Regina v Self: CACD 25 Feb 1992

The defendant had been accused of the theft of a chocolate bar from a shop, and of assault on the store detective who had detained him. He had been acquitted of the charge of theft, and now appealed against the conviction for the assault saying that he had resisted an unlawful arrest.
Held: The defendant’s appeal was allowed. The arrest had been unlawful, and he had been entitled to resist it. The conviction for assault when resisting an unlawful arrest, (no theft was later proved) could not stand.
Garland J said: ‘the words of section 24 do not admit of argument. Subsection (5) makes it abundantly clear that the powers of arrest without a warrant where an arrestable offence has been committed require as a condition precedent an offence committed. If subsequently there is an acquittal of the alleged offence no offence has been committed. The power to arrest is confined to the person guilty of the offence or anyone who the person making the arrest has reasonable grounds for suspecting to be guilty of it. But of course if he is not guilty there can be no valid suspicion.’

Judges:

Watkins, Swinton Thomas LJJ, Garland J

Citations:

Gazette 15-Apr-1992, [1992] EWCA Crim 2, [1992] 3 All ER 476, [1992] 1 WLR 657, (1992) 156 JP 397, (1992) 95 Cr App R 42, [1992] Crim LR 572

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 24 (5), Offences Against the Person 1861 38

Jurisdiction:

England and Wales

Citing:

CitedWalters v WH Smith and Son Ltd CA 1914
The plaintiff alleged false imprisonment and malicious prosecution after a private guard had arrested him at the defendant’s store.
Held: A private individual may justify his arrest of another on suspicion of having committed a felony only if . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 19 May 2022; Ref: scu.88001