I think it quite likely that ..."). That's certainly not innocent until proven guilty.
 

Antman

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They needed to interview him and obtain a statement from him, but did they need to arrest him "on suspicion of attempted murder"? It sounds as if some politically-correct PC had made up his mind that a crime had been committed (apart from burglary) and was assuming guilt (hence "on suspicion", which means "I think it quite likely that ..."). That's certainly not innocent until proven guilty.

It is innocent until proven guilty, I think you're reading too much into the legal terminology.
 
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