Court

• At 1027 hours on thursday 26th october 2023, I was on duty in plain clothes in company with PC MOSS at KPC.

  PC MOSS and I received a call over the radio asking us to attend an allegation of assault at the spitfire pub after they had received a frantic phone call
• At 1028 hours PC MOSS and I arrived at the spitfire. After entering the pub, PC MOSS and I observed the victim arguing with the offender
• Female 1 was aged between 25-35 and was wearing a dull green top. She had no distinguishing features and was a female, with brown hair and was approximately 5'6. I did not see any jewellery at the time and before this incident I had not seen her before
• Female 2 was aged between 25-35 and was of slim build. She was wearing a black top and blue jeans and had no distinguishing features. She was a white female with dirty blond hair and was approximately 5'4/5'5. I did not see any jewellery at the time and before this incident I had not seen her before
• Inside the pub there were 5 tables, two were on the right as you enter the door and the other three were on the left. The bar was directly ahead of the door about 3 metres into the pub and there was a corridor next to it leading further into the pub. There was a fruit machine next to the tables on the right hand side of the pub
• As PC MOSS and I entered the pub female 1 and 2 were sat on a table on the right hand side, whilst the landlord was stood just in front of the bar. There was music playing out of female 1 phone so I said, 'Can you turn the music off please', to which female 1 replied 'I'll turn it down but I'm not turning it off I'm having a good time'
• PC MOSS and I then separated female 1 and 2 from the landlord and whilst PC MOSS was talking to the landlord female 1 and 2 started looking at the alcohol she wanted to take. PC MOSS then came back into the pub with the landlord where she arrested female 1 on suspicion of common assault at 1032 hours
• I then arrested female 2 on suspicion of trespassing and said the when questioned caution. At 1038 hours we started transporting both female 1 and 2 to custody. At 1040 hours PC MOSS and I arrived at custody and waited outside to be allowed in custody
• When in custody, the custody sergeant informed me that I should have arrested female 2 on suspicion of burglary rather than trespassing
• Assault - Any act where a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence
• Burglary - A person is guilty of burglary if they enter any building (or part of a building) as a trespasser

  a)With intent to:

  • Do unlawful damage to the building/anything in the building
  • To steal anything in the building/part of the building
  • To inflict GBH on any person in the building
• Burglary 2 - Having entered the building or part of the building as a trespasser:

  • Steals or attempts to steal anything in the building/part of the building
  • Inflicts or attempts to inflict GBH on any person in the building/part of the building
• Trespassing - Being there without consent of a person who can give such consent

  OR without other lawful authority

  Entry obtained by false pretences is NOT true consent