Is this just the case for commercial drivers and what’s the reason when no evidence of fault? Does not seem to happen to car drivers!
It’s about preserving evidence while cards and vehicles are checked.
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Boris1971:
Is this just the case for commercial drivers and what’s the reason when no evidence of fault? Does not seem to happen to car drivers!
An officer can only arrest if they have reasonable grounds for believing that it is necessary to arrest for one of a number of specified reasons. As well as this being the officer’s honest belief, the decision must be one which is objectively reasonable.
Being arrested doesn’t infer someone is guilty of a crime. You can be de-arrested or released without charge.
Drivers of all types of vehicles are arrested at scene.
Don’t be involved in a serious.
If I was involved in a serious…I’d pack in.
Arresting someone also affords them certain legal rights that can protect the detainee and allow for fair due process.
In order to arrest, an officer must have ‘reasonable grounds to suspect’ as well as a predifined ‘necessity’ under Code G of PACE. The most common (and mis-used) of necessities is ‘to allow a prompt and effective investigation’
Most custody Sgts will not authorise detention on this necessity alone and would expect the arresting officer to offer at least one other arrest necessity.
It’s not just lorry drivers that are arrested after RTC’s, it’s fairly standard procedure (in order to allow legal rights to any accused). As an HGV driver, you probably only hear about, or subconciously take interest in arrests of lorry drivers and thus a seemingly disproportionate number of HGV drivers being arested.
You are arrested, as soon as the police turn up, if they officer thinks it’s warranted, you are then taken to the station when they are ready to take you, (8hrs, sat in back of traffic car), you are then interviewed, and remind of your rights, asked do you want legal representation, If you are released, you can still be charged after all the investigation have been finished, this can take months of not knowing, your truck is meticulous examined, as are the cards for the year(be digiy now).
That’s enough for now
You could be really really pedantic and as soon as they caution you and put you in the back of the car you can say, “before we proceed I wish to exercise my right to refer to PACE (the police and criminal evidence act)”. At this point they should/must provide you with a copy of PACE, however as it’s highly unlikely they’ll have a copy of PACE in the car they’ll have to get a copy brought to you, which you could sit and read for as long as you like before carting you off to the station.
Though one of the funniest things I’ve heard was when a guy was in crown court, the judge asks the man to stand while passing sentence. The judge says “Mr ****** before I pass sentence do you have anything to say?” To which he replied “I do not recognise this court” at this point you could’ve heard a pin drop with the silent and gasps of shock from the stunned courtroom, at this point the shocked judge said “what do you mean you do not recognise this court”?
“It’s been decorated since I was last here” said the bloke
At this point the whole courtroom was in a fit of giggles, and the judge gave him an extra 6 weeks jail
peirre:
You could be really really pedantic and as soon as they caution you and put you in the back of the car you can say, “before we proceed I wish to exercise my right to refer to PACE (the police and criminal evidence act)”. At this point they should/must provide you with a copy of PACE, however as it’s highly unlikely they’ll have a copy of PACE in the car they’ll have to get a copy brought to you, which you could sit and read for as long as you like before carting you off to the station.
Nope, completely wrong.
After arrest and on being booked into a custody facility you have 3 rights.
- The right to have someone informed of your arrest
- The right to speak to a solicitor
- The right to consult to Codes of Practice (rules about how you should be treated in custody)
Other reasons for a driver being arrested might be they had provided a positive sample of breath (Drink Drive),
Positive Drug wipe (Cocaine or Cannabis) Failing a roadside FIT (Field Impairment Test),
evidence from witnesses that driver has committed an Offence.
Driver has committed a lower end offence (Driving without due care) and is a non UK Resident so can’t be interviewed at a later date/summons for the offence.
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