Can anyone find a precedent for a child age 13 being arrested in the UK on a charge of voyeurism for a peeping-tom type offence (swimming pool changing rooms etc)?
Does anyone feel an arrest of a child in these circumstances is appropriate?
What rights are there of seizure of mobile phone if the child is suspected of making a recording/taking pictures? Can the police enter a property without a warrant in order to do so? Is this also appropriate for a child of 13?
Assume no prior history.
GS
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Child arrested for voyeurism
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Re: Child arrested for voyeurism
What has brought this on GS? Do you have a case? Depends entirely on the circumstances I would have thought.
Dod
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Re: Child arrested for voyeurism
Dod101 wrote:What has brought this on GS? Do you have a case? Depends entirely on the circumstances I would have thought.
Dod
Unfortunately yes, but not my child...
Circumstances, without giving too many details are: typical early teenage peeping, parent of victim makes complaint to police, who turn up late at night same day, demanding that child be identified, brought to the station for interview under caution and child's phone to be handed over as evidence -- failing which the property would be forecable entered, child would be arrested and property searched forthwith.
GS
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Re: Child arrested for voyeurism
It all sounds a bit heavy handed but these days the police cannot win. I am no expert and really cannot contribute much I'm afraid.
Dod
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Re: Child arrested for voyeurism
Yet another unpleasant consequence of the arrival and universal adoption of the Smartphone. Along with the many benefits there are potentially serious problems especially in the hands of those with few inhibitions and poor moral standards. The genie is well and truly out of the box. We never see Police Officers in my area which suffers frequent armed robberies and yob driven vandalism and intimidation. To know that Police Time is being distracted and wasted on this sort of behavior is very disappointing.
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Re: Child arrested for voyeurism
GoSeigen wrote:Can anyone find a precedent for a child age 13 being arrested in the UK on a charge of voyeurism for a peeping-tom type offence (swimming pool changing rooms etc)?
Does anyone feel an arrest of a child in these circumstances is appropriate?
What rights are there of seizure of mobile phone if the child is suspected of making a recording/taking pictures? Can the police enter a property without a warrant in order to do so? Is this also appropriate for a child of 13?
Assume no prior history.
GS
Over 10, so over the age of criminal responsibility https://www.gov.uk/age-of-criminal-responsibility
No idea about seizure of phone.
Slarti
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Re: Child arrested for voyeurism
Slarti wrote:Over 10, so over the age of criminal responsibility https://www.gov.uk/age-of-criminal-responsibility
No idea about seizure of phone.
Slarti and others...
Like others we felt very much that the action was disproportionate, a sledgehammer to crack a nut, but we are resigned to the fact that the police are within their rights to investigate.
Thanks for your thoughts.
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Re: Child arrested for voyeurism
Hi,
I realise it feels heavy handed, but if you were the parent making the complaint to the Police you'd expect them to take it seriously? Whilst Police often try and deal with Children out of Custody, it is completely lawful for a 13 year old to be arrested.
To take someone into Custody you need not only for the Offence to've been suspected, but a necessity for an arrest. You can't just take anyone in suspected of an offence. (Code G of PACE if you care to read up on it)
I'd imagine the necessity in the circumstances was because arrest gives a power to seize property (The phone - I'd be astonished if this wasn't seized as it likely contains evidence of the alleged crime) and opens up the option of further searches without the authority of a Court in certain circumstances - like searching the house with the authority of an Inspector or above.
It may well end in no further action, or a caution. However until the phones etc have been reviewed and the suspect interviewed, how do the Police know it's a 'one off' or 'harmless behaviour'? You understandably haven't given much information about the offence, but the Police have a duty to investigate to ensure there is not a pattern of behaviour here that has potential to escalate into something quite harmful. Without the arrest, they don't have the power to seize property without warrant.
Experience tells me it's very difficult to get a child this age into Custody. It wouldn't have been a decision taken lightly.
Obviously you know this child and I'm sure there's a lot more to it than you've said, but hope that explains a little why Police may've taken action that seems 'heavy handed'
Regards
Tango
I realise it feels heavy handed, but if you were the parent making the complaint to the Police you'd expect them to take it seriously? Whilst Police often try and deal with Children out of Custody, it is completely lawful for a 13 year old to be arrested.
To take someone into Custody you need not only for the Offence to've been suspected, but a necessity for an arrest. You can't just take anyone in suspected of an offence. (Code G of PACE if you care to read up on it)
I'd imagine the necessity in the circumstances was because arrest gives a power to seize property (The phone - I'd be astonished if this wasn't seized as it likely contains evidence of the alleged crime) and opens up the option of further searches without the authority of a Court in certain circumstances - like searching the house with the authority of an Inspector or above.
It may well end in no further action, or a caution. However until the phones etc have been reviewed and the suspect interviewed, how do the Police know it's a 'one off' or 'harmless behaviour'? You understandably haven't given much information about the offence, but the Police have a duty to investigate to ensure there is not a pattern of behaviour here that has potential to escalate into something quite harmful. Without the arrest, they don't have the power to seize property without warrant.
Experience tells me it's very difficult to get a child this age into Custody. It wouldn't have been a decision taken lightly.
Obviously you know this child and I'm sure there's a lot more to it than you've said, but hope that explains a little why Police may've taken action that seems 'heavy handed'
Regards
Tango
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