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What is a Citizen's Arrest? Criminal Law FAQs - LocalSolicitors.com

What is a citizen's arrest?

You do not mention whether the Suspended Sentence Order was conditional or with conditions. Either way, the operational period of the Suspended Sentence Order is 2 years from the date on which you were sentenced in April 2017. As I hope was explained to you at the time by your legal representative, breach of the Order, either by way of conviction for a criminal offence during the 2 year operational period or by not keeping to the terms of the Order, could result in the suspended 12 month term of imprisonment being activated in whole or in part, unless it was not in the interests of justice for that prison term to be activated.

In short, if your Offender Manager at the National Probation Service wishes to see you at any time during the two year operational period then it is in your interests to keep to that requirement in order to avoid the risk of being breached and being returned to Court for Committal for Breach.

You are correct in assuming that the operational period of the Suspended Sentence Order runs for 2 years from April 2017 until the second anniversary of your sentencing date in April 2019.

I am trying to establish how long I need to see the national probation services.

To cut a long answer short, no, the county court is a civil court, perverting or attempting to pervert the course of justice is a criminal offence under the common law. On a theoretical level, you could bring a private prosecution, commenced by laying an information in the magistrates court.

On the basis of the information that you have provided, it is not possible to advise on the merits of such a course of action, ie as to whether you have a case. Anyone can bring a private prosecution but the Crown Prosecution Service have a statutory right to adopt any such prosecution and this can result in their making the decision to continue it themselves or to discontinue it.

As I say, from the information provided it is impossible to say whether there is merit in the case either against the insurance company as an entity or any individuals within the organisation but a private prosecution is likely to be an expensive exercise and they would doubtless utilise all of their resources to fight any conviction. Tread very warily and if you are of mind to throw caution to the wind, get expert advice based on all of the relevant information.

Is this Perverting the course of justice?

Matthew Griffiths

What is a citizen's arrest?

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