I will stick to Scots Law as it was when I was in the job. Section 47 Criminal Law Consolidation Scotland Act makes carrying an offensive weapon in public an offence and gives the police the power to stop and search for such.
I note that the copper in you is rearing it's head. It's that bit of every copper who, as I have constantly repeated, insists on putting an individual they are or might be interacting with on the wrong side of the law.
Why do I say this?
Because you insist the it's an offensive weapon. It's not. It's not because under Sec. 47 an offensive weapon is
Definition of an Offensive Weapon
- Made or adapted: Any item specifically built or changed to cause physical harm to a person.
- Intended use: Any item that the person carrying it (or someone else) plans to use to cause injury.
At this point in time there is no evidence other than a weak assumption that it's about to
become an offensive weapon
It also creates the defence of reasonable excuse or lawful authority to have the item.
Fair enough.
You say a person does not need to speak to the police
No, I don't. The law does.
but failure to provide their defence means they cannot rely on it.
Only under caution. Slow down officer.
That no charges were brought, is likely because he had that defence, as he said on the video he was off to play baseball.
Then why was he attacked without being told he was detained? Why wasn't he cautioned?
Manchester police wear BWC, It'll be interesting to see if they release any footage. I'm damn sure that if I was able to prove that one of my officers acted entirely reasonably up till the scuffle then it would right out there in the public domain alongside all the camera phone footage.
You also suggest "Call to the man in a non confrontational way and ask for a minute of his time." How do you know that had not been tried?
I don't but the officers subsequent observed behaviour and ignoring of the "reasonable excuse" proffered suggests that he might have called the man then didn't like the fact that he was
legally ignored.
You assume the cop just jumped him "from behind". What happens when the police "Call to the man in a non confrontational way and ask for a minute of his time" and he fails to stop or speak or account for his possession? According to you, the police should back down and follow him, but you are not worried about the lawful authority of that. Why?
I've already described one way of getting a better outcome. I could describe many more but that's unfair on the copper and individual involved (armchair quarter backing and all that).
Let's have a look at yours.
"If it was me, I would have spoken to the male in a "non confrontational way" and if he if ignored me and walked off, I would have detained him under the old Sec 14 detention, as he was suspect of committing a crime in public that is punishable by imprisonment."
"Officer, just to confirm, you've detained me, can you be specific about what crime you suspect me of and what gives rise to this suspicion?"
I would have explained to him about the issues over violence in public, particularly in city centres with youths and advised him that openly carrying a baseball bat can attract unwelcome attention. It could be taken off him and even used against him.
"Thanks for that advice officer but did you have to detain me to tell me this? It seems like you are escalating a completely harmless situation."
I would do a warrants and pre cons check.
"Officer, I haven't committed any crime, none whatsoever. Why do you think I need to give you my details
at this point in time. If you plan to threaten arrest to gain them, that will be unlawful."
I would have asked him to phone his mate, who, if he confirms the story,
"I'm sorry officer. Are you OK? The burden of proof lies with you you cannot legally force or instruct or coerce me to phone a friend to prove my innocence or verify my story. Are you new to this job? Right now, you are staring a civil case right in the face."
Tell me, what it was that triggered your "presumption" that I'm intending to use this as an offensive weapon?
I tell you what, I'll defer to your reasonable suspicion but will say no more than I'm meeting my friend to play baseball and the item is in the wrapper it was purchased in, I bought it from there."
[if you watch the video you'll hear the individual say the above virtually word for word within the first 6 seconds of the officer grabbing him. The officer continues to escalate the situation.]
Now you have two options, let me go or arrest me. Neither will work out well for you.
then the detention would end.
Can I have your badge number and home station please? It's a pity, for you, that you decided to specifically instruct me to, "phone a friend", to prove my innocence. That was entirely unlawful. The poor beleaguered, lawful, taxpaying people of Scotland are going to pay for your tardiness, your lawlessness as well as your incompetence.