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Old 12-06-10, 08:46 PM   #1
Seggons
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Default Can a off duty policeman prosecute?

So 20 minutes into the England game I decided to head out on the bike. Roads were lovely and empty it was great. Got onto a certain bit of road and made 'progress'. There's 2 forward facing speed cameras that I always make sure I'm under the speed limit for.

In between the first and second speed camera I was in lane 2 and passed a people carrier then moved from lane 2 to lane 1 and then made sure I was under the speed limit. Anyway I pulled into the fuel station at the end of the road for fuel when a car come up behind and sounds his horn.

I thought at first I'd taken the pump that this person wanted and actually got scared when this angry man was right next to me. Next thing I see is a white card with his picture, a police symbol and some writing which I can only assume is his details. But no sooner had I seen it he took it away.

At this point I took my helmet and gloves off so we could talk better, these are some of the things he said.

"What do you think that driving was?"
"I've got kids in my car."
"I've got enough evidence in the car to take you licence away."

When he said that I looked back I could see the Citroen people carrier, kids, balloons and that was about it. No camera, lights or anything.

"What do you do for a living?"
"Do you want me to call the police?"

I said no, not really.

"I could go back to that speed camera and get the evidence I need."

I never set it off and was way under the speed limit, so unless that constantly record I cannot see how.

Basicly he give me the riot act and I could see he was anti bike. I just bowed my head, took it all in and did my sadist of faces so hopefully he got the satisfaction he was after. Anyway he popped into the fuel counter and asked for them to contact the police. The comical thing was the guy said "an officer needing assistance".

First was a van, then a car, then 10 minutes later another car on blues. The off duty cop then give his side of events to the policeman which consisted of.

"He come past me at well over a ton, he chopped the front of my car off and could've had his knee down he was that far over. He must've set the speed camera off."

At no point did they ask for my side, I felt like giving it to them regardless but this officer was so irate I knew I'd only get myself into more bother.

So after taking all my details down and giving me a stop and search form they all went off to discuss. I just stood there pretty much looking at the ground. When the police officer returned it got interesting.

The police officer: "Since that officer is not from our area it's down to him what he does but he has 2 options. He will iver process you or you'll get a section 59 (I think that was the number but I'm not 100% sure). What this is if you or the bike ever get stopped in the next year riding anti-socially the bike or whatever it is your using will get taken from you. You can now carry on"

This is where I got 100% confused. One minute this off duty cop threatens to take my licence away and arrest me. Next I'm free to go. So I stood there as these cops got in there van I went. I assumed the off duty one was parking his car up to speak to me more. He doesn't return so I slowly got my bike gear on and left with him no where in sight.

Now to the questions.

How much weight does 1 off duty cop in his own car carry?
When he says I'll be processed, what does that mean exactly?
This section whatever, will I get something through the post to tell me I have it?
Is it all just scare tactics?
On the ticket it says I was riding dangerously, can the word of a off duty cop do me for dangerous driving?
Is this a waiting game to see what the post lady brings?
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Old 12-06-10, 08:51 PM   #2
davepreston
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Default Re: Can a off duty policeman prosecute?

1 copper his word ,burden of proof , i think you be fine
plod are always on duty
id say trying to scare ya
put it down to experiance
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Old 12-06-10, 08:52 PM   #3
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Default Re: Can a off duty policeman prosecute?

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Originally Posted by Seggons View Post
Is it all just scare tactics?
Quite possibly, Now I am no expert on this so I would wait for the resident police officers to come along and advise.
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Old 12-06-10, 08:55 PM   #4
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Default Re: Can a off duty policeman prosecute?

Either you were riding like a complete tool or the copper is well out of order. Assuming the later I wouldn't lose any sleep over it. Technically an off duty copper can gather evidence just as if he was on duty, so yes if he wanted to he could put together a file and submit it to the CPS for their consideration, but the chances of them running it without another witness are pretty slim. Personally if he had sounded off at me like that I'd have said "Yeah, whatever" and just got on my bike and ridden away. He wouldn't have been able to detain or stop you and that would have been that.
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Old 12-06-10, 09:00 PM   #5
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Default Re: Can a off duty policeman prosecute?

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Personally if he had sounded off at me like that I'd have said "Yeah, whatever" and just got on my bike and ridden away. He wouldn't have been able to detain or stop you and that would have been that.
Well I must admit in a similar situation the thought of doing just as you say would have crossed my mind. Once he started ranting at me, I probably wouldnt have even bothered to take my lid or gloves off and just ridden away.
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Old 12-06-10, 09:10 PM   #6
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Default Re: Can a off duty policeman prosecute?

It did cross my mind to point out he had no evidence against me but he was so full of anger I don't think he would of listened to me. So if this section whatever comes through the post to say that my bike could be impounded if I get caught again can I contest it?
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Old 12-06-10, 09:11 PM   #7
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Default Re: Can a off duty policeman prosecute?

You passed him while he was attending to the kids in the back, when he finally returned his attention to what's outside the windscreen he was shocked to see that other vehicles exist, and got spooked.

Unfortunately for you he happens to be a copper, and economical with the truth.

Taking you entirely at your word for a moment, is the scenario above a possibility, or could you have done - even inadvertantly - something that would cause him to be angry? If not then the possibility that he's a complete and utter liar must be entertained. But we must wonder and question why.

I have before seen circumstances that seem quite innocuous to one party and significantly different to another - ordinarily neither party has a position to abuse disgustingly though.
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Old 12-06-10, 09:14 PM   #8
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Default Re: Can a off duty policeman prosecute?

Anyone can note down a number and report someone for driving dangerously and I think this is put on some sort of database.If there is any further incident or something involving said vehicle it can be used as some sort of circumstantial "evidence".I assume if a copper reports you it will carry a bit more weight.
If you were not riding like nob here I would be tempted to report the other driver for road rage and overeacting by calling out the local plod as an officer needing assistance.That way he gets put on the database too.Tit for tat.
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Old 12-06-10, 09:15 PM   #9
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Default Re: Can a off duty policeman prosecute?

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Originally Posted by Sid Squid View Post
Taking you entirely at your word for a moment, is the scenario above a possibility, or could you have done - even inadvertantly - something that would cause him to be angry?
I went past him quickly, I then moved from lane 2 to lane 1. From what I saw in my mirror I was a good 2 to 3 car lengths in front before I changed lanes. From what he saw I took his bonnet off.

Last edited by Seggons; 12-06-10 at 09:18 PM.
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Old 12-06-10, 09:18 PM   #10
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Default Re: Can a off duty policeman prosecute?

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Originally Posted by Biker Biggles View Post
I would be tempted to report the other driver for road rage and overeacting by calling out the local plod as an officer needing assistance.That way he gets put on the database too.Tit for tat.
There was only me and the off duty cop involved. After speaking to me first off he went into the shop and got a person who works there to call them.
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