Section 44 arrest: outcome letter
December 11, 2009•247 words
Today I got a letter and report from the Professional Standards Department of Kent Police. The letter confirms that my '...complaints relating to unlawful and unnecessary arrest and detention have been recorded as proven' .
The complaint relating to oppressive conduct or harassment resulting from officers treatment to me whilst under arrest has not been upheld. I am minded to appeal against this. The account of the officer in question is untrue in relation to point 3.4 and 5.9 of the investigation report.
A few choice remarks from the report:
The fact that the man did not give his name or checkable details is obviously frustrating for the police officer. However there are no specific powers available under the terrorism legislation to demand a person gives such information in these circumstances. (p7 para 12)
PC XXXX offers a concern of the males demeanor or attitude but does not expand on this only by repeating the fact that the male refused to give the Officer his details as he stated "He didn't have to". In my opinion, legally, Turner is correct. (p8 para 1)
There are no powers to require someone provide details for the purposes of stop and account/search. (p10 sec 5.3)
So to the letter:
