Published on 12, July, 2020
Firstly: As the (annoying) commentry indicates we don't know all the facts here.
Secondly: It's a "zero hedge" article featuring PJW, so will be utter anathema to some people.
Thirdly: It's morbidly interesting, and somewhat thought provoking.
https://www.zerohedge.com/political/arrested-saying-lesbian
That video was a very uncomfortable watch.
The girl was cowering under the stairs, screaming in distress. The mother clearly told officers that her daughter is autistic and one of them responds with "I don't care". The mother clearly told officers that her daughter doesn't like being touched, as part of being autistic. The police still physically dragged her out and arrested her.
Was there not one officer there with some autism awareness training, who could have stepped in and stopped what was happening? There seemed to be a lot of police present. Shocking
What arrestable offence had she committed? If the "public order offence" was the old standby of s.5 Public Order Act 1968. then
" (1)A person is guilty of an offence if he—
(a)uses threatening [F1or abusive] words or behaviour, or disorderly behaviour, or
(b)displays any writing, sign or other visible representation which is threatening [F1or abusive],
within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
(2)An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the other person is also inside that or another dwelling. "
If the alleged remarks took place in the home, as seems to be implied, I think the parent should get legal advice as to whether the arrest was unlawful, if so, whether there is a case for wrongful arrest, or assault. Police constables are personally liable for how they exercise their authority.
If the officer said " I don't care " that could lead to all sorts of questions. Assuming it was on the body camera and the image does not get accidentally "lost". As Peter says, there are similarities with ZH v Commissioner of Police for the Metropolis. Presumably that is part of the training for police officers.
I wonder whether the police will show as much enthusiasm in seeking out and charging the adults who supplied the alcohol?
If the alleged "homophobic remark" took place in a public place she should have been cautioned and charged or arrested, at which point she is vulnerable and PACE kicks in ... she needs to have an appropriate adult.
If she was arrested at her home she had an appropriate adult present, her mother. She should have been told what she was being arrested for and cautioned. A news report said that she was detained for 20 hours and was not given access to an appropriate adult. If that is the case, we really do have a problem. It is not a matter of the police acting "maturely" it is also about following the Police and Criminal Act Codes of Practice.
Ian said:If the alleged remarks took place in the home, as seems to be implied
Reading other articles for sources of background showed that she was initially stopped by police for being drunk in public and they were trying to do the decent thing and return her home to a safe environment.
It is not clear at what point the comment was made and when the police officer escalated to trying to arrest her.
Ian said:I wonder whether the police will show as much enthusiasm in seeking out and charging the adults who supplied the alcohol?
I recall being able to buy alcohol from a range of places when I was 15 so I'm sure it could be any number of avenues such as fake IDs, friends nicking it from home, or shops not bothering to check IDs just to make some money.
In spite of the noise surrounding this incident now I rather suspect it wall all go quiet soon enough and the girl will have to live with the emotional trauma from having found herself in a stupid situation (ie being drunk in public and trying to be social with police when questioned).
Both sides have failed here but the police are the ones who should have behaved much more maturely since they had the benefit of age, experience and a duty of care to the public.