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A rare case of issuing summons to policemen by a District judge has come to light (23 July 2012)

Date: 23/07/2012
Duncan Lewis, Legal News Solicitors, A rare case of issuing summons to policemen by a District judge has come to light

A private prosecution has been allowed by a District judge against two Metropolitan police officers who alleged to have kidnapped a man and threatened unlawful violence when they arrested him at his home according to Guardian’.

The District Judge has issued summons in case brought by the man who claimed that the police unlawfully entered his home and forcibly removed him.

A district judge has given the go-ahead to a private prosecution against two Metropolitan police officers alleged to have kidnapped a man and threatened unlawful violence when they arrested him at his home, the Guardian has learned.

Sergeant Gareth Blackburn and Detective Constable Stephen MacDonald have been summoned to appear in court next month. Such issuance of summons by a district judge against police officers is believed to be rare.
Michael Doherty, 40, a former aircraft engineer, claims police unlawfully entered his home in West Drayton, Middlesex, on 4 September 2008 and forcibly removed him.
He had complained to police about an alleged crime, setting off a chain of events that led to his arrest. He was subsequently cleared of two charges of harassment.
According to the summons, the two officers allegedly threatened to "smash down a glass-paneled door which the homeowner was holding closed". The statement of offence continues saying that the policemen had threatened and used a battering ram to support their threat of violence. The occupants were caused fear for their personal safety.
The officers face charges of affray, burglary, aggravated burglary, misconduct in public office, kidnap and false imprisonment.
The statement of offence alleges that during the arrest the officers had trespassed and refused to leave Doherty's home and attempted to inflict grievous bodily harm against him.
Both officers were alleged to have carried Doherty away without any lawful authority. There was no consent of the victim and the policemen were accused of using unlawful violence to carry out the kidnap.
The summons was issued by the district judge Deborah Wright at Uxbridge magistrates court in west London last week. The officers will have to appear at Westminster magistrates court next month where Doherty hopes the case will be sent for jury trial at a crown court, for the alleged offences were beyond the jurisdiction of a magistrates court.
The Metropolitan police opposed the granting of the summons. The officers were believed to be on full duties.
Usually criminal cases in England and Wales are brought by the Crown Prosecution Service. The right to bring private prosecutions is granted by section 6(1) of the Prosecution of Offences Act 1985. The director of public prosecutions can seek to take over a private prosecution to continue to pursue charges or to stop a case.

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