Could A Criminal Launch A Legal Challenge Against Their Arrest If The Officer Who Arrested Them Was Not Vetted?

[barney15c]

http://www.bbc.co.uk/news/uk-england-cornwall-39206326

[Old_Geezer]

I don't know, but an arrest is not a charge, and the general public can arrest. I'd suspect not.

[barney15c]

I will rephrase. Could a person launch a successful legal challenge if charged with an offence on the basis that the arresting officer had not been properly vetted. Or as you said, because a member of the general public can make a 'Citizens Arrest' this would not be an issue as a normal citizen would not have needed to have been vetted.

[Peter Pedant]

no
complete non starter
English law does not follow Miranda as in America

you would have to show the lack of vetting touched in some way the unlawfulness of the arrest

a judge threw out an application to ignore a detectives evidence on the grounds that he had been dishonest in one of the many West Mids Serious Crimes squad cases - ( 30 acquittals from conviction on the grounds of perjured evidence ) - and said the defence would have to show dishonesty in the instant case

gives you some idea of the hurdles you have to jump over to get evidence excluded

[New Judge]

You have to consider that in most cases the role of an arresting officer is simply to detail the suspect, provide the caution, transport him or her to the Nick and book him in. Quite why any “lack of vetting” should jeopardise this being done in a fair manner is a little hard to understand.