Why cant Morgan be reported on summons

Discussion in 'Bulletin Board ARCHIVE' started by Gyp, Nov 12, 2008.

  1. Gyp

    Gyp New Member

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    for an offence of Affray.

    Certainly seems to fit the bill and it dont need a complaint from Hume.
     
  2. Red

    Red&whitetyke New Member

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    The public order act states the below on affray

    In English Law, Affray forms part of the Public Order Act 1986 under section 3.

    The Public Order Act 1986 s.3 states:




    A person is guilty of Affray if a person uses or threatens unlawful violence towards another and the person's conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.

    Where two or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purpose of subsection

    For the purposes of this section a threat can not be made by the use of words alone.

    No person of reasonable firmness need actually be, or be likely to be, present at the scene.

    Affray may be committed in private as well as in public places.


    can you say thatyou feared for your personal safety by what morgan did or as oint 4makes that if you were not ther then his actins cuase you to fear for your own personal safety. due to that it doesn't really fit.
     
  3. Nor

    NorfolkRed Well-Known Member

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    Need two people threatening or using unlawful violence for an Affray.
     
  4. Red

    Red&whitetyke New Member

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    not neccesarily norfolk, i havearrested a male for threatening his family in his home with a knife for affray he was actingalone.
     
  5. pon

    pontyender Well-Known Member

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    Him and Beattie then!
     
  6. Gyp

    Gyp New Member

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    No. One will do. But I agree assault more appropriate.

    Hopefully Hume will complain and all this will be a moot point :)
     
  7. Nor

    NorfolkRed Well-Known Member

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    Don't think he will want criminal proceedings against a fellow pro but civil case maybe.
     
  8. Red

    Red&whitetyke New Member

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    RE: No. One will do. But I agree assault more appropriate.

    yes thas down to hume.

    1 thing i will say is he needs to take the time to get his self rigtfirst. we have cctv and his medical injuries will be documented on his medical records so inessence the police are losing nthing in terms of the investigation.
     

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