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10th January 2015 #12
- Join Date
- Aug 2008
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- Spain since 1988. My wife has been here since June 2006
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Thanks for replying.
I will look forward to hearing that all went well.
On the arrest point. I am 100% certain that there is no power for anyone, including the police, to arrested anyone in these circumstances.
If a complaint was made to the police , they might investigate it and then submit it to their legal department for advice on how to proceed. If it was decided to go ahead I am almost 100% certain it would by way of summons. However, as I said, I very much doubt that BA refusing to allow a person to check in could possible be anything but a civil matter, in which case you would have to take any legal actions which you decided were appropriate. As McCarthy did in the ECJ. There is never any power of arrest in a civil case.
(Malolos: Having retired from the police in UK in 1988 I am admittedly a bit rusty, although I try to keep abreast of new legislation. I would advise you 'as a friend' do not do as you suggest no matter what happens. Almost certainly you would be arrested, at the very least for disorderly behaviour or maybe assault if you use any force, even like putting your hand an another person, and end up in court.
PS That BA accepted the booking does not mean they will not ask for other paperwork, say a visa, before they will let her check in. The same applies to everyone. One can book a flight and the airline will never seek to see a visa, passport etc. but on check-in, if to enter the country you are flying to, a particular document is required, they will insist you have it.
I would suggest that you check with BA before the departure date that they will not insist on a visa. Unfortunately I am pretty sure you will get the standard reply that I did, see my previous post.
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