----- Original Message -----
From: "Jethro R Binks" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, March 06, 2006 10:52 AM
Subject: Re: [data-protection] Sensitive Personal Data
> On Mon, 6 Mar 2006, Simon Howarth (RGC) Interim Information Governance
> Manager wrote:
>
>> As for "can you be dearrested", it rather sounds like another
>> Americanism creeping in, although I wouldn't be surprised to learn that
>> it's an olde English word!
>
> In fact I was reading something last week where someone, I think a police
> officer, was quoted as saying someone was "de-arrested". I was a little
> taken aback as I'd not seen that usage ... unfortunately I can't now work
> out what I was reading. But I did wonder if it had any actual real legal
> meaning (i.e., to cancel out the effects of being 'arrested', as if that
> had never happened in the first place).
>
> Presumably if it does, then when asked "have you ever been arrested", you
> could answer "no" truthfully. Unless they specifically wanted to know if
> you had been arrested, regardless of a later de-arrest. If such a thing
> exists.
>
I didn't know this but doing a search on "de-arrested". I have come across
http://news.bbc.co.uk/1/hi/england/london/3616524.stm
"Muslim cleric Hamza de-arrested
Muslim cleric Abu Hamza al-Masri, held last week on suspicion of being
involved in terror offences, has been de-arrested, Scotland Yard said."
Also see
http://www.spy.org.uk/spyblog/2004/09/abu_hamza_dearrested_presumabl.html
also about Hamza.
"Abu Hamza al Masri, the controversial Muslim cleric has been "de-arrested"
under the Terrorism Act 2000, according to a BBC report.
He is still in custody facing extradition to the USA, on charges mostly
relating to alleged activities in Yemen.
This is now the second time that Abu Hamza has been arrested, questioned and
"de-arrested" under the Terrorism Act, once regarding Yemen, and this time
regarding his alleged activities in the UK."
See also http://archive.thisiswiltshire.co.uk/2001/12/14/201111.html
"We will be interviewing Mr Singh with his solicitor when he is released
from hospital. He fully understands that he has been de-arrested."
See in addition http://thescotsman.scotsman.com/index.cfm?id=400972004
"Another man, aged 19, was also de-arrested under the Terrorism Act and
arrested under the Police and Criminal Evidence Act in connection with
alleged theft and deception offences."
The term therefore implies to me that the person is not going to be charged
on the matter for which they were being arrested and that they are free to
go. In the above case, the man was immediately rearrested for a different
offence.
Nick Landau
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