Has anyone actually phoned SYP to make a complaint?

Or indeed to see if an incident has been created for investigation? I understand that the criminal law does not look favourably on Hume's side, but that shouldn't stop the recording of such incident.

 

Data protection means they couldn't tell you. And you couldn't make a complaint on Hume's behalf, well not without his permission.

 

But my complaint would be me as a witness to an act of violence? Wouldn't that then be up to SYP to decide whether its accidental/deliberate and whether its covered by criminal law?

Now, i'm pretty sure the majority of SYP's finest will be aware of the incident and will know the answer to that already.

 

But if there is no complaint from the victim then effectively there is no crime - according to Home Office crime recording.

 

Let me try and clear this up once and for all.

as a barnsley fan firstly i am saddened and angered as much as anybody else about what has happened to Iain Hume.

as a police officer, it is very difficlt to deal with an assault that has not been reported by the complainant in the matter. for example in order to proceed then we would need a statement of complaint and that HAS to come from the injured party. so really there is little point fans calling SYPto make the complaint,that should be done by Hume himeslef,or the club who are acting on his behalf.

Also just to clear up any other items of law that people may have suggested or be thiniking about. In my opinion it would be very difficult to prove an offence under the public order act against morgan. the reason i post this is i heard a cople of people talking about it in a shop yesterday, saying they were thinking of reporting morgan to the police for public order offences against them due to the harrassment, alarm and distress caused to them(Section 5 POA 1986). Most of the harrassment alarm and distress will have been caused whilst theywere waching the replay on the tv and hearing about hume's injury, so it don't fit.

 

And a section 5 would result in an £80 fine at best.

 

yes section 5 would result in £80 presuming Morgan as you would expect has a clean record.

 

Section 5, behave!

 

i am behaving nofolk red, i for one minute don't think that was section 5!!! nt

 

I don't understand why he can't be charged without a complaint from the victim. Had that been on the street and it had been witnessed by so many people, including the police, the assailant would have been arrested and charged. A criminal offence has been committed (so we are are saying in this thread) regardless of a complaint from the victim. Surely the police should make the charge and interview Hume as the victim. No need to wait for a complaint. Not that simplistic on this occasion but the principle is the same.

 

Apologies, I was referring to it being suggested as a possible offence! £80 ticket at the custody desk, made me chuckle!!

 

Home Office Crime Counting says "no victim = no crime".

 

yes point you make is valid, however the reluctance of the CPS to run charges andcases to court with no complaint is limited, i have only known of 1 and that is a domestic where the wife was given aright beating and had multiple multiple injuries but would not comply with the police investigation, she did however provide a statement.

 

no worries, yes it does make ya laugh

 

I was gonna suggest DV as the alternative, different threshold to pass.

 

The thing is though

I'm no legal expert so feel free to correct me, but can the police not START an investigation and interview morgan without the need for Hume to press charges? Just because they feel that it has little chance of getting to court doesn't mean that it should be ignored does it? Surely if the police believe a crime has been commited then they should be TRYING to find evidence to take it to court rather than saying there isnt enough straight away.

 

You'd have thought so wouldn't you but doesn't work like that. Cr*p I know.

 

Here's an interesting (or not) point

If there is a fatal car accident and there is even the slightest hint at the scene that one driver was at fault then they can and often are arrested, questioned and then more often than not dearrested when the police conclude they have little evidence.

Am i right in thinking that that happens?

In which case shouldn't the same procedure be followed when there is evidence of assault, regardless of how likely a conviction is at the start of the trial?

 

RE: The thing is though- super tyke please read

i agree 100% with your sentiments, however as Norfolk Red saysit doesn't work like that.

look at the evidec=nce at the moment.

the cctv footage - that is all at the moment.

so in an interview you could show that to Morgan and then ask him to account for what he has done.

after that if there is no complaint of assault you are missing 2 vital bits of evidence. 1 the complaint 2 the medical evidence, the fact we know hume has a fracturedskull is not enough it has to be proven from medical records by a doctor and hume has to gve his consent to the police accessing these.

in the current climate and the waymoney is fr police forces i would be suprsed if an investigation was started without a complaintjust owing to the amount ofmoney it would cost. thats my opinion anyway, my employer however may have other views or ideas

 

RE: Here's an interesting (or not) point

completely different offence and different circs with road traffic and can't be applied to this