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Mistaken Identity - wrongful arrest

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louisewjones | 09:25 Tue 12th Oct 2010 | Criminal
4 Answers
6 weeks ago I was recently incorrectly arrested for assaulting a bouncer. I did not see the assault nor did I commit it. I have been told that a friend of mine committed the assault. There is CCTV footage so I am hoping that will clear me however in the meantime I am on a charge of common assault (although haven’t been charged) and have a bail date.

Although the fact that there is CCTV is a good thing, a witness statement was given detailing my description. At the time of my arrest 4 witnesses came forward offering statements confirming that I did not commit the assault and the person that did commit the assault came forward. The police didn’t take any details. In addition, the person committed the assault went to the police station the next day to give a statement. She was turned away with no details taken.

1. Why didn’t the police take the details of any witness’s or the person that committed the assault at the time of my arrest?
2. Why was the person that committed the assault turned away from the police station and no details were taken?
3. This has been incredibly distressing and emotional for me. I have been unable to sleep and have been a nervous wreck since. I have never been in trouble before. What actions can I taken against the police and the bouncer that incorrectly identified me?
4. Will my fingerprints details etc. be removed from the database?
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Maybe I have got my terminology wrong.

I haven't been charged but have a bail to return date. They told me this has been est in case further questioning is required. The crime is common assault.
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The DNA a d fingerprints will be kept on file for several years. There is a set time, but I can't remember it offhand. The European Court ruled it unlawful for this data to be kept for ever where no conviction occurs.

This arises from the fact of arrest, regardless of charge or conviction.

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