breach of peace.

[JohnD]

you think that a person who is handcuffed and dragged away by police has not been arrested.

 

[motorbiking]

That can absolutely be the case. Its called False Imprisonment.

 

[JohnD]

What's Wrongful Arrest then?

 

[Lower]

they requested that he leave his dying daughter's bedside.

You'd have done it, would you?

It was worse than that for him. They requested that he leave his daughter's beside so that they could turn off the machines that were keeping her alive. He didn't want them to do that.

Horribly sad situation all round.

 

[Notch7]

It was worse than that for him. They requested that he leave his daughter's beside so that they could turn off the machines that were keeping her alive. He didn't want them to do that.

Horribly sad situation all round.

I agree, it's not about taking a side, it's a horrible sad situation.

I imagine the father gave the hospital a hard time because he is an NHS consultant and clearly knows NHS procedure and protocols, hospitals don't like patients that question them.

 

[Notch7]

he was clearly a nuisance previously, quite likely used threatening or aggressive behaviour towards staff which was why they called police

Give the guy a break, his daughter was dying.....it's hardly surprising he made a nuisance of himself.

I doubt he was aggressive or threatening, the guy is an NHS consultant.....it's more likely he couldn't bear to leave his daughter, probably was feeling guilt as a clinician he couldn't help her.

 

[Deleted2797112]

hospitals don't like patients that question them.

Or perhaps they don't like people who assault staff.

 

[Lower]

Give the guy a break, his daughter was dying.....it's hardly surprising he made a nuisance of himself.

I doubt he was aggressive or threatening, the guy is an NHS consultant.....it's more likely he couldn't bear to leave his daughter, probably was feeling guilt as a clinician he couldn't help her.

the reports i read said that the relationship between the parents and the hospital staff had broken down. I suspect that as a consultant, he was used to telling other doctors what to do and them doing as he told them to do. Once the boot is on the other foot its inevitably going to cause friction as the judgement you make as a father of a very sick child is different to the judgement you make as a hospital consultant.

But as i previously said, its a horrible situation all round with two very different perspectives on the situation.

 

[motorbiking]

What's Wrongful Arrest then?

Its a sub category.

False imprisonment is a common law tort (legal wrong). You don't need to be arrested for a claim to exist. Wrongful arrest is where there were no grounds to arrest, but the arrest was made. Contrary to https://www.legislation.gov.uk/ukpga/1984/60/section/24

An example would be a person is known to have robbed a shop, the police arrest you but have no reasonable suspicion that it was you, unless they de-arrest you very quickly, you have a claim for wrongful arrest. Some police officers will unlawfully detain someone, while they gather information for example. A person who is not arrested is free to walk away, if they then prevent you from doing so, you have a tort of false imprisonment. In this example there is a further claim of assault.

If you arrest someone you must comply with https://www.legislation.gov.uk/ukpga/1984/60/section/28

 

[SirGalahad]

how people can change their tune in here. a fortnight ago you were all outside clapping and banging pans. now there’s a black family who can’t let their daughter die peacefully , and it’s the nhs’ fault.
if it was a white family you wouldn’t give the story the time of day.
been a victim of nhs negligence or police ‘brutality’ recently - call this number now.

again we see people from different cultures thinking they are above law and order.

https://www.bbc.co.uk/news/uk-england-merseyside-43867132

Alfie Evans: Protesters try to storm Alder Hey hospital

The RWR on here were upset at the treatment of Alfie Evans by the courts and NHS...

Benny you really are talking some mind bending stuff.

 

[ellal]

I fail to see the relevance of the colour/culture of the family...

Some obviously do, but I bet colour/culture wouldn't be an issue should they require medical treatment themselves!

 

[JohnD]

Or perhaps they don't like people who assault staff.

You've obviously seen some new evidence. What evidence have you seen?

 

[motorbiking]

They had a right to throw him out using reasonable force.

 

[ellal]

They had a right to throw him out using reasonable force.

Not sure what 'right' it was...

But if it was your daughter I guess you'd shuffle off and simply say 'it's a fair cop guv'?

 

[ellal]

My question was "What arrestable offence do you think he committed?"

Well funnily enough..

"He was not charged and no action has been taken against him."

Which brings me back to...

'Breach of the peace' is a fall back for plod when they haven't got a clue...

Which is most of the time!

But it allows them to do what they want, and then later on there is usually the 'no further action needed' response!

Sadly that's how 'authority'/the police works...

But even sadder is that there are people who don't understand that it could also happen to them!