CS: Legal-Anonymity revisited

2000-09-12 Thread RustyBullethole

From:   RustyBullethole, [EMAIL PROTECTED]

Steve, although I think we eventually "agreed to disagree" on
police weapons and tactics, here's some very disturbing stuff
on the death of Harry Stanley.



http://www.gn.apc.org/inquest/briefings/stanley.html

also

http://www.gn.apc.org/inquest/policestats.html




Rusty


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CS: Legal-Anonymity etc

2000-09-01 Thread jonathan

From:   [EMAIL PROTECTED]

 I also have it on
 good authority that the same Officer at the case that
 resulted from this dealers persecution said to one of the
 Lawyers present something along the lines of "well now
 we've got their pistols, we can start on the shotguns
 next" to which said lawyer replied "Well you're not getting
 my bloody shotguns". 
 
 I have got lots of things on good authority too, but have the common sense
 and decency to keep them to myself. Hearsay, tittle tattle and gossip are
 kids games. Besides, its getting very close to dodgy ground here.
 I can see the game here, lol, and I wont be wound up!

OK, it's hearsay. I withdraw it as I can't prove it. I notice 
you haven't commented on the first bit of that post though.

Jonathan Laws 

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CS: Legal-anonymity etc

2000-09-01 Thread jonathan

From:   [EMAIL PROTECTED]

 I request that
 Mr Kendrick  removes me from the subscribers list.
 Please note, Mr Reay, that I do so of my own choice and not
 because you have told me to F*** off elsewhere.

This is rather disappointing. We may not agree with one 
another all the time or indeed very often but that is surely 
the very reason we debate things? Going off in a huff is 
not the way in which to change opionions that you 
disagree with.

Jonathan Laws.


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CS: Legal-Anonymity etc

2000-08-31 Thread Jeremy

From:   Jeremy Peter Howells, [EMAIL PROTECTED]

I think one of our other contributors provided that one -
misfeasance in public office as the criminal charge and
neglect of duty as the disciplinary offence.

Should it be a more direct failure to uphold the law, say a
police officer deliberately standing aside to allow an assault
then they could also be charged as an accessory even though
they took no active part.  In such an example their failure
to intervene would be sufficient as they had a sworn duty to
intervene.

Regards

Jerry
--
"misfeasance in public office" - what Act is that under?

Say IG knew that tomorrow he had to go and help inventory
a pile of seized cigarettes in some town or other, and he
didn't want to do it because he objects to cigarette taxes.

So he stays in bed and doesn't show up for work.

What offence is that?  Misfeasance for not showing up?

Steve.


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CS: Legal-Anonymity etc

2000-08-27 Thread Jeremy

From:   Jeremy Peter Howells, [EMAIL PROTECTED]

Remember most of the laws enacted after 1936 were in
effect edicts from the Nazi party as parliament (the
Riechstag) was not debating and passing the laws.

What the Nazis did within Germany was suspect legally.
What they did in the occupied territories was covered
by the Geneva and Hague conventions and the accepted
standards of war and clearly illegal.

What should also be remembered was the German military
code made failure to obey any order a capital offence,
on the battlefield punishable by summary execution.  The
German ethos of obeying the law is so deep seated that
even today you find pedestrians waiting at a red light
at a German light controlled crossing even when there
are no cars coming!

The idea of obeying the 'law' is deep seated in most of
us.  However as IG pointed out when does one decide that
a law is illegal or immoral, the ECHR gives us some
guidance but already some ridiculous examples of the
ECHR being 'misused' are getting into the press.

Regards

Jerry
--
Such as?

Anyway, I'm not suggesting that every single Nazi
could say what he did was legal, however many of them
could.  Gypsies had effectively the same rights as
farm animals prior to the Nazis coming to power, so
the Nazis could essentially do what they pleased with
them under the pre-existing law.

Many pretty onerous laws were passed in Germany prior
to the Nazis coming to power, in part expressly to
stop them coming to power, however that backfired because
when they did come to power a lot of the police state
they wanted was already in place.

Steve.


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CS: Legal-Anonymity etc

2000-08-27 Thread Jeremy

From:   Jeremy Peter Howells, [EMAIL PROTECTED]

It is illegal for the police to obey illegal orders yes but
once a law is on the statute books it is not illegal to
enforce it.  Remember much that was prosecuted at Nuremberg
were actions that were against the Geneva and Hague
conventions on the conduct and practice of war, however the
'Allies' also came up with some interesting legal concepts
such as 'it was illegal to wage aggressive war'.  These 
legal concepts were more than a little dubious even though
we were using them against people who were guilty (in our
eyes) of some pretty heinous crimes.

If the police and military in the UK (or when operating
abroad) obeyed an order which was obviously illegal (such
as to murder or torture people who were obviously
non-combatants) then the defence of 'only obeying orders'
is no defence and they would be charged as a principle in
the crime.

If the British military or police were enforcing laws that
were on the statute books and enforcing them in a
'reasonable' manner, where reasonable means they stayed
within the law as they understood it then 'obeying a lawful
order' is indeed a defence.

The agreement that the law is unreasonable is one for the
courts to decide.  The police have some discretion in
enforcing the law but that is at the margins (e.g.
cautioning a driver doing 35 MPH in a 30 limit) rather
than a total interpretation of the law.  Locally we have
one road that has 'accidentally' been made a 30 MPH limit
and the police must enforce that until it is amended.

Regards

Jerry
--
What _crime_ does a police officer commit (as opposed to
a disciplinary offence) if he refuses to apply a law?

Steve.


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CS: Legal-anonymity

2000-08-27 Thread david

From:   "david", [EMAIL PROTECTED]

The moral being that you win
people over by being friendly to them and educating
them in the way you want them to think - attack them
and you have lost them.

Open your minds; you might take three steps forward
and suffer four steps back, but keep at it and
eventually ground must be gained, after all, what
have we got to lose?


actually, nothing now, it's mostly gone, so don't let that influence you.

hearts and minds works in many ways.

just blanket and unthinking resistance and arguement is as you say, likely
to be unproductive.

resistance, obstruction and confrontation with an explanation is quite
another thing.

write to your cheif constable and tell them how they have lost your support
and why.

if you think that there was a cover-up after Dumblame, or that acpo exceeded
their remit or that you are dissapointed with the politicisation of the
police, tell them. that is all.

let them open their mail and see dissent from shooters. it's one thing to
have an ex-con's mum or solicitor grumbling but another to have the most
upright of sections of society taking the trouble to write.

just do it, gallery rifle sucks and so do the .22 and .32 pistol
disciplines.

david


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CS: Legal-anonymity

2000-08-24 Thread Kay, Martin \(DEI\)

From:   "Kay, Martin (DEI)", [EMAIL PROTECTED]

IG wrote:

"...Only well presented and structured
 debate, strongly made cases and relentless pressure will win
 the day..."
 
Those of us who owned SLRs and later pistols tried this approach in
our defence.  The response from media, politicians, and regrettably certain
sections of the police, (the organisation in the best position to understand
the facts) was: 

" ...intemperate and hostile attacks on people
 either as individuals or institutions..."
 
Most of our subscribers would agree that:

" It is human nature to fight back..."

IG has the courage to defend his corner and I think that he has
earned a lot of respect from subscribers for doing so, even though strongly
held differences of opinion are exchanged.  This lively debate is surely
what the function of the group is. 

IG, although the going is hard, the group will be poorer for your
lack of input.  Don't take your ball home yet.


Martin Kay



  

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CS: Legal-anonymity

2000-08-22 Thread Hugh Bellars

From:   "Hugh Bellars", [EMAIL PROTECTED]

I must disagree with Hugh here and agree with IG.  Any
police officer disagreeing with policy directions given
by senior officers is 'sticking his neck on the line'
and any officer putting himself in this situation can
find life very difficult indeed.

Ah, but IG has said that he has already stuck his neck
out over 'long barrelled pistols, moderators and other
things that cause grief'. My point was, why should he
have to stick his neck out at all? It is only because
some of his fellow officers appear to be prejudiced
against certain 'nasty' section 1 items.

I was merely pointing out that it is this prejudice,
often put forward by ACPO and sadly, some grass roots
police officers, that often causes the flames to rise
in CS when the subject of our friends in blue is discussed.

IG - I hope that you are not too disheartened (I agree
with Brian: the list would be a duller place without our
Police subscribers). If you had any doubts before about
the strength of feeling about the '97 act, you surely
have none now. Ordinary people who enjoyed their hobby
don't easily forget being called 'perverts' by the media
and having their property taken away.

Hugh


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CS: Legal-Anonymity etc

2000-08-21 Thread IG

From:   "IG", [EMAIL PROTECTED]

Nuremberg has no bearing on any legal precedent in the UK, not is it the
basis for the establishment of any legal principle. It is certainly not
included in the list of any stated or decided cases.What laws do you think
the police should enforce? Who should decide? Individual officers? What if
some officers thought that a certain law was a good one, and others thought
it was a bad one?
Whichever way you dress it up, it is a gross insult to every police officer
in the UK to be mentioned in the same sentence as anything to do with
Nuremberg. You arent the only one to make this odious comparison, its been
mentioned by more than one subscriber and its yet another popular bandwagon.
No the wonder there's so great a division.

IG
--
All I can say is that you're going to find yourself in a very
nasty lawsuit if for example you try and enforce the law which
requires people who have received a speeding ticket from a
speed camera to identify themselves, because that law has
just been ruled illegal.

That was the point I was trying to make.

If an officer attempts to enforce a law which contravenes
the ECHR for example, and which has been ruled to contravene
it, that officer has broken the law.

It will not be too long IMO before the EU sets up some sort
of enforcement mechanism to stop police officers from enforcing
laws of a country which contravene EU law.

The results of the Nuremberg trials apply in a similar way.

Don't kid yourself.

With the Human Rights Act on the books every copper who
violates the provisions of the European Convention on
Human Rights is going to have a sticky time in court
justifying themselves, if the UK law they were enforcing
is held to contravene the ECHR.

Or are you familiar with every ruling of the ECHR and
every court of every country that has signed the ECHR?

There are heaps of lawyers out there who are going to
make a living doing this in the coming years.

Steve.


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CS: Legal-Anonymity etc

2000-08-21 Thread Brian Toller

From:   "Brian Toller", [EMAIL PROTECTED]

Well I for one will be sorry to see Iggy go.
I suppose as he keeps mentioning the length of time
he's been a copper we should call him Iggy Pop.

Wether I agree with his point of view or not it's enough
of a rarity to have someone in the force prepared to stand
up and not just argue but do so in words I can understand.
Not that God awful monotone style that all senior officers
seem to have learnt.

On the initial point in his reply I have to say that
comparing bent coppers with homicidal shooters is way off
beam. Bent coppers with bent shooters or homicidal coppers
with homicidal shooters and lets keep the arguement fair.

If the debate has got somewhat overheated just consider the
initial media coverage and government reaction in March 1996
(No Iggy I don't exclude you from the same feelings as the
rest of us I just seek to remind everybody) We were condemned
as worse than Paedophiles with the government preferring to
find time to punish us in preference to them and had more
libel and abuse flung at us than practically any other group
of people, certainly since the war. From her recently
reported comments Gill Marshal Andrews still considers that
my children should be on the "at risk" register merely
because of my interest in shooting and at the time she would
have been one among many expressing similar opinions.
That level of injustice has not and will not be forgotten or
forgiven. I shall bare that particular grudge till they nail
the lid down.

So for the good of shooting stick around my friend and keep
arguing. The day this list revolves around mutual ego stroking
rather than hot debate is the day I unsubscribe.



Brian T


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CS: Legal-anonymity

2000-08-20 Thread Dave

From:   Dave Reay, [EMAIL PROTECTED]

Well, is that not rather hypocritical? 
Not really, I believe the similarities between the police and shooters
are very close, 150 years of the organised shooting of handguns as a
sport, and about the same length of time for the organised policing of
this country, but the abuse of power lies very strongly with the police.
At the time of the handgun ban we were closely matched in numbers,
without 80 years of persecution of the shooting public I think we would
have greatly outnumbered the police.   
The other common
thread is that shooters are not all the same as Hamilton
and Ryan, etc. Great offence is taken when it is
suggested that shooters are all the same, but not an
eye is blinked when everyone tars the Police with the
same brush. Imagine the uproar if I were to dare suggest
that all shooters have homicidal tendencies and should
not be allowed anywhere near law abiding people. 
Our record is very clean in comparison to the police, "bent coppers" are
more commonplace than "homicidal shooters" 
Back to anonymity. Why should a person who is merely
doing his or her job be placed under the extra pressure
that disclosure of identity would bring? Can anyone who
disagrees with this say that they would be prepared to
do the same job and be named and photographed publicly?
I do not have a problem with that, except that this should also have
extended to the Martin bloke, why should he have been subjected to the
sort of media attention that the police are protected from? He is as
much a target as you are!
Does the person who wants guns banned
have any less right to say that than anyone here? Like
it or not, this is a democracy and although there are
some dreadful laws, it is the duty of the Police to
enforce them. 
Yes, but it is not the duty of the police to try to create laws, the
handgun ban is an evil law and has brought naught but evil in its wake.
It has driven a wedge between the most law abiding and the law upholders
even if the handgun ban was repealed tomorrow, that divide will be there
forever, that is how evil it is!
As an aside, I have spent lots of time in trying to
effect a reconciliation in my area. I have invited
clubs and societies to our training wing to see
how we train and what kit we use.Our licensing dept.
has invited clubs to visit them to see what goes on.I
have liaised with local clubs to assist their members
with problems in licensing issues. I have stuck my
neck out for shooters over long barreled pistols,
moderators and other things that cause grief.
I do not doubt youre good intentions, but, this smacks of guilty
conscience, and that will not restore our sport. The only thing that
will restore our sport will be the acknowledgement that "We were wrong"
from both the politicians and the police, and unless the "Court of Human
Rights" tell them so I cannot foresee them ever accepting that.
 I am a
shooter through and through and have always tried to
help the private shooter as much as possible, as all
who know me will corroborate.
Having read the posts here, though, it puts a
different light on things in many respects. Although
I know there was resentment, I didnt realise it was
so deep and virulent. I am having a deep rethink of
my philosophy.
This sounds like a thinly veiled threat, are you about to turn into an
"anti" because so many are against a bad law? The operations of the ACPO
were not youre responsibility so why do you have a problem because youre
attempt to defend them is met with such hostility? No body blames you
personally, but when you play the "Devils Advocate" you must expect a
lot of heat!
-- 
Dave Reay


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CS: Legal-Anonymity

2000-08-20 Thread Jim FRANKLIN

From:   "Jim FRANKLIN", [EMAIL PROTECTED]

[.
However I draw the line at Crown Servants using their
position to express views on the Law,  Policy and further,
making provocative statements to the effect that the general
population abuse their hard won freedom, cannot be
trusted, should be disarmed and controlled "for their
own good".

Who on earth is using their position for gods sake?Is this not an
open forum?
[.]

One ? will do!

Yes, this is an open forum and I was not talking about cybershooters in
particular. One has to be particularly obtuse to not only take things out of
contact, but to omit part of the quote in order to make the complaint fit
the diatribe

{.]
Whilst many of us would take issue with a lot of what is said in
Cybershooters and any other forum, everyone has a right to spout his
two-pennyworth.
[.]

The above preceded the first quote above, so the ground rules were clearly
laid down. However to make things perfectly clear, the point was about any
public official using in his official capacity making remarks on public
policy.

To take it a bit further even if "off duty" they can still reign in their
opinions. As a former MoD Engineer and NATO Official, it would have been
more than my job and pension were worth to comment on the same line as some
of today's police officers. They have ideas way above their station. They
are quite simply, public servants and no more.

If there are comments to made on policy, let my MP or Ministers make it. I
want to hear the organ grinder not the monkey.

[.]
Sorry, I have just realised this is a wind up, lol, and wasnt meant to be
taken seriously. Well done, you had me going for a moment! Nice one Jim!
[.]

Burying your head in the sand to avoid the issue does not alter the facts or
make them go away.

Jim Franklin
Orpington
KENT. UK
PGP key on request


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CS: Legal-Anonymity

2000-08-18 Thread Dave

From:   Dave Reay, [EMAIL PROTECTED]

Hello

I imagine support for Dave's viewpoint is not soley
confined to CS, ask anybody who has reported a burglary,
stolen car, vandalism, etc. etc.
Favorite Topics
I've just had my car broken into and 500 pounds sterling worth of tools
stolen, the plods attitude was sympathetic as usual. Believe it or not,
I was investigating why our satellite transmitted "Data" was being
corrupted. The culprit turned out to be the microwave link from the
closed circuit TV cameras! Needless to say the said cameras saw
bugger all. A cynic? not me, I am a realist! 

-- 
Dave Reay


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CS: Legal-anonymity / Perceptions

2000-08-18 Thread Gregg Mitchell

From:   "Gregg Mitchell", [EMAIL PROTECTED]

I.G., I read your comments with interest.

Your argument re. parrallelling condemnation of Police
 shooters is fallacious.  Shooters are citizens.  They
pursue their interest for pleasure, without pecuniary
advantage and without the attendant pressure to
conform to views held or implied by superiors.

A police officer is not that fortunate.  He is an individual,
but his opinions and actions are bound by his office.  He is
an administrator and enforcer of government.  The Police,
therefore, is the body and he is but part of that organism.
The only free will he can exercise is that which exists
within the bounds of conscience.  This is as it should be.  I
have no argument with that, I see no dichotomy, nor anything
sinister.

When the Police attempt to create the Law, I despair of
this country.

ACPO, the Superintendents' Association  Police Federation
engage in political activity, pursuing their own agenda
with their advice  statements.  They ignored the realities
of legitimate firearm ownership in this country.  I lost
respect for those bodies.  It is concomitant that I lose a
degree of respect for the people they purport to represent and the
people who support their existence.

When the Police, as an organisation, override "Law" with
"Policy" and actively contribute to bad legislation, then
the Police are irrevocably damaged, tainted far more than
by any isolated corruption.  After all, if I hear rubbish
on something I know about, then what other rubbish have I been
fed over the years from the same source?

"I was only a guard dog at Buchenwald"  doesn't work
either.  The Home Office  Parliament are not the only
villains in the piece.  When will the
Police learn that respect is hard earned  easily lost?

I resent the historical involvement of the Police in the
shabby legislation we endure.
I resent the fact that I now regard any Police statement
(re. armed crime, firearms) with suspicion.

If attitudes displayed in the postings have shaken you,
don't lose heart. Shooters are just ordinary people.  When
you've been rogered as soundly as we all have, it bound
to sting a bit.  Keep faith and Good Luck.

G.M.

By the way, removal of anonymity is lunacy, but the
fastest way to cause it is to use the facility too casually.

Article 29 doesn't apply, as far as I am aware.


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CS: Legal-anonymity

2000-08-18 Thread Hugh Bellars

From:   "Hugh Bellars", [EMAIL PROTECTED]

I have stuck my neck out for shooters over long barreled pistols,
moderators and other things that cause grief. 

IG, I have a lot of sympathy for many of the views expressed in your post,
but this one line made me do a double-take. What 'grief' could possibly be
caused by these legal section 1 items? The implication from your statement
is that some people in the Police just don't like 'civilians' owning these
items, despite the explicit wording of the Firearms Acts.

I am lucky in that my own licensing department is superb - they genuinely
seem to believe in the 'service to shooters' line put out by the Home
Office. However many aren't so lucky, and we regularly hear horror stories
on Cybershooters of inappropriate behaviour by some police officers.

IG, you are clearly one of the enlightened; but as long as such views are
held by some of your colleagues, are you really surprised that many
Cybershooters get upset at the Police in general?

Hugh


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CS: Legal-anonymity

2000-08-17 Thread Jonathan

From:   Jonathan Spencer, [EMAIL PROTECTED]

Suggestions I have - JHPs instead of SPs, and bean bag shotgun
rounds.  

What difference would it make?  I'm sure I'll be corrected
if I'm wrong (as ever), but don't SPs feed better than JHPs?

more _use_ of the pistol as I fail to see the reason behind coppers
carrying semi-auto MP5s which are in essence, big pistols.  

Because for given level of training, the average shooter
is more precise in his shooting and it has greater range.  You
try engaging someone at just 50 yards with a pistol.

--Jonathan Spencer, firearms examiner

"Justice is open to everybody in the same way as the Ritz Hotel."
Judge Sturgess, 22 July 1928
--
According to ACPO, most engagements are at ten yards or less if
I remember correctly.

And JHPs do feed more reliably than SPs in my experience, because
SPs have the exposed lead at the tip which can stub on the feed
ramp.

Geco SPs wouldn't feed at all in my Beretta, and it's rare
to encounter a load that won't feed in the open top Beretta.

Steve.


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CS: Legal-anonymity

2000-08-17 Thread Innocent

From:   "Innocent", [EMAIL PROTECTED]

Come on everyone - IG has made a rather good point here.
If our perception about the police is one-sided, and we
believe the police have the opposite view about us,
rather than keep having a pop about it, its time we took
the "fight"  to the  "enemy"  (sorry IG - but you know
what I mean)  and started meeting with these people so
that we can start changing their attitudes by
seeing that we are the reasonable sensible law-abiding
types we all claim to be.

At the same time we have the opportunity to demonstrate
the expertise that exists in the civilian world.

If we can influence the copper on the ground, especially
the young ones, we will lay the foundations for the future
as these youngsters move up the ranks. Just as we all
believe in training the young shots of today to become
the experts of tomorrow, so we can apply the same to the
police.

It won't be easy, but the effort has got to be worthwhile
- if I lived in IG's part of the world (east anglia I
believe?)  I would take him up on his invite; I do
however have an offer from my local firearms enquiry
officer to visit his HQ  (Sussex)  and meet the licencing
people et al, and I am going to take him up on that - I
urge everyone to do likewise - remember the only ever
successful counter-terrorist campaign waged in the last
century was the by the British in Malaysia using the
"Hearts and Minds"  principle (also used in Vietnam by
their SF  till the Marines stepped in with their
generally subtle approach - not a criticism, just a
different philosophy!!).  The moral being that you win
people over by being friendly to them and educating
them in the way you want them to think - attack them
and you have lost them.

Open your minds; you might take three steps forward
and suffer four steps back, but keep at it and
eventually ground must be gained, after all, what
have we got to lose?

Chris


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2000-08-17 Thread jonathan

From:   [EMAIL PROTECTED]

  I have read the posts resulting from my original reply
 re the Falmouth incident with great interest.
 A common thread is severe criticism of the Police. It
 seems to be the consensus that the 'Police' are useless,
 incompetent, dangerous, unnacountable, a law to
 themselves, etc. etc. There is very little moderation
 or informed argument, merely bland statements. 

I think a lot of the time People are only saying what they 
find. I don't think that the Police are "useless, 
incompetent, dangerous, unnacountable, a law to 
themselves, etc. etc." in everything they do. Generally 
the Police do a very good job under difficult 
circumstances and whenever I have needed them either 
Personally or through Work they have always been 
efficient and polite. However this does not apply to all 
Police Work and it dosen't apply when things go wrong. If 
we are talking about Firearms matters then the Police 
quite often are incompetant and dangerous. Just looking 
at the numbers of negligent discharges involving Police 
officers tells us that. Over about 13 years that I have been 
shooting I have never seen a negligent discharge by a 
civillian shooter and I have only heard of one involving 
someone I knew directly (this did however go in a safe 
direction). The Police seem to be having them all over the 
place. Airports, railway carriges, race meetings and 
Police stations. The fact that this seems so common 
leads me to believe that the Police are indeed dangerous 
when it comes to Firearms handling. It also seems to be 
rather common for the Police to leave Guns lying around 
for anyone to pick up, although I admit that it hasn't 
happened recently. As for being unaccountable, How can 
the Police be accountable if complaints against them are 
investigated by other Police personell? 

I suspect
 that many of the comments are made by people who are
 merely propogating a popular myth. Whatever, the thread
 is that the 'Police' are all the same.

I don't think People are saying this at all. We are 
shooters and because of that the Police whom we come 
into contact with the most in a profesional sense may be 
mostly the same ie: anti firearm, so this is what People 
notice. I don't think they are tarring all of the Police with 
the same brush, many shooters know Police Officers 
personally and there are lots of serving or retired Officers 
who are shooters. Most of the grievances shooters have 
with the Police stem from the fact that whenever possible 
the Police have, from a policy point of view, screwed 
shooters. We all know that the restrictions in '88 and '97 
had zero effect on the criminal use of Firearms. We also 
know that it won't stop some scumbag committing mass 
murder with an illegal Firearm in the future. Yet the Police 
were all too willing to support whatever measures the 
government of the day proposed without question. If the 
Police had given an honest opinion on the matter or had 
said nothing it would have been that little bit more difficult 
to get the legislation through. But no, there were too 
many Knighthoods and promotions at stake. 

 Back to anonymity. Why should a person who is merely
 doing his or her job be placed under the extra pressure
 that disclosure of identity would bring? Can anyone who
 disagrees with this say that they would be prepared to
 do the same job and be named and photographed publicly?

As Steve has pointed out, there is virtually no risk in the 
Falmouth incident of the Officers involved being subject to 
any sort of retribution. Why then do they need to hide 
their identitys? If it is just the pressure of being named 
and Photographed that we are talking about, then 
perhaps the Officers concerned should not be doing the 
job? Police work, like other some jobs, brings pressures 
that are not present in more ordinary lines of work. 
People know this when they join the Police and receive 
very good pay and Pensions to compensate. If they are 
not prepared to undergo the extra pressures involved 
should they be doing the job in the first place, especially 
the extra pressures brought on by Firearms duty?

 I have protective measures (communications 
equipment) in
 my home because, in the course of my work, I have
 confronted and dealt with some major criminals who have
 actively attempted to discover my whereabouts. I resent
 the implications that I have some sort of a magic
 entitlement to this. Anyone who is directly threatened
 can have it.

I agree with this, my Family has had this also some 
years ago. Credit where credit is due the Police on that 
occasion were excellent.

 Lets get real here. Just what does the public want
 from the Police? Does the person who wants guns banned
 have any less right to say that than anyone here?

If that person is a Police Officer and is speaking from a 
Police point of view than I would suggest that he does 
have less right to say these things. The Police are there 
to administer the Laws passed by 

CS: Legal-anonymity

2000-08-16 Thread niel fagan

From:   "niel fagan", [EMAIL PROTECTED]

My view is that the police should ditch the MP5s and assault rifles
which scare the crap out of the public (with rare exceptions)

Steve.

But thats what they are meant to do, isn't it?

Niel
--
I think too many police officers have watched the SAS
during the Iranian Embassy siege.

I saw some tape of a SWAT team in Washington State, I think
it was Tacoma, can't remember exactly.  They were all
armed with Glocks.  The pointman had a Glock 18 with the
33-round mag.  Flashlights mounted on the pistols.

I watched that and I thought to myself, "hmm, why is it
that so many police are armed with MP5s" - there
is no real logical reason, a pistol or an MP5 is just
as lethal inside a building, and if anything a pistol
is easier to move with.  Someone said once that the
MP5 was on a sling so you had both hands free if
you wanted - anyone heard of holsters and lanyards?

Pistols make more sense because it is possible to carry
two, so your backup is the same as your primary weapon.

Plus all the magazines are interchangeable between
weapons.

The use of the MP5 is to a large extent a triumph
of marketing.

Steve.


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2000-08-16 Thread andrew

From:   andrew, [EMAIL PROTECTED]

I think you have to look at the psychological side of this. The
"authorities" would not consider that an "ordinary citizen" (that's you
and me) needs to be concerned about retribution as we have the
protection of our glorious police force who we pay so much for and
granting anonymity would be an admission of failure. Whereas the police
have no one higher power to look after them; sort of a variation on the
"who watches the watchers" theme.

Besides which being treated differently to the to everyone else is
guaranteed to make you feel superior.


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2000-08-16 Thread Neil

From:   "Neil Francis", [EMAIL PROTECTED]

I imagine support for Dave's viewpoint is not soley
confined to CS, ask anybody who has reported a burglary,
stolen car, vandalism, etc. etc.

You mean most people actually support logic like:

::The point is that they did not give a flying f*** if anybody noticed
::their protest, they were prepared to forego their childrens "Hero
::worship" for the knowledge that they had done as much as they could to
::show their disgust at the victimisation of a section of society that had
::done no wrong. If we were black and had been victimised because a black
::man had murdered 16 children and their teacher how would that hang with
::you?

and apparent threats like:

::...I would strongly advise against pissing me off,...

or what I ask.?

and accusations of abusiveness because a poster happened to disagree with 
the apparent 'collective' viewpoint or certainly the viewpoint of Dave...

::You were being abusive to the honest law abiding citizens that had once 
owned firearms and ::are now prevented due to the incompetance or otherwise 
of the people that are
::assigned the responsibility of protection of said people.

and ridiculous mob mentality statements, previously chastised on the board 
(apparently), such as:

::The police most certainly are guilty of persecuting handgun shooters, 
while showing
::that they prefer paedophiles to handgun shooters. Do not piss down my
::back and tell me it is raining! Their defence of paedophiles is
::disgusting when compared to the support we received!

That 's a good one - paedophiles to handgun shooters - are you on LSD 
Dave?  What in god's name is that supposed to actually mean?

  Defence of paedophiles - what defence?


Neil Francis
Trowbridge, UK

[EMAIL PROTECTED]


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2000-08-15 Thread Tim Jeffreys

From:   "Tim Jeffreys", [EMAIL PROTECTED]

By posting on this site you are taking part in a public
debate. If you do not like it, then it may indeed be
appropriate for you to "Stay with the professionals" and
indulge in the Internet equivalent of funny handshakes in
your own increasingly isolated little world.

Regardless of the perceived bias or otherwise of "IG" and Mitch 's points of
view, I think the list would be much the poorer without them. Although email
gives a certain anonimity, it still takes a reasonable strength of character
to defend your opinion at the risk of having it shot at by dozens of very
angry people. Many of their opinions are bound to be coloured by the dregs
of humanity with whom they come into contact daily, so like any group of
"common purpose" there is going to be a feeling of "us and them",  just like
all us paranoid shooters have...g
I have several non-shooting friends who are serving police officers - there
is some definite "us and them", but they seem normal people to me - and it
does make for interesting conversation.

If the list was limited to only those who had the time and resources to have
total perspective in 20 20 vision on all firearms issues then there would be
no debate, no education, and the content would certainly be a lot less
colourful (wouldn't it Dave).

As for attitude, the only real piece of deliberate police licencing
obstruction I have experienced personally is the following:
I recall handing in my first application for a shotgun certificate; having
just walked three miles to get to the police station, I naively expected in
my law-abiding enthusiasm to just hand over the bits required on the form
and the cheque.
It was a Saturday afternoon, and the local football team were playing at
home. As I walked up to the front desk, there was a radio on monitoring
local events and it became apparent that a colleague of the chaps at the
desk had just been clobbered and injured by a follower of the "beautiful
game" - not a good start.
 - So, up walks muggins with shiny application form and payment, to be
greeted by a very large, very displeased person, who, after scanning through
the correctly completed form, asked me to supply the "height" of the person
of good character (my local vicar). Well I didn't know, and at 17, I wasn't
going to argue with a police sargeant who, as a figure of authority,
obviously knew the Law far better than I did.
Suffice it to say I obtained this spurious information, and with another six
mile round trip dutifully supplied it and the correct items to a rather
bemused (different) officer some days later...


Tim : )


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CS: Legal-anonymity

2000-08-15 Thread IG

From:   "IG", [EMAIL PROTECTED]

Steve
Yes, those forces and indeed most forces have dedicated armed units. The
problem is that the members of these units do more than firearms work. They
are also expected to meet 'performance indicators' by handing out speeding
tickets, HORT 1's, verbal cautions, in fact everything that every other
police officer does. If they don't, then its goodbye to the unit and back to
normal duties. Most units have a tenure of post policy thet means an officer
will spend a maximum period as an AFO on the unit, usually around 4 or 5
years. They are then moved and a brand new officer takes their place. Dont
ask me why, I dont know. Its the usual policy thing.

Most AFO's are not detectives. In fact, very few nowadays outside the Met
are detectives. Armed criminality is almost always the responsibility of the
ARV's or specialist units. (see open govt site and HMIC reports on each
force).

We are all looking at less than lethal options, and bean bags are an option.
I personally dont like the baton for a number reasons, but the bean bag
seems to have potential. The whole issue has to be looked at.

Overt arming..yes, good idea to be able to get to weapons
quickly. However, what law allows the UK police to carry firearms overtly as
a matter of routine? S54 of the '68 act allows crown servants to possess
firearms without a certificate in the course of their duties when
requitred to do so. Is routine patroling sufficient requirement for routine
arming? If it is, should ALL officers be armed? Opinions would be welcome.

IG
--
I don't think Section 54 is remotely relevant, TBH, because as
has been pointed out it provides no exemption that applies to
Section 5 weapons anyway, and even if it didn't exist, it's only a matter
of getting a certificate from the licensing dept. and a letter
from Mr Straw.

Section 54 also says nothing about the Crown Servant requiring
the firearm, it says they are exempt, that's it.

I don't think all officers should be armed but I make the point
that all armed offenders arrested in the commission of an offence
that was not known to the police via intelligence were arrested
by unarmed officers according to the HO.

My view is that the police should ditch the MP5s and assault rifles
which scare the crap out of the public (with rare exceptions) and
learn how to use pistols.  I also think that patrol officers
who operate in areas with high levels of armed crime (e.g.
Handsworth and Moss Side) should be routinely armed with
firearms.

Routinely arming all the police with guns is a waste of money
and the training levels (such as they are) would sink to almost
nothing.

Steve.


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2000-08-15 Thread Dave

From:   Dave Reay, [EMAIL PROTECTED]

I hope Dave Reay is recovering form his burst blood
vessels. 
Sorry to dissallusion you but my blood vessels are not so easy to burst,
a 9mm might just do it but simple words have little effect. I will not
stand idly by while we as shooters are accused of things we have not
done, while those that were in a position to do something constructive
lay the blame at our door.  
Just to reassure him, I am an old time copper,
having been one for 26 years. I have no intentions of
handing back my medals and commendations, though. Who on
earth is going to take any notice of that? I dont believe
in futile actions and anyway, I earned them and my kids
will get them in due course. The guys he knows that have
thrown away or handed back their medals must be feeling
pleased that they showed 'em alright! That was a high
profile protest, wasn't it!
The point is that they did not give a flying f*** if anybody noticed
their protest, they were prepared to forego their childrens "Hero
worship" for the knowledge that they had done as much as they could to
show their disgust at the victimisation of a section of society that had
done no wrong. If we were black and had been victimised because a black
man had murdered 16 children and their teacher how would that hang with
you? 
I also lost my pistols after the '97 fiasco. I fully agree
that the police are useless at licensing, and that the
attitudes of some in the ranks are hostile towards shooters. I
personally will stick up for any legitimate shooter except
someone who wants a gun for self defence. The tone of Dave's
venom filled missive seemed to suggest that you can't set
foot out of your door without being faced by gangs of gun
weilding lunatics or accosted on every corner by a
paedophile, in between being snapped by police anti
speeding cameras. 
I am not the one that brought up the subject of having "panic alarms"
and other paraphinalia that can provide a plod squad faster than us mere
mortals can! I dont know where you live but I can assure you that in the
North East of England speed monitoring cameras are sprouting up faster
than weeds. If you find my "missive" venom filled, I would strongly
advise against pissing me off, I thought I was being fair and replying
to youre comments in a circumspect manner. You were being abusive to the
honest law abiding citizens that had once owned firearms and are now
prevented due to the incompetance or otherwise of the people that are
assigned the responsibility of protection of said people. The police
most certainly are guilty of persecuting handgun shooters, while showing
that they prefer paedophiles to handgun shooters. Do not piss down my
back and tell me it is raining! Their defence of paedophiles is
disgusting when compared to the support we received!
 Lets keep this in perspective please. I
dont feel the need to have a firearm for protection at
home. I dont know or associate with anyone who does. If
anyone feels that strongly about it, then I feel very
sorry for them. Their lives must be hell, and I mean that
sincerely.
That goes against what you have infered, why have panic alarms unless
you feel threatened? If you are threatened then surely a firearm in the
hand beats a cop on the phone! What is youre problem with citizens
having guns for their protection? We have laws against murder and if a
person murders another then they will be found guilty in a court of Law
and will be sentenced accordingly. 

When I hear expressions such as 'The police are no more
than an extended arm...etc', does the author mean the
individuals who do the day to day work, or does he mean
the senior ranks, or does he mean the politicians who
make the law..what does he mean?
If he means the rank and file, then get a life and also
some treatment for the severe paranoia that is affecting
you! I have nothing but contempt for attitudes such as
yours. (It works both ways.)
The law was changed so that the monies gained from camera prosecutions
could be ploughed back into more cameras, this is a self perpetuating
system that persecutes the motorist. I find it a bit embarassing that I
have to draw this fact to the attention of a serving officer of 26
years.  

By the way, Jeff, I pay more towards my pension than
you do, 11% of my wage to be exact, so dont come that
old one. I also pay taxes, so I suppose I am paying
twice. Funny, when you think about it. I am really
paying my own wages. Aint that the damndest thing!
I have personal experience of how the plod try their damndest to get
"Invallided" out of the FORCE, with a bloody healthy pension! These
blokes would play volleyball with gusto, until the specialist arrived,
then they would limp in to be assessed by the specialist. The moans and
groans of those blokes was pathetic compared to the people with real
injuries. If anybodies interested, it was a rehab centre provided by the
Mineworkers Union, they were specialists in back injuries and provided
physiotherapy that 

CS: Legal-anonymity

2000-08-15 Thread Richard

From:   Richard Barrett, [EMAIL PROTECTED]

In his recent post IG successfully identifies the fundamental problem 
that exists in the relationship between the Police as an institution 
and the general public.

The Falmouth incident which sparked of this thread brought out just 
one way in which Police Officers are treated differently before the 
law in comparison with a member of the public: officers who shot a 
man were granted anonymity at the inquest when testifying as to the 
circumstances of the shooting. There is no possibility that this 
would be allowed for a member of the general public under any, let 
alone equivalent circumstances.

In what follows I mean by Police, the various pressure groups, some 
of which are supported by tax payers money, that claim to represent 
the "Police" view of the world and influence government policy 
accordingly. This includes ACPO and the "trades unions' representing 
the various levels of rank in the Police Forces in the UK.

IG asks:

Has anyone ever asked themselves what law gives the police in the UK the
power to carry firearms?
S54 of the '68 act gives crown servants exemption from the need to possess a
firearms certificate. S3 CLA gives ANYONE the right to use reasonable force,
as does s117 of PACE. Common law also gives the right to ANYONE to use
reasonable force.

This statement of the law as it stands drives right to the heart of 
the problem: the abrogation of the historical constitutional right of 
a citizen to own and keep a gun for self defence and practice with 
it. The state, enthusiastically supported by the Police, has 
progressively usurped the citizens rights to adequate self defence.

As it now stands, the law has two faces; one set of rules for the 
state and its apparatchiks, another for the citizens. Guess who is at 
a disadvantage?

These apparatchiks can have and use a gun to defend themselves 
subject to a set of rules they make up for themselves as to when they 
can carry. The ordinary citizen can not, and merely applying for a 
license for self defense purposes in mainland Britain [concealed 
carry or home defence] is effectively treated as proof of criminal 
intent and automatically denied. Use of a firearm or shotgun for self 
defense that is licensed (typically for sporting purposes or pest 
control) is effectively treated as proof of criminal intent and is 
almost certain to lead to prosecution. It a bit like being told that 
you may not apply for insurance until after you have proved you need 
it, by having an accident, and that applying for it even then, will 
be regarded as proof that you plan on having an accident in order to 
make a fraudulent claim. Naturally enough your application will be 
rejected and you will subject to further investigation.

While individual officers may have shot for sport at civilian clubs, 
the Police as an institution has lent enthusiastic support to the 
politicians who have corrupted the constitution. And many officers 
involved in the licensing process both before and after the 1997 Act 
are chosen for and are actively antagonistic to the ownership of 
firearms by members of the general public. They allow this to 
influence their judgement negatively when dealing with certificate 
holders. I see no reason for believing that the Police will stop 
trying to stretch the law in order to disarm the general public, with 
enthusiastic support from all politicians and much of the judiciary.

That disarming the citizen has done nothing to increase public safety 
in the last 80 years, indeed have made it worse for the ordinary 
person, is of course ignored by the anti-gun zealots which includes 
the Police, the government and the majority of MPs in Parliament. 
Obviously - to them - the solution to everything is further 
restrictions on citizen gun ownership regardless of the lack of 
positive correlation of such policies with firearms abuse and 
criminal use. But then they are anti-gun zealots and we all know what 
a zealot is: one who redoubles his efforts as he progressively loses 
sight of any rational end.


Any ideas and constructiveness will be greatly received.
IG
--

The Police as a whole and as individuals officers should stop 
behaving as though they were privileged guardians operating the law 
on behalf of a ruling elite and treating ordinary people as subjects 
of those rulers, whose behavior has to be  controlled by the Police. 
[I am of course ignoring the reality of the British "constitution" in 
making this comment. We do not have government of the people, for the 
people by the people in the UK. Which is why politicians claims that 
we live in the one true democracy are so laughable]

The Police should:

1.  Simply enforce the law and stop trying to be part of an elite 
that believes it is especially entitled to try and change it.

2. Stop interpreting the law to achieve an unpublished agenda that is 
at odds with such constitutional rights as the citizenry does have.

3. Stop seeking 

CS: Legal-Anonymity

2000-08-14 Thread pa49

From:   "pa49", [EMAIL PROTECTED]

This is starting to annoy me.
If I were to shoot someone who was threatening me with a  gun, I certainly
would be treated as a defendant and I see no reason why a member of the
Police should be treated any differently. I would have to justify my actions
and so should the Police. The Police have to operate within the Law, after
all. Surely that is a healthy approach in a democratic society and nothing
to be feard if the officers have acted appropriately.
Is there a different criteria for justification in these cases involving
Police shootings and if so why is it acceptable for a member of the Police
to defend themselves in this manner and not a civilian?
Neil Saint I
--
It's not a given you would be charged but there's a good chance
of it.  However at the inquest I doubt you could claim anonymity.

Steve.


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2000-08-14 Thread Richard Loweth

From:   "Richard Loweth", [EMAIL PROTECTED]

I can recall that all police vehicles in London having
distinctive numbers painted on the outside. Why? As the
direct result of an incident in which a man was assaulted
by police officers in a vehicle. He could not identify the
vehicle and the crews of other vehicles refused to
co-operate with the subsequent enquiry to try, by a
process of elimination, to ascertain which vehicle and
which crew it was.
I also read that CCTV is now helping prove assaults on
members of the public by police officers where, previously,
the officers and their colleagues would have claimed it
was a response to an "attack" by the third party.
The police should remember that they are SERVANTS of
the public and also that this country is not a colony. For
it is often said that England is Britain's "last colony"
and that the policing methods we now increasingly
see used on us seem to reflect this.
No one on this board is "anti-police" they are just not
prepared to accept an increasing attitude of "us and
them" which ranges from being merely impolite through
insulting to the actual infliction of unprovoked physical
assault.


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2000-08-14 Thread niel fagan

From:   "niel fagan", [EMAIL PROTECTED]

I can suggest a time as to when all this changed- after the
Brixton riots in 1981-

Try after the violent suppression of the miners at around the same time, a 
family member was a senior officer in the field back then and from what he 
told me the biggest problem was the control of the uniformed mob. The first 
units had removed their ID numbers (don't know who I am so I can do what I 
like) and from then on no-one trusted them to use restraint, he had to force 
officers to replace their ID numbers on several occasionsThe problems 
started before then in the minds of those who saw the police as a private 
army, for maggie or anyone else, but that capped it for a lot of people.

Yes they are supposed to be civilians, but as Nick points out they think 
they are something else

Niel.
--
I thought the Met still didn't have collar numbers?

Steve.


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2000-08-14 Thread E.J. Totty

From:   "E.J. Totty", [EMAIL PROTECTED]

--snip--

I also lost my pistols after the '97 fiasco. I fully agree
that the police are useless at licensing, and that the
attitudes of some in the ranks are hostile towards shooters. I
personally will stick up for any legitimate shooter except
someone who wants a gun for self defence.

--snip--

 I dont feel the need to have a firearm for protection at
home. I dont know or associate with anyone who does. If
anyone feels that strongly about it, then I feel very
sorry for them. Their lives must be hell, and I mean that
sincerely.

--snip--

:-)

IG

PS Just 'cos your paranoid doesn't mean they
arent after you.

PPS The proponents of the right to bear arms for
self defence will presumably be able to distinguish a
replica or an air weapon in a burglar or muggers hands
in the dark.
[...]

Steve, and IG,

IG:

Well, I can certainly sympathize with your
ill feelings, being put upon by your detractors. They do
have well placed arguments that you have not adequately
addressed, especially the right to keep and bear arms for
self-defense.
I see that you rather disagree with that position,
but you do not -- in any way  -- effectively counter their
proposition that they have the right to defend their lives
and their property  -- with deadly force, if necessary.

If, as you pronounce, you are a member of the
Law Enforcement Establishment, you should very well
know that no cop is omniscient or omnipotent: You cannot
be everywhere at the same time, nor render aid at the time of
gravest need.

If that is the case, and if cops have the right to
employ deadly force in their own defense, how is it then,
that non-police  -- in your world view -- must be deprived of
the same force that the citizens gave them the authority to
employ?
If the citizens have the authority to authorize a
power, do they not also possess that power themselves?
 You cannot give what you do not possess the
original authority for, to begin with.
The Crown in your land is by citizen assent, not by
edict. The crown cannot take what it does not compensate for
by direct action. Neither the Crown nor the Parliament has
in any way managed to compensate the loss of viable and
affirmative defensive abilities on the part of the citizen, in
the name of personal arms.

So, you don't feel the need?
And, what of those others who do? Am I to suppose
that because you feel a certain way, that all others must
kowtow to that special feeling of yours? In what way are you
special enough to warrant that all others must somehow just
keep a stiff upper lip whilst they are delivered a beating without
any recourse to effective measures?
That, I'd really like to know the answer to.

ET
--
Time for another classic quote:

"It is the role of the police to maintain public safety and
protect the individual in the community." - Home Office
minister Earl Ferrers, 27 October 1993.

ARVs outside every house in Handsworth then!

Steve.


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CS: Legal-Anonymity

2000-08-14 Thread Jonathan

From:   Jonathan Spencer, [EMAIL PROTECTED]

The likeliehood of a revenge attack comes not only from
the friends or relatives of the unfortunate deceased, it
comes from those members of the criminal fraternity, or
terrorist community, who have grudges against the
officers from firearms units.

It's becoming increasingly common for witnesses to be anonymous.  I'm
presently engaged in a case of a fatal shooting in a nightclub.  All of
the material witnesses (i.e. those who were present) are anonymous.
They are listed as S12, S25, and so on.

In the case of police witnesses, we do need to bear in mind that a
constable may be involved in, say, the shooting of the man with the air
rifle, for which there is no apparent need to remain anonymous.  But,
the officer may be a marked man from some previous or subsequent case.
His identity, is of course, known to the Court and it is a matter for
the judge to rule upon.

--Jonathan Spencer, firearms examiner

"Justice is open to everybody in the same way as the Ritz Hotel."
Judge Sturgess, 22 July 1928


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CS: Legal-anonymity

2000-08-14 Thread IG

From:   "IG", [EMAIL PROTECTED]

OK, now everyone, including me, has had the chance to sound of and get
things off their chest. Take a step back and look at things from all angles.
ARV crews are volunteers. They have to perform normal duties alongside their
armed role and switch from one to the other at the drop of a hat. Having
read many of the posts, I can single out various comments, such as the one
that alleges the ARV teams in his area openly brag about it in the pub after
a few beers. That is appalling and, if true, should be the subject of an
official complaint. In my area, they would all be dismissed form the unit.
Has anyone ever asked themselves what law gives the police in the UK the
power to carry firearms?
S54 of the '68 act gives crown servants exemption from the need to possess a
firearms certificate. S3 CLA gives ANYONE the right to use reasonable force,
as does s117 of PACE. Common law also gives the right to ANYONE to use
reasonable force.

The judicial system in this country means that an inquest is held to
determine the cause of death of a person when it has not been certified by a
doctor, i.e. after an illness in hospital. The type of inquest can range
from an appointment with the coroner to a full blown hearing before a jury,
as all deaths involving the police MUST do by law. If the inquest finds that
the death was unlawful, the coroner can order a person to be indicted. That
power has been used, but usually the CPS will have pre-empted this and
charged the persons believed responsible. They will NOT be anonymous under
these circumstances. Contrary to the popular belief displayed by
correspondents here, there are set and rigorous procedures that an officer
will be subjected to if he or she is involved in a shooting. They will be
treated as a murder suspect. No special treatment here, the same
investigation will be done.

Everyone has had their go now, how about some constructive ideas on less
than lethal options, types of training, equipment, etc. The police have
always taken their skills from the civilian world. That door is now closed.
There is so much antagonism between police and shooters that everyone tends
to forget that there are many officers who are private shooters and have
suffered in the same way as everyone else. Likewise, there are many officers
who play the political correctness game.

Any ideas and constructiveness will be greatly received.
IG
--
Not all ARV teams switch between duties, the Met, West Mids and GMP all
have permanent armed officers.  There are different categories of
AFOs.  One intriguing statistic is that as far as I have been able
to discover, when AFOs encounter armed criminals in the commission
of a crime (pretty rare event), they are more often than not, unarmed!

Most AFOs are detectives and the like who are only issued firearms
under certain circumstances, they're not all riding around in
Range Rovers with an MP5 slung across their chest.

Suggestions I have - JHPs instead of SPs, and bean bag shotgun
rounds.  Also more training on the use of the pistol.  And in fact,
more _use_ of the pistol as I fail to see the reason behind coppers
carrying semi-auto MP5s which are in essence, big pistols.  And if
we are going to have coppers riding around in Range Rovers, enough
of this idiotic policy of having the guns locked in a box.  I
remember something on the TV showing two Nottingham officers having
to unlock a box and take out their revolvers.

If they are supposedly trained in the use of a firearm, surely they
are capable of carrying one without accidentally shooting
themselves?

And it would be quite nice if AFOs are trained to recognise guns,
instead of shooting people with walking sticks, table legs and
so on.  And those deadly flocks of pigeons, of course.

Steve.


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CS: Legal-Anonymity

2000-08-14 Thread Richard

From:   Richard Barrett, [EMAIL PROTECTED]

The arguments being presented to justify anonymity for Police 
Officers giving evidence in court, even the Coroner's court, are 
plausible but represents the thin end of a very thick wedge.

That wedge being: one set of rules for the ordinary citizen and a 
different set of rules for employees of the state. Well we already 
have that in respect to Firearms Law but let us not compound the 
problem any further.

Surely the general principle is that people influencing a court's 
deliberations declare their identify and give their evidence while 
visible to the court, including members of the public and newspaper 
representative that are present. Only in the cases of juveniles and 
certain other specific circumstances defined in law are there 
restrictions on identifying witnesses etc. Justice will not be done 
or seen to be done by regularly allowing state employees, who it is 
claimed are at risk as a consequence of being publicly identified, 
exemption from this principle.

The fundamental guarantee that justice is being done is the ability 
of the public at large to scrutinize the process. The ability of the 
state to obscure public visibility over the process, however 
plausible the arguments for so doing,  can only serve to undermine 
the public's confidence and increase the risk of real abuse by state 
authorities. One only has to consider the abuses of Public Interest 
Immunity certificates by the state in recent years that have led to 
miscarriages of justice to see the nature of the problem.

It has been argued in this thread that the officers involved in the 
Falmouth incident might be stigmatized or further traumatized by 
being identified. That this is a material consideration says much 
about the quality of training given to armed Police Officers and the 
criteria used in selecting these volunteers.

But one has to ask if the Police and Home Office are prepared for 
similar rules be applied to a member of the general public who 
committed a homicide, i.e. anonymity at the Coroner's court and 
continued anonymity if the verdict there was justifiable homicide. I 
think not and rightly so.
--
That is the point, if the guy had pointed his air rifle at
a member of the public and been hit over the head with a shovel
or whatever, you can bet that member of the public would not
be allowed anonymity at the inquest.

Steve.


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CS: Legal-Anonymity

2000-08-13 Thread RustyBullethole

From:   RustyBullethole, [EMAIL PROTECTED]

Strange as it may seem to the likes of "IG", my concerns
over anonimity in the Cornwall shooting stem not from a
bitter shooter, but from a citizen alarmed at how "armed"
standoffs between the police and the depressed, mentally
deficient, drunk and plain stupid, have decended into
what can only be compared to a "turkey shoot".

Gung Ho operational policy and a kind of "judicial
privelege" that anonimity plays a part in has ensured
that there is no requirement to preserve human life. 

I think history will prove that the police in the UK
have been grossly negligent in ignoring the unassailable
fact that almost all of their armed encounters do not
involve real firearms (guns, not airguns). By not
altering their operational policy to account for this
they have facilitated the deaths of perhaps a dozen
or more "unfortunates". We all agree the officers must
be properly trained and equipped for real armed
encounters, but a bit less of the "my only tools a
hammer so every jobs a nail" mentality would save
lives and go a long way towards dispelling any doubt
as to the officers conduct.

Its scandalous that only only a couple of police forces
in the UK seem to be actively doing something to prevent
further tragedies such as the one in Falmouth.

Durham police need congratulating on this front, having
a baton gun available in ARV's specifically to deal with
situations such as the soldier with the air rifle - had
the officers there been similarly equipped, the guy would
most probably be still alive - bruised and in jail.
(before anyone comments it would appear the officers had
plenty of time to use a baton gun, having shouted several
warnings before shooting).

Sooner or later the relatives of one of these "unfortunates"
will successfully sue the police for their heavy handed
approach in the face of clear evidence that the vast
majority of their encounters are of minimal risk to themselves.

As far as accountability goes, well, if the police werent
being held to account, then what the hell is the inquest
doing? Open your eyes for gods sake! The comments about self
incrimination are not really worthy of comment, other than
ask what on earth Rusty is going on about? 'Seeds' of
evidence? Where is that term mentioned in any legislation or
description of the judicial process? What does it mean?

Coroners call witnesses to inquests, although the inquest
does not seek to aportion blame, any evidence that may
result in proving that a person was "unlawfully killed" is
admissable - that includes evidence concerning the
character, demeanor or mental state of the officers
involved - how on earth could a witness with relevant
character or incriminatory evidence come forward if no one
knows who's in the dock?

"Seeds" - something small from which something large might grow.


Rusty
--
I can't fault the police in this circumstance for shooting
him.  I also don't think a baton gun was much of an option,
baton guns are designed for crowd control, you're supposed to
aim at the ground in front of the target and the baton is
supposed to bounce and clobber people.  Firing a baton gun
at the distance in this case would just have likely have been
fatal.

The police received a call of an armed man, they responded
with armed police, he was challenged, aimed at an armed officer
and was shot fatally.  I can't see that the police did anything
wrong in that particular circumstance, perhaps they could
have done something better, but if someone is aiming a gun
at you, even if you are behind cover, well, I know I would
shoot back.

There have been more dubious cases, one I can recall the police
shot a man who simply had an air pistol in his hand but wasn't
pointing it at anyone.

LAPD use shotguns loaded with bean bags, but even then, if
the subject points a gun at them they're likely to switch to
the real thing.

The Home Office has recently issued guidance on the use of
armed officers, essentially requiring a bit more prudance on
the part of the police as in most cases when the police confront
an armed man it usually is an airgun or replica that poses
little threat.  This was as a result of the case in London
where the guy with the table leg in a bag was shot dead.
(Although the Home Office won't say that, of course).

With criminals using real guns, in 99.9% of cases the armed
police arrive too late to challenge them, because they are
involved in a robbery or a drive-by and flee the scene.

When armed police confront armed criminals who are carrying
serious ordnance, it is usually as part of a planned operation,
an arrest or whatever.

Most of the police who actually engage armed criminals
in the process of the crime being committed are
unarmed, because they are the first on the scene.  The
Home Office actually has some research that shows that.

The Knights case in Feltham is perhaps the most graphic
example.  The problem is that the police then face a massive
risk to themselves, because it takes 

CS: Legal-Anonymity

2000-08-13 Thread Dave

From:   Dave Reay, [EMAIL PROTECTED]

 It
seems to me to be yet another case of 'lets have a go at
the police 'cos they never answer back' 
In a lot of cases they are never called upon to "answer Back" or as
others may see it "to defend their actions"
and its a popular
national pastime from disenchanted shooters who blame
every one but themselves for their problems.
In what way were the shooters to blame for the loss of their sport?
other than having respect for the sensibilities of the bereaved parents
of Dunblane. The police and news media had no such concerns and made
every possible opportunity to vilify the INNOCENT shooters. Its odd that
the News of The World should have suddenly found out how evil
paedophiles are, and are now being accused of a "witchhunt" against
paedophiles, when the Cullen report clearly showed that Thomas Hamilton
was a paedophile. Why was the "witchhunt" against shooters not decried?
It seems that the police are more willing to protect the rights of
paedophiles than the Law abiding citizen that shoots for a hobby!
Lets look at the wider picture here. Police officers are
not trained to the degree that military special forces units
are. They perform under different rules altogether. 
Yes! the military are not free to open fire on the general public, yet
we have seen enough cases of the police doing exactly that to cause
severe concern!
As far as accountability goes, well, if the police werent
being held to account, then what the hell is the inquest
doing? 
Exactly what the inquest did not do in the "Martin" case, it is giving
the police the right to kill when in fear of their lives and denying it
to the ordinary citizen. When did the police become a protected species?
 I speak
from experience, as I look at the panic alarms and emergency
equipment in my living room, due to a threat from criminals.
That is a failing of the "system" that does not allow you to protect
youreself by having handguns or other suitable defensive articles, it is
nothing to do with the shooters.
Hobby shooters who pontificate from their sitting rooms
don't have that to contend with. I do not relish the idea
of the press discovering my identity and publishing my
details either.
No! we only have to go out in the "mean streets" totally unprepared. We
are not allowed to know who the real criminals are and who to avoid. As
shooters we are not even allowed to know whether a "probationary" club
member is a psychopath or not, the plod will not allow us to run a check
on prospective club members. So we have to take them on trust, I for one
would like to know that we are not allowing "nutters" access to firearms
and the plod should take an equally responsible attitude by giving a
simple yes or no to the question "would this applicant be denied a
firearms certificate for any reason?". At least you have a load of mates
that can come to you're rescue tooled up to the knocker! 
We weren't too impressed at being forced to hand over our legally owned
possesions under threat of ten years imprisonment for none compliance
either! Lifes a bitch.
I strongly resent the undertones that are implied in the
post from 'Rusty'. He is suggesting that the officers
should be treated as defendants. 
Why should they not? If they are innocent then they will be found
innocent and no further stigma will be attached to them, but if on the
other hand they have been found guilty then they should be subject to
the full weight of the Law, as we are. Why do you assume that because
you are a police officer that you have special priveledges that do not
allow youre version of events to be questioned, make you immune to
prosecution and have rights that the common man does not have?
  It appeared
to be an emotionally disturbed man who unfortunately
did a very stupid thing. 
Aided and abetted by a ART that overreacted to what would have been a
relatively minor act of stupidity, if they had held back and surveyed
the situation they could have ascertained to what degree of threat they
were really being put, with a bit of diplomacy and common sense they
could have ended the confrontation without passing the "Death Sentence".
 As the "Death Penalty" has been withdrawn in grate britain, it is not
unreasonable to ask why the police have arbitrarilly carried out such a
sentence!
The banning of handguns in the U.K. at the instigation of the police
(among others) has removed the veil from the eyes of shooters, who
genuinely believed that it was in the interest of the public. They are
now seeing reallity for the first time. The police are no more than an
extended arm of the "Tax collection"  service, their spy cameras are
only there to provide revenue from speeding motorists, they do not
protect the children on estates, they are mounted on motorways where
children have no right to be. The "clean up" rate for the police is
abysmal, if I were to tell my boss that I had repaired 17% of the faults
he had passed to me, he would go ballistic and I would expect to be

CS: Legal-Anonymity

2000-08-13 Thread Jeremy

From:   Jeremy Peter Howells, [EMAIL PROTECTED]

You said - Is the threat of revenge attack the only reason
for officers being anonymous in this fashion?

I have answered sepatetely that the identification of
specialist officers (not only those in firearms units) in
open courts could lead to them being neutralised or
targeted by fringe groups or terrorists, even organised
crime.  There is also the social stigma and tramatic
stress of having shot someone.

Its all too easy to search press databases via the
internet for police shootings or similar occurences
and obtain names and ranks of those involved.  A little
extra work and you have their name and address (not
easily but it can be done).  You can then target them
or their family.

Certainly at inquests I think it is quite fair that
the police are not identified.  Should the inquest
have ruled the killing unlawful then the rules change
as the officers go to court as defendants.

Regards

Jerry


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CS: Legal-Anonymity

2000-08-12 Thread KiPng

From:   [EMAIL PROTECTED]

 "There is an easily identifiable police attitude towards
 the possession of guns by members of the public.  Every
 possible difficulty should be put in their way.  No
 documentation can be too rigid, no security requirement
 too arbitrary, which prevents guns coming into the hands
 of criminals." - Police Review 8/10/82
 
 That, in a nutshell, has been my experience with several
 firearm licensing officers.
 
 Steve. 


Steve,

The mindset (policy is probably too formal a word)
illustrated above has been proved to be totally valueless
by the ever climbing use of guns in crime since 1982 when
it was written.  When this is contrasted with the declining 
public ownership of guns one would hope that the result
would be a change in attitude. Unfortunately, it has by
and large resulted in a redoubling of efforts.

I would like to inform IG that my feelings towards the
police were based on the trust and respect that I was
brought up with.  However, this has slowly been whittled
away over the years by the attitude encapsulated in the quote 
above.  I suspect that many shooters share this experience.

Kenneth Pantling


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CS: Legal-Anonymity

2000-08-12 Thread Brian Toller

From:   "Brian Toller", [EMAIL PROTECTED]

IG I agree with you totally but don't expect support from
the majority of subscribers.  They will take any chance to
have a pop at the Bill.  Stay with the professionals

In the few short sentences above is encapsulated the
entire 'us and them' arguement that this and other similar
threads have revolved around.

Until "the majority of subscribers" can view The Law as
something that is available to them rather than done to
them then The Law and all those who enact and enforce it
will be regarded with suspicion.

How we get to a state of mutual trust is going to be a
long and painful journey but ultimately it will have to
start with a government trusting the electorate for the
entire term of a parliament not just giving the impression
of doing so for the  few short months when it wants us
to vote it in.

Given this administrations record not just on  firearms
law but on the so called Freedom of Information bill and
the recently enacted RIP bill I see little hope for the
forseeable future but ultimately someone in government
will have to take that first step.

Until then large sections of "The Bill" will view any
FAC or SGC as a crime waiting to happen and equally large
sections of the shooting population will view the police
as at best an obstacle and at worst a threat to their
peaceful pursuit.
Come the day we are actually trusted with some form of
self defence even if it were just a CS spray (which is
entirely defensive!) we will have taken
considerably more than one step.

Brian T


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CS: Legal-Anonymity

2000-08-11 Thread Jeff Wood

From:   "Jeff Wood", [EMAIL PROTECTED]

Yes, in this case I think I do have a problem with
anonymity.

In a terrorist or Yardie matter, there may be good
reason for individual police officers to fear revenge
attacks. However, in what seems to have been, essentially,
a sad case, it isn't immediately obvious why the
policemen who shot a civilian, and are accounting for
themselves in what is a court, shouldn't at least give
their names.

If in similar circumstances I as a civilian had shot
this chap in an emergency, I doubt if anonymity would
have been granted to me. On reflection, if I hadn't
been willing to account for myself, I would have no
business taking on the responsibility.

Uniforms, peaked caps, numbers rather than nametags
all tend to give the wearers anonymity, and distance
them from those they should represent, and who pay
their salaries and pensions.


Yours sincerely

Jeff Wood


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CS: Legal-Anonymity

2000-08-10 Thread IG

From:   "IG", [EMAIL PROTECTED]

Rusty and Jeff Wood seem to have a problem with anonymity
being granted to Police Officers involved in shootings. As
a police officer myself, I cant see what there problem is. It
seems to me to be yet another case of 'lets have a go at
the police 'cos they never answer back' and its a popular
national pastime from disenchanted shooters who blame
every one but themselves for their problems.
Lets look at the wider picture here. Police officers are
not trained to the degree that military special forces units
are. They perform under different rules altogether. Please
dont get confused between special forces and the
police. They are different and can not be linked at all.
As far as accountability goes, well, if the police werent
being held to account, then what the hell is the inquest
doing? Open your eyes for gods sake! The comments about self
incrimination are not really worthy of comment, other than
ask what on earth Rusty is going on about? 'Seeds' of
evidence? Where is that term mentioned in any legislation or
description of the judicial process? What does it mean?
The danger of revenge attacks is greater than members of
the public like Rusty and Jeff Wood appreciate. I speak
from experience, as I look at the panic alarms and emergency
equipment in my living room, due to a threat from criminals.
Hobby shooters who pontificate from their sitting rooms
don't have that to contend with. I do not relish the idea
of the press discovering my identity and publishing my
details either.
I strongly resent the undertones that are implied in the
post from 'Rusty'. He is suggesting that the officers
should be treated as defendants. Maybe a lesson in S3
Criminal Law act, S.117 of Pace, Common Law etc. might be
adviseable.
Good advicethink it through before posting drivel
like the above.
IG
--
I appreciate what you're saying, but this wasn't an
armed criminal who was gunned down who has mates who
are going to attack this police officer.  It appeared
to be an emotionally disturbed man who unfortunately
did a very stupid thing.  At the end of the day it
may make no difference not to know the officer's name,
but I find it hard to believe the officer would have
faced any sort of revenge attack.

Is the threat of revenge attack the only reason for
officers being anonymous in this fashion?

Steve.


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