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Monday, 06 February 2012
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Sunday, 17 June 2007 |
Correct Police Procedure in December 1999
I was a Police Inspector in a General Branch of the West Yorkshire Constabulary.
Therefore my Technical expertise is that of a layman.
However my knowledge and UNDERSTANDING of CRIMINAL LAW and
POLICE PROCEDURE is that of a experienced POLICE INSPECTOR.
Due to these 2 facts :
I have chosen to state the Correct Police procedure that should have been followed in December 1999 based on an Analogy that uses no technical words which I am not comfortable with, leaving that to the technical experts like Dr Shepherd.
My Analogy is of a Art Seller, selling a Fraudulent Painting as Genuine
A person sells a Picasso painting for 200,000 pounds as a GENUINE Picasso
(The Development)
To show it is Genuine it comes with full supporting documentation.
Full payment is taken for the painting in money and goods.
IT IS FOUND HOWEVER NOT TO BE GENUINE and
The SUPPORTING documentation also found to be forged.
When the person who sold the painting is
formally interviewed on tape by the Police.
He does not deny he sold the painting and took full payment, including a Porsche car, which he had already sold on despite
NOT having the original DVLCC papers,
these the owner had kept until verification of the painting was made.
He says to the Police there was a MIX UP
That he has the GENUINE painting and will deliver it in 6 months
For what ever reason the Police accept this,
and this is not the part of the Police procedure I have been asked to comment on and
so I will not as it would only be speculation
6 months later
With the Police looking on he delivers another painting
and signs a document again to say it is genuine
provides again supporting documentation, asks for the Porsche original DVLCC this is refused until the painting is verified.
When the painting is checked, it is found to be again another forgery and the supporting documentation also forged.
Correct police procedure
- Seize both paintings. Place in separate property bags in Police Stores.
- Arrange Forensic examination of the paintings. (To connect suspect to the
paintings)
- Seize pen and document. Place in Police stores.
- Arrest suspect.
- Search business and home premises. If in custody obtain Inspector's authority
(Sec. 18 PACE Act 1984).
- Seize all articles possibly connected with the painting, i.e. brushes, paint,
photographic equipment, computers, scanners, printers.
- Separately bag, label, enter on property form all seized property. Place in
Police Stores. All articles to have signed exhibit labels.
- Interview suspect on tape in accordance with PACE Act 1984. Charge and
release on bail to appear in court on a later date or remand in custody, or
release on Police Bail pending further enquiries.
Offence revealed
Obtaining Property by Deception. Sec. 15 Theft Act 1968.
Offence committed by a person who by any deception dishonestly obtains property belonging to another, with the intention of permanently depriving the other of it.
The person has obtained monies (property) by deceiving another (the complainant) that the painting was a genuine Picasso.
The production and signing of the document proves the person's guilty state of mind and that his actions were dishonest and deliberate.
All his actions and words with the Police are part of this deception.
D.J.P.Drucquer. (BA)
Retired Police Inspector. West Yorkshire.
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