Legal question UK:

muse · Apr 19, 2014

I’ve actually two questions.

1. There’s been a fire at a private boarding school, 2 children are dead. Would a policeman need a court order before he can get parent’s and/or children’s records from the school?

2. How long can someone be held for common assault? Would they be out in 24 hours? The person in question is also under suspicion of physical abuse against his wife and sexual abuse against his daughter – social service report only just filed.

Any help would be appreciated.

Thanks

Muse

williemeikle · Apr 19, 2014

muse said:
I’ve actually two questions.

1. There’s been a fire at a private boarding school, 2 children are dead. Would a policeman need a court order before he can get parent’s and/or children’s records from the school?

2. How long can someone be held for common assault? Would they be out in 24 hours? The person in question is also under suspicion of physical abuse against his wife and sexual abuse against his daughter – social service report only just filed.

Any help would be appreciated.

Thanks

Muse

Which part of the UK? Scotland has its own legal system and differs.

muse · Apr 19, 2014

williemeikle said:
Which part of the UK? Scotland has its own legal system and differs.

No particular part of the UK, but probably not Scotland.

Steve Collins · Apr 22, 2014

Couple of questions?

1. Why would the police want the childrens and/or parents school records? Usually if they had a reason the school would hand them over. That said, a court can always demand that the records be furnished.

2. Common Assault on its own is a summary offence which only carries a maximum sentence of 6 months so if no other offences were commited the suspect would be reported not arrested. If there was any form of physical injury Assault Occasioning Actual Bodily Harm (ABH) would be a better offence. It is triable either way and carries a maximum sentence of 5 years which makes it an arrestable offfence. If there was no suspicion that he would skip bail he would be charged and could be out in a couple of hours released on his own recognizance to appear before the court at a later date. If there was a suspicion that he may skip or interfere with witnesses (as alluded to in you question with the physical / sexual abuse) he could be charged and held in custody to appear before the court the following morning.

Hope this helps?

muse · Apr 22, 2014

Steve Collins said:
Couple of questions?

1. Why would the police want the childrens and/or parents school records? Usually if they had a reason the school would hand them over. That said, a court can always demand that the records be furnished.

The police are looking for an arsonist and are only fishing at this point, disgruntled parents - past or present - are part of their suspect list. I figured by giving out the parent's details, they would in fact be giving out details of minors and I wasn't sure if that would be a problem.

Yes, *holds hand up* I'm a complete legal dunce.

Steve Collins said:
2. Common Assault on its own is a summary offence which only carries a maximum sentence of 6 months so if no other offences were commited the suspect would be reported not arrested. If there was any form of physical injury Assault Occasioning Actual Bodily Harm (ABH) would be a better offence. It is triable either way and carries a maximum sentence of 5 years which makes it an arrestable offfence. If there was no suspicion that he would skip bail he would be charged and could be out in a couple of hours released on his own recognizance to appear before the court at a later date. If there was a suspicion that he may skip or interfere with witnesses (as alluded to in you question with the physical / sexual abuse) he could be charged and held in custody to appear before the court the following morning.

Hope this helps?

Great info. ABH sounds better for my purposes.

As for being held in custody until the following morning...could a lawyer apply for an injunction to keep the husband away from the family at that point?

Thanks a million for your help, Steve, much appreciated.

Steve Collins · Apr 23, 2014

If the defendant was held in custody overnight and put before the Magistrates in the morning the prosecutor (CPS - Crown Prosecution Service) could ask for any number of restrictions applied to bail. If the Magistrates agreed, not to go within 500 feet of the woman or her child could be one of them. The good thing about restrictions is if they are breached there is a power of arrest attached to them. The defendant would then be arrested for breach of bail and put back before the court.

muse · Apr 23, 2014

Steve Collins said:
If the defendant was held in custody overnight and put before the Magistrates in the morning the prosecutor (CPS - Crown Prosecution Service) could ask for any number of restrictions applied to bail. If the Magistrates agreed, not to go within 500 feet of the woman or her child could be one of them. The good thing about restrictions is if they are breached there is a power of arrest attached to them. The defendant would then be arrested for breach of bail and put back before the court.

That's fantastic, Steve, fits my scenario perfectly.

Thanks for all your help. :Hug2:

Steve Collins · Apr 23, 2014

Any time, that's what it's all about. Live in Florida but ex- London cop ask or PM me any time.
Best,
Steve

muse · Apr 25, 2014

Steve Collins said:
Any time, that's what it's all about. Live in Florida but ex- London cop ask or PM me any time.
Best,
Steve

You might regret saying that.

Legal question UK:

muse

standing on head, typing one-handed...

williemeikle

The force is strong in this one.

muse

standing on head, typing one-handed...

Steve Collins

muse

standing on head, typing one-handed...

Steve Collins

muse

standing on head, typing one-handed...

Steve Collins

muse

standing on head, typing one-handed...